Washington Firearm denial

[Nate88]

Up until last year's Supreme Court ruling I wasn't required to restore separate from the process I had already done. That was from the lawyer himself.

 

[goodratter]

Expungements deal with court records. Not investigative memoranda that the sherriff may possess, he is allowed to keep that in perpetuity. (For possible subsequent violations). If your juv crime was in his jurisdiction he can use that info in his background checks. Sounds like your denial resides there.
Can be resolved, but will take time. You are fighting against there willingness to help out.
Good Luck to you.

 

[oremike]

I can't speak to your issue(s) I can only state that over 30+ years of buying guns every once in a while I'd get delayed for a day or so but mostly the BGC would go right on through. I didn't really think much of it, feces occurs, right? When I applied for my FFL I was denied. I was able to get a hold of the FBI agent that issued the denial and she told me what the problem was, I'll not go into the sorted tail but will say that i spent a full day going back and forth with different pieces of paper getting statements and signatures getting the City Police, County sheriff, and county courts to say they had no interest in me and in fact if they ever did those records had been purged and destroyed. I send the whole packet to the FBI agent and a week later I called her and she told me that she understood what happened and approved my application. The side benefit is now with that black mark removed my background checks go right thru.

 

[awshoot]

For those interested, I think this is the WA Supreme Court case causing problems here:

BARR v. SNOHOMISH COUNTY | 440 P.3d 131 (2019... | 20190510e65| Leagle.com

YU J. 182 1 This case asks us to decide whether the Snohomish County sheriff the Sheriff is required to issue a concealed...20190510e65

www.leagle.com

It makes a distinction between sealed records and expunged records, and says that under Federal law, sealing records does not restore rights.

 

[bbbass]

Back then it was essentially the best route. I didn't have to fight it per se. I showed Up and said I wanted to and would be a contributing member of society. Then if I completed the program it would be non existent. Just need to seal the record and it would basically disappear forever... or until the court decides that the interpretation of the process; which I guess is technically true, is that I am guilty of the felonies.

It was a malicious mischief and taking a motor vehicle without permission. Me and my buddy used his moms car to run to grocery store and I wrecked it on the way back. DUI involved. Already started the restoration part. Before I didn't have to do that. Now that the new law went into effect they are saying a deferred is guilty when before that weren't looking at it like that since it had been sealed and such

I can't speak to your issue(s) I can only state that over 30+ years of buying guns every once in a while I'd get delayed for a day or so but mostly the BGC would go right on through. I didn't really think much of it, feces occurs, right? When I applied for my FFL I was denied. I was able to get a hold of the FBI agent that issued the denial and she told me what the problem was, I'll not go into the sorted tail but will say that i spent a full day going back and forth with different pieces of paper getting statements and signatures getting the City Police, County sheriff, and county courts to say they had no interest in me and in fact if they ever did those records had been purged and destroyed. I send the whole packet to the FBI agent and a week later I called her and she told me that she understood what happened and approved my application. The side benefit is now with that black mark removed my background checks go right thru.

The truth of it is that the "powers that be" are interested in making it ever more difficult for society to own firearms. Any excuse will do, because every citizen is a perp that was never caught, a potential troublemaker, etc.

"They" can do whatever they wish to decide. Case in point:

About 20yrs ago, one of my older brothers, now 72, bought a semi-auto pistol down in Calif (he was about 50yrs old at the time of purchase)... 3 days after he had taken it home, the LGS dealer called him and asked him to return the firearm as he had been identified as prohibited by whatever system was in place at the time. He complied, then tried to find out what had gone wrong. Apparently it traced back to a drug conviction when he was in his early 20s. But wait, he had pleaded down to a misdemeanor!!! He wound up going all the way up the chain to the Asst Director of the BATF, a gal with a really stern attitude towards perpetrators of any kind of crime. He pleaded with her that he was only convicted of a misdemeanor so under the law he shouldn't be prohibited. She told him that he was guilty of a felony, regardless of the plea bargain, and that was that and she was NOT going to change her decision. He could have gone the legal route but didn't have the time or money.

So yeah, the point is that the powers that be can decide whatever they want. And make one a felon years after the fact.

 

[Nate88]

That case is what I am looking for. Thank you. It clears some things up as to the decision they made.

 

[G1GRANDEUR]

if law was passed spring of 2019, how come they let you have a handgun in summer of 2019

whole thing is just funny, you can still buy non I-1639 firearms. but not I-1639 compliant firearms.

 

[homeuser6]

once the relief from disability thing goes through it will all be moot. expect occasional nics delays depending on who is entering it. cost me some money but worth it.

 

[andersencs]

I am a Washington Attorney with some experience with restoring rights. I don't agree with any gun laws but I know how to play the game until people wake the bubblegum up and stop voting for anti gun politicians.

 

[G1GRANDEUR]

any update?

to me this case still doesn't make sense.

OP was able to purchase firearms after this law passed, but this time he can't?

 

[Nate88]

No update as of yet. The attorney said that it would take two months. So I am looking at 6/26 the earliest

 

[Alexx1401]

any update?

to me this case still doesn't make sense.

OP was able to purchase firearms after this law passed, but this time he can't?

This again is squarely in the lap of many gun owners. In mass they LONG ago decided the 2nd is not a right, it's a privilege. Gun owners lined up to say they agreed that what the 2nd really said is you can own a gun if some Gov employee says you can. Those same people can at any time change their mind and say you no longer can. Sadly most gun owners have never had a problem with this until it hits them. Then all of a sudden it's back to being a right.
Now it no longer has to come close to making any sense. Any person in authority can just decide at any time anyone can or can not have a gun as they see fit. When they decide you can't? Well sucks to be you. Too many gun owners do not care as long as it's not them <shrug>

 

[Nate88]

That's why I donate and am part of multiple gun advocacy groups! I guess I could just move to Montana and never deal with it again.

 

[Nate88]

Update:

 

[Rolin808]

Wow
That sucks, I'm really surprised that a juvenile case came back to haunt you.

Every state is different but one would figure that all of the current firearms you owned prior to the laws being changed would have been grandfathered.
We have mandatory BGC in Hawaii and this was never an issue
Best of luck to you and your case.

 

[F2CMaDMaXX]

Wow
That sucks, I'm really surprised that a juvenile case came back to haunt you.

Every state is different but one would figure that all of the current firearms you owned prior to the laws being changed would have been grandfathered.
We have mandatory BGC in Hawaii and this was never an issue
Best of luck to you and your case.

Literally fixed in the post right before yours.

 

[Nate88]

Interesting way they responded to my restoration documents. It's almost like somehow because it was seal that they couldn't see it therefore they chose to deny me. Then with the restoration all of the sudden they were able to view and update. What do I know. Someone got some money though