Washington Firearm denial

[Nate88]

As a minor when you do a deferral that is essentially the process (at least prior to this new law) that you are describing

Deferred Disposition:
Deferred Disposition is an option for individuals seeking to keep a violation from affecting their driving record and insurance rate. Deferred Disposition also keeps a conviction off an individual's criminal record, if the offense is a penal code offense (e.g. assault, public intoxication, etc.). If deferred disposition is successfully completed, the case will be dismissed.
After that process you then have your record sealed.

 

[Nate88]

Now to add to that process I have to apply for firearm restoration rights.
If I hadn't had it expunged I would have to do that before I could begin much less complete the restoration

 

[G1GRANDEUR]

maybe your case bit more involved than average sealed juvi case

 

[Nate88]

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.

 

[CLee0507]

Now I guess they can go back and retroactively penalize me for something I figured should be a grandfather type situation.

This happens a lot. See The Lautenberg Amendment which became effective 30 September 1996. Right or wrong it made it a felony for anyone convicted of a misdemeanor crime of domestic violence. I was in the Army during this time and I remember it being a big deal because it could potentially end your military career.

 

[G1GRANDEUR]

Update us what your lawyer found out.

 

[Nate88]

I did have it expunged. I had to send letters to the local police department, sheriff, and WSP. I'm not entirely sure. We will see I guess what the lay has to say.

 

[scrandall01215]

This happens a lot. See The Lautenberg Amendment which became effective 30 September 1996. Right or wrong it made it a felony for anyone convicted of a misdemeanor crime of domestic violence. I was in the Army during this time and I remember it being a big deal because it could potentially end your military career.

With this it only was retroactive back only 2 Or three yrs. I got lucky I had gotten in a fight with my cousin and got a assault 4, which is the same and it was about 10 months before the retroactive date. Ever since then I kept my nose clean because I realized how something so stupid could cost me so greatly.
Any new law like this should have to have some kind of retroactive date stated in It so your not having a issue like you or effecting someone 20 yrs after the fact. It just isn't right!!!

Stacy

 

[G1GRANDEUR]

Its gotta be your local sheriff who is doing your background check. You said you were able to buy non i-1639 firearms after 2019 of spring, but you got denied when buying semi auto rifle or pistol.

Am i correct?

But we are all assuming here, until his lawyer find out what is actually casing the problem.

 

[Nate88]

Yes sir. It was a pistol. I had bought a lower the week prior to the pistol. I had then purchased a hunting shotgun a couple days after the pistol. What's weird is Summer last year I bought a Glock and didn't have this issue. It is south sound 911 that does it for us. Some of the smaller municipalities have the sheriffs. It's the same thing, but on a larger scale is why they do it.

 

[CLee0507]

Ever since then I kept my nose clean because I realized how something so stupid could cost me so greatly.

You got that right!!!

 

[G1GRANDEUR]

Thats what I am saying, if new law was passed last year of spring, you would had problem already.

So it might be something else, who knows.

 

[Alexx1401]

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

This is not the first time they passed some kind of law to retroactively take gun rights and it will not be the last. When they passed a law that said if you had ever had a Misdemeanor domestic you could not own a gun it sounded great. Until they found some LEO's could no longer own a gun. One day they will decide if you ever had a speeding ticket over a certain amount you must not be safe to own a gun. It will sound great on paper.

 

[Alexx1401]

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.

That is NOT the way it works. Expunged does not mean they can't find it. Someone may have told you that but anyone who works with the courts or the Feds can tell you, if they tell the truth, that is not how it works. If they have the power to dig deep enough they can find it still.

 

[Nate88]

That is they way I interpreted the back in forth I was getting with the law enforcement agency

 

[Alexx1401]

That is they way I interpreted the back in forth I was getting with the law enforcement agency

Sounds like what has happened in the past was when they saw a sealed Juv. record they just ignored it. This time someone actually opened it and decided it was now making you not eligible. Hopefully you can get it cleared up.

 

[andersencs]

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

What was the felony? It may be that you will need to petition the Superior Court to restore your firearms rights.

 

[Devneck]

I have a buddy that restored his rights in Washington. His restoration is not recognized in Oregon.

May want to inquire about that if you travel to other states.

 

[Nate88]

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

 

[andersencs]

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.

There is a legal difference between sealing or vacating a felony and restoring your firearms rights. It is the only right that must be separately restored. Ironically the most important right must be restored.