SEATTLE (AP) — A Washington state police officer accused of using excessive force has had a request to restore his right to carry a firearm while awaiting trial denied.

The Seattle Times reports on Tuesday U.S. Magistrate Judge Brian Tsuchida refused to restore Officer Nicholas Hogan's right without a waiver of the law that bars indicted defendants from possessing firearms. Hogan must petition the U.S. attorney general for the waiver, but Assistant U.S Attorney Bruce Miyake says the likelihood of that happening is minute.

Hogan was on paid administrative leave after being indicted on a charge that he pepper-sprayed a man who was under arrest and restrained.

A new Snoqualmie Police Department chief removed Hogan from paid leave and ordered him to report for duty knowing that Hogan cannot do his job without a firearm.

Hogan's attorney expects Hogan will be fired if he is unable to report for duty.

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