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Cai Hunter McIntosh v. Washington

Paid petition · Court of Appeals of Washington, Division 2, No. 57583-3-II · judgment March 5, 2024


Certiorari denied · December 9, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In all fifty States, a person loses the constitutional right to possess firearms after being convicted of a crime punishable by more than one year in prison, even if the person committed the crime as a juvenile. If, however, a court sets aside the conviction or restores the individual’s civil rights, the conviction disappears for purposes of federal law, and the person regains the constitutional right to keep and bear arms. In this case, the Washington Supreme Court refused to consider the petition of a young man who lost his firearm rights even though his state juvenile convictions were sealed and therefore “shall be treated as if they never occurred” under Washington law. Furthermore, Washington had already restored his civil rights to vote, to serve on a jury, and to hold public office. The question presented is: Should a sealed juvenile conviction that has essentially disappeared and for which a person’s civil rights have been restored prevent someone from owning a firearm under federal law?

Counsel of record

For petitioner
Brian Christopher Zuanich
Zuanich Law PLLC

For respondent
Rachael Rogers
Clark County Prosecuting Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 09 2024
    Petition DENIED.
  2. Nov 19 2024
    DISTRIBUTED for Conference of 12/6/2024.
  3. Nov 05 2024
    Waiver of right of respondent Washington to respond filed.
  4. Oct 08 2024
    Petition for a writ of certiorari filed. (Response due November 12, 2024)