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Clarification Info? RCW: 9A.46.020(2) & GUNS

Discussion in 'Legal & Political Archive' started by Contract_Pilot, Apr 6, 2009.

  1. Contract_Pilot

    Contract_Pilot Vancouver, Washington Active Member

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    I have a good friend (Known since I was about 10 only in trouble once about 10 years ago) that wants to build an AK but he has a GROSS MISDEMEANOR on his record he is unsure and so am I if he is able to own, build, or even posses parts?

    We pulled a State Patrol Check he's in Washington and it shows the info that is below! He has called a few attorneys some say not a problem 1 say's he may have to Petition To Restore Rights but wanted $500.00 gather an review his documents. Anyone Know if his offense prevents him from owning and/or anyway to check at a reasonable cost?

    I was more than willing to help him and go shooting with him "He was going to buy the ammo" until he brought this issue up. I would hate to get in to trouble for helping him learn how to build. I would hate having a LEO show up while out shooting and him being in control of one of my firearms and have it taken?

    As of now I told him we need to clarify this some how and maybe now I have to run background checks on all my friends :laugh:

    So any attorneys on here wanna give a quick Yes/No Under the RCW below. From what I read for Washington it's not a prohibitive offense but them RCW's get confusing.

    DISPOSITION
    | CONTRIBUTOR OR RESPONSIBLE AGENCY:
    | WA00XXXXX CLARK COUNTY
    | PROSECUTOR
    | COURT CASE NO: XXXXXXXXX
    |
    | STATUS: GUILTY
    | 0XXXX HARASSMENT
    | RCW: 9A.46.020(2)
    | GROSS MISDEMEANOR
    | STATUS DATE: XX/XX/1999
    |
    | SENTENCE: SENT. DESC.:
    | CHG 01: FINE-500.00,
    | COSTS-110.00, JAIL-365
    | DS/SUSPENDED 322 DS FOR 24
    | MOS
     
  2. KENOC

    KENOC Portland area Member

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    Why don't you just have him pay a ffl to run a background check on him like he is buying a gun....spend $25 and you will know..a lot cheaper than paying an attorney...
     
  3. Contract_Pilot

    Contract_Pilot Vancouver, Washington Active Member

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    That's a good idea know any FFL's that will do it with out a purchase.
     
  4. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

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    I think the question was/is what's the maximum sentence for his exact crime? Was he a juevenile at the time?
     
  5. Oro

    Oro Western WA Active Member

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    Your answer is in the info you posted. He was sentenced to a misdemeanor with a maximum term of 365 days, of which he served 33 it appears. That means he has not a) been convicted of a felony, or b) been convicted of a crime with a possible (not served, but possible) sentence of more than one year. Thus, on form 4473 on question 12c, he would answer "No" and his record reflects that as printed above.

    He has no reason to fear that he is barred from owning or possessing guns, and you have done your diligence to check that out so you are OK. To run afoul of the law, you have to either know for a fact, or have a good reason to suspect, the person is barred. But this case is pretty clear because you have the sentencing information right there.

    So you ran into a few honest attorneys, and one who is either a) ignorant of the law and willing to take your friend's cash to tutor himself/herself, or b) knows the law and is just trying to bilk you. Either way, make a note never to use that person or let your friends or family go to them.
     
  6. Contract_Pilot

    Contract_Pilot Vancouver, Washington Active Member

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    As the law reads today...

    RCW 9a.46.020
    Definition — Penalties.


    (1) A person is guilty of harassment if:

    (a) Without lawful authority, the person knowingly threatens:

    (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

    (ii) To cause physical damage to the property of a person other than the actor; or

    (iii) To subject the person threatened or any other person to physical confinement or restraint; or

    (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

    (b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

    (2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.

    (b) A person who harasses another is guilty of a class C felony if either of the following applies: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

    (3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
     
  7. tionico

    tionico Thurston County Well-Known Member

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    MY understanding is that the FBI check will only be done in Washington when a person is actually in process of buying a firearm. The form has a place for the seller to indicate the specific weapon being purchased. Remember the nonsense about "resident aliens" needing a special permit to own a firearm in Washington, and the FBI getting huffy with the Department of Licensing in doing these checks because, at the time of the check, a firearms purchase was not in progress? FBI quit doing the checks for DOL... which I thought looked real good on the DOL crowd.

    One way would be to have your friend join the Washington Arms Collectors.. they have some arrangement for an FBI background check, which they do as a prerequisite to accepting a new member. It costs them ten bucks, which adds a bit to the membership price. BUT--they KNOW that every member has that check, and is clean, and so when they restrict sales to members only they hold a high security standard at their shows. Good outfit to be a part of, too... amazing wealth of information, help, knowledge, amongst their membership. Well worth the forty five bucks to join, the FBI background check being part of it. If the check comes back "not cleared to proceed", they keep the cost of the check (ten bucks, I think, maybe eleven), and I believe they return the membership fee, as they will not accept you for membership with a failed check. Now, you KNOW, and for only eleven bucks...... let the attorneys starve. Five hundred bucks to look his records over... hah! Thievery, I don't care if it's "legal". Pay WAC the ten bucks, which is their cost, and he'll know. Oh, and take him to the Monroe or Puyallup gunshows... he'll find more fun things to look at than he ever would in a gun store...