Washington Firearm denial

[Nate88]

First off let me preface this with I have had my CPL for the last 9.5 years. I have been purchasing guns since I was 18. I got my first denial the other day after having a hold for the previous 5 weeks. South Sound 911 went on to say that because of a juvenile felony which was also sealed a at 18, I am ineligible to purchase and possess firearms since the new laws that were passed in 2019. I made three purchases within two weeks. Two were "others" and one was the scorpion. The other which went to NICS got approvals and this one resulted in me being ineligible to own firearms. I'm now in the process of having to restore my firearm rights. Has this happened to anyone else

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[User 1234]

Might want to consult privately with a firearms attorney before you inadvertently commit a new crime which ruins your chance of clearing this all up. Good luck to you.

 

[Nate88]

Already paid for and have this in the works. I have also transferred firearms to a family member home and their possession. After consulting with the lawyer I was told that most likely I wouldn't get in trouble that I purchased it all with "good faith" that I was eligible to own firearms

 

[G1GRANDEUR]

I am ineligible to purchase and possess firearms since the new laws that were passed in 2019

what law is that?

 

[TTSX]

This is an example of one's past coming back to haunt them. I hope you have a speedy and positive outcome

 

[Nate88]

I don't think it was 1639. I've been trying to dig into it as much as possible and came up with 8 different gun control laws that either went into effect or were passed last year. It looks to me more like HB5205. It's basis is about incompetent to stand trial and having committed more then one violent crime. As to the juvenile record portion it was sealed. Meaning it wouldn't show up in a typical BCG. With the new law a juvenile differed disposition is now being considered as pleading guilty.

 

[Nate88]

Here is a snippet of one of the responses I received

 

[Nate88]

Here:

 

[Nate88]

Here

 

[Nate88]

Here. This one preceded the other one

 

[CLee0507]

Getting your firearm rights restored is very complicated. I had a buddy who had a non-violent felony expunged in order to obtain a handgun permit for safety and it took him years to do this. Also only specific non-violent crimes can be expunged so depending on what it was you could have an unpleasant road ahead. Good luck though

 

[Alexx1401]

Interesting case. When it's done, if you are able to clear yourself, make sure to let the people here know. May be info that will come in handy for others.

 

[Nate88]

I am eligible. I have already signed all the papers. That's not what worries I guess. I had already sealed my record when I became an adult. What worries me I guess is the fact that this could be taken care of already and a new law is passed that makes it so now I have extra hoops to jump through when I had already met the requirements is what scares me. I mean I have the cpl and guns already, but a law 15 years later is passed and I have effectively now became a felon all over again without actually breaking the law

 

[Nate88]

Absolutely. I know this may sound crass, but I was hoping this wasn't the first case anyone had heard of and I was just over worried. Besides the lawyer I have already working on the restoration part of it I am waiting to here back from second Amendment Foundation to see if they can help square this away for future issues

 

[G1GRANDEUR]

Interesting, so with new law that was passed last year (spring?), even with juvenile case were sealed and expunged (as never occrued) its going to be a problem now?

Yet you can still buy long rifles (non semi) and shotguns? doesn't make sense.

I am thinking its the local sheriff who ran your background check denied this? (Since you bought semi auto and it has go through them not NCIS).

 

[Nate88]

Yes sir it is technically no longer valid. They went on to tell me that once I complete the firearm restoration process I can then apply for a cpl. Mine currently is set to expire on March 4 2021, but this definitely wasn't the way I intended on going about the renewal process.

 

[G1GRANDEUR]

If you don't mind asking, your juvi case were expunged as well or just sealed?

I think those are two different things.

 

[Nate88]

Yes sir. I did the deferred disposition process. So I guess technically after the probation period and the time set forth to stay out of trouble is completed it effectively isn't on your record anymore. I was told back then that the only thing that would never go away was the arrest record. Apparently that never does for anyone. Then we sealed it. Back then I didn't have to complete a firearm restoration process for the route to which we took. Now I guess they can go back and retroactively penalize me for something I figured should be a grandfather type situation.

 

[gmerkt]

. With the new law a juvenile differed disposition is now being considered as pleading guilty.

What worries me I guess is the fact that this could be taken care of already and a new law is passed that makes it so now I have extra hoops to jump through when I had already met the requirements

This would be difficult for any ordinary citizen to follow. I read the response OP copied in post #10 but I can't use the quote feature to bring up what I want to. But it's the part that states a Wash. Supreme Court case is the reason his previously sealed record is now open to scrutiny. How many ordinary people follow what the state supreme court does??

It's difficult for me to comprehend the intricacy and obfuscation of the many laws that are potential bars to ownership of guns. Gets worse all the time, lately they have been adding misdemeanor offenses. Once you lose the "paper right" to own a firearm, it's difficult to unravel. A friend of mine was arrested in 1970 when he was 20 years old. He was never convicted, arrested only and released. He fails the NICS check and nobody has ever been able to tell him why.

Another of my friends was assaulted in his home, kicked the known assailant out. The assailant then went to the police and said he'd been assaulted. It went to court, my friend's attorney advised him to plead to a lesser offense. He didn't know what he was pleading to, he just did what his attorney advised. So he was okay with NICS for years and years. Then when the background checks started being done here, he was denied. Turns out his attorney had him plead to a lesser felony.

These things drive me nuts.

 

[G1GRANDEUR]

Again, expunged as well?

If your case were sealed and expunged, you will have a letter that saying your case has been treated as never occurred.

Sealed means not able to view without court order, but case is visible.

Sealed and expunged means as never occurred, deleted from the system.