Officer Nicholas Hogan is charged with violating the civil rights of a restrained man he pepper-sprayed in 2011 in Harborview Medical Center.

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An indicted Snoqualmie police officer must petition the U.S. attorney general to restore his right to carry a firearm while he awaits trial for allegedly violating the civil rights of a restrained man he pepper-sprayed in 2011.

U.S. Magistrate Judge Brian Tsuchida on Tuesday refused to restore Officer Nick Hogan’s right to carry a firearm without a waiver of the federal prohibition barring indicted defendants from possessing firearms. Until that happens, Hogan cannot carry a firearm, the judge said.

Assistant U.S. Attorney Bruce Miyake said the likelihood of that happening was minute. He said that even if Hogan obtained a waiver, the City of Snoqualmie is barred by the same law from giving the indicted officer a firearm.

The city would have to seek a similar federal waiver, and Snoqualmie officials have given the U.S. Attorney’s Office no indication it would do so, he said.

Miyake, in a brief on the issued filed Tuesday, said that even if Hogan and the city agreed to seek a waiver of the prohibition, Congress has refused to provide funding to process such waivers since 1992.

The city has rescinded Hogan’s unpaid leave and ordered him to report for duty — a job he cannot fulfill without possessing a firearm. As an accused felon in federal court, Hogan is prohibited from possessing or having access to firearms.

Hogan’s attorney, Wayne Fricke, filed a motion with U.S. District Court last week asking that the conditions of Hogan’s bond be modified to allow him to possess a gun while on duty.

Fricke said 35-year-old Hogan expects he will be fired if he is unable to report for duty because of the prohibition on carrying a firearm.

Hogan was indicted by a federal grand jury in May for allegedly violating the civil rights of a man in custody, by using excessive force.

Hogan was a police officer in Tukwila at the time of the May 20, 2011, incident and the man he pepper-sprayed had been arrested after a fight. Hogan had taken him to Harborview Medical Center for treatment before being booked into jail.

After Hogan’s indictment, the city of Snoqualmie placed him on paid administrative leave.

Hogan is an officer with a troubled history. Hired by Tukwila in 2009, Hogan was sued twice in federal court on accusations of excessive force. Those lawsuits cost the city hundreds of thousands of dollars in out-of-court settlements and fees.

He was fired by the city in 2012 after an investigation into the incident at Harborview Medical Center concluded that he had used unreasonable and excessive force on the suspect.