State v. Ibrahim
269 P.3d 292
Wash. Ct. App.2011Background
- Ibrahim, a lawful permanent resident, was arrested for possession of a firearm after officers found a .22 revolver on him during a frisk following a stop near a motel.
- The stop/frisk occurred after officers observed unusual conduct and a discarded drug pipe; Ibrahim contested the frisk as unjustified.
- Former RCW 9.41.170 required aliens to obtain an alien firearm license and register firearms; the statute was repealed in 2009.
- The trial court denied suppression and upheld the frisk; Ibrahim was convicted of being an alien in possession of a firearm.
- The State amended its ICE witness list; the court denied a CrR 8.3 dismissal motion; on appeal, the conviction was challenged on equal protection and Second Amendment grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Terry stop and frisk were justified | Ibrahim argues the frisk was unsupported by reasonable suspicion | Ibrahim claims nervousness did not amount to armed-and-present-danger concern | Frisk justified under Terry; reasonable safety concern supported |
| Whether former RCW 9.41.170 violates equal protection by treating legal aliens differently from citizens | Ibrahim asserts the statute discriminates against legal aliens | State argues reasonable restrictions on firearms for non-citizens are permissible | Unconstitutional; violates equal protection and the Second Amendment rights of legal aliens |
| What standard applies to evaluating the constitutionality of a statute restricting firearm possession by aliens | Statute should be reviewed under strict scrutiny due to fundamental rights | Statutory validity reviewed de novo without prescriptive scrutiny level | De novo review; statute fails constitutional muster under equal protection/fundamental-right analysis |
| Whether the right to bear arms extends to legal aliens under Washington law | Fundamental right to bear arms applies to legal aliens similarly to citizens | State may restrict alien rights differently from citizens on public-safety grounds | Fundamental right to bear arms cannot be denied to legal aliens; statute unconstitutional |
| Whether the conviction should be reversed and the prosecution dismissed | Statute unconstitutional; conviction void | Conviction supported by stipulated facts prior to repeal | Conviction reversed and prosecution dismissed |
Key Cases Cited
- State v. Santacruz, 132 Wash.App. 615 (2006) ( Terry stop and frisk framework; de novo review of legality)
- State v. Rankin, 151 Wash.2d 689 (2004) ( Terry considerations; de novo law review)
- State v. Garcia-Salgado, 170 Wash.2d 176 (2010) ( Fourth Amendment searches; reasonable suspicion and scope)
- Graham v. Richardson, 403 U.S. 365 (1971) ( Equal protection; aliens entitled to equal protection rights)
- United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) (Nationality-based rights in U.S. community; limits for aliens)
- State v. Hernandez-Mercado, 124 Wash.2d 368 (1994) ( Equal protection challenges to firearm restrictions)
- State v. Sieyes, 168 Wash.2d 276 (2010) ( Right to bear arms; fundamental right and scrutiny)
- City of Seattle v. Ludvigsen, 162 Wash.2d 660 (2007) ( Constitutional analysis of municipal and state powers)