Some violent felons legally getting guns in Washington

The one thing it seems gun rights advocates and gun control advocates can agree on: Guns should be kept out of the hands of violent criminals.

And yet, a KIRO 7 investigation discovered the state of Washington is allowing just that. A confusing state law that restores gun rights for felons has been interpreted by different courts in different counties, and the resulting confusion has allowed felons to get their hands on guns -- legally.
           
Under the Washington statute, felons are eligible to get their gun rights back if:
● Their conviction was not a Class A felony.
● Their sentence was less than 20 years.
● They are not convicted sex offenders.
● They have spent five years back in the community with no convictions.
 
But our investigation shows that many alarming red flags get disregarded in the process.
 
Sandy Zettergren lived in Endicott for years with her husband, Erik. Many days she was terrified. Erik Zettergren had a history of mental health issues, and he was also convicted of felony gun and drug charges. She told KIRO 7 Zettergren was abusive and threatened her repeatedly, telling her "he could kill me at any time and bury me in the basement and no one would ever know."

Sandy eventually got a restraining order, and in 2004, escaped with her two children to a safe house.

Yet, after the restraining order expired, Erik asked the county if he could have his gun rights back. Despite his history of problems, the court said yes.                         
 
"It's just like, I can't believe you got your gun rights back after everything," she said in an exclusive interview with KIRO 7, breaking her silence after almost 10 years.
 
There was nothing Sandy could've done to keep guns away from him, and in the course of our investigation we learned there was nothing anybody could've done under state law.
 
Prosecutor Kathy Webber in Snohomish County told KIRO 7 courts are handcuffed when it comes to cases like Zettergren. "Once the offender meets the criteria, the court must grant the petition," she explained. Like counties across the state, Snohomish County receives a constant stream of requests from felons who want their gun rights restored.

Even if convicted felons are known domestic abusers, that does not disqualify them from getting their gun rights restored. Neither does other violent behavior, unless there is a conviction. Webber said she has no wiggle room to try to block gun restoration rights if the felon meets state requirements, "There's nothing that prevents me from feeling nervous about my job, but I still have to do the job that I've been given."
 
Convicted sex offenders are supposed to be different -- they are effectively barred from ever getting their gun rights back.

But after reviewing more than 17,000 police and court records, KIRO 7 found convicted sex offenders are getting their rights restored in King, Spokane, Clark, Lewis, Mason and Kitsap counties.

And once their rights are restored in one county, it's legal for them to own a gun anywhere in the state.

Most of the cases we uncovered were approved after a state Supreme Court case concerning a sex offender identified as "RPH." In 2000, RPH raped two girls. But after 11 years had passed and RPH was an adult, he sued to get his gun rights restored. The court decided he was rehabilitated -- and restored his rights.

Now, some courts are looking at that ruling and applying it even to sex offenders who committed their crimes as adults.

Additionally, since 2010 at least 3,000 felons and domestic violence abusers have had their gun rights restored.

Some like Roy Clevenger went on to commit more violent crimes. He nearly beat his wife to death in 2010. Les Eldredge had his rights restored in 2001 and is now in prison for raping a child. Erik Zettergren is also in prison.

In 2005, just two months after the state restored his right to have a gun, he used it.

Two women and a 32-year-old man named Jason Robinson were at Zettergren's home. Zettergren later told police Robinson tried to take advantage of Zettergren's girlfriend after they had passed out.

Zettergren grabbed his gun and held it to Robinson's head. Robinson reportedly said, "What are you going to do, kill me?" 

Zettergren did.
 
Zettergren's ex-wife Sandy went to his murder trial. She met the victim's mother, Donna Lee Bly. And Sandy told Donna her story. She also told her that Zettergren had just recently gotten his gun rights restored. Almost 10 years after the murder, Donna still cannot accept the circumstances that led to her son's death. "Why? Why would he get his gun rights back?" she told KIRO 7.  "I could not understand why somebody who's on Social Security, disability for being bipolar and doesn't have a job, doesn't work, doesn't do anything -- has a right to get his gun rights after he had had them taken away. He had threatened his family, his own children."
 
That's the way the law worked back then. It's the way it works now.
 
"It took my baby," Donna said, still grieving, still tearing up at the thought of seeing her son in a casket. "I mean, he was always going to be my baby, and that's something only a mother can feel."
 
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