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Firearms Rights Restoration - Need Help

Discussion in 'Legal & Political Archive' started by NoLeftTurns, Mar 22, 2013.

  1. NoLeftTurns

    NoLeftTurns Bellingham New Member

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    I am a new resident to the NW (less than a year) and also a new member of this site. I am hoping I may be able to get some help with the process of restoring firearm rights in the state of Washington. Does anyone have experience in this department? Either with an attorney or by themselves? I understand I am supposed to petition the court and make a note for motion. Hopefully someone could show me a successful example? Thanks for any help.
     
  2. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    First, welcome to the forum.

    I am not from Washington so I do not know the answer to your. I suggest you try contact CCRKBA. They should be able to give you a few pointers. And maybe even join them.
     
  3. NoLeftTurns

    NoLeftTurns Bellingham New Member

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    Thanks for the welcome, and thanks for the quick reply. So far members have been very friendly and polite. Great site and keep it up! I will check into this and other info from PMs. Thanks again and I will post progress as I advance. I hate to think how much is spent on attorneys that aren't necessarily needed.
     
  4. duane black

    duane black Washington Well-Known Member

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    My original post assumed you were a Oregon resident.

    Here is some info from the WA AG office about your question, I would start here. Good ( free ) legal anlaysis. I personally would drop some cash on a attorney to do this for me but I'm sure if you educate yourself you can do it.

    Can you not get it vacated in the state the offense occurred ?

    http://www.atg.wa.gov/AGOOpinions/opinion.aspx?id=7960#.UU3RrByk9ts

    RCW 9.41.040 governs the conditions under which criminal offenders lose the right to possess firearms and the conditions under which these rights may be restored. As discussed in the analysis below, certain misdemeanants are not defined as “convicted” under the terms of RCW 9.41.040 and thus are not subject to the statute’s prohibition again firearm possession. Certain other offenders may petition a court for restoration of firearm possession rights as described in the same statute.

    If a person is convicted of a Class A felony, or one of the enumerated crimes listed in RCW 9.41.040(4), the only available statutory procedure for restoring such a person’s right to possess a firearm is pardon by the governor pursuant to RCW 9.96.010, coupled with a finding of rehabilitation or innocence.
     
  5. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    You go to the county court and get the packet (there are a bunch of things in it). You need a copy of the original conviction/court order, you need to fill out all the papers and then file them with the Whatcom Count Clerk (for Bellingham). You also a need a State patrol report that shows you have not had any problems since. The Clerk will set you a court date, and take your money ($200-$300 varies)...If they have to bring you in on a stretcher....DO NOT MISS that court date.

    I have links for some other counties. Spokane Co has a real nice packet that takes you through step by step. You do not need a lawyer, you just need to be very careful and it will work. As a matter of fact, here in WA it is almost impossible to get a lawyer to do this as so much is person...that is, you must appear in person and in person explain to the judge why you should have your civil rights restored.

    Whatcom County may have their packet online, search for RCW 9.41.047 instructions. Every county is a bit different, but essentially the same. Good Luck

    PS: I have not done this for myself, but I have for someone close to me...it does work,,,precision and accuracy is what you need.
     
    Rotty and (deleted member) like this.
  6. NoLeftTurns

    NoLeftTurns Bellingham New Member

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    Again much thanks. I was able to go down and get a packet of papers with instructions from the county clerk for three dollars. Then I went and made two copies of the packet at Fed-Ex for $1.78; government tax dollars at work. It seems pretty straight forward and the instructions help a lot. I will update as the situation progresses.
     
  7. duane black

    duane black Washington Well-Known Member

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    NoLeftTurns

    I would really like to hear how this all goes down for you when it's all said and done. I think it would be very helpful for people in your situation lurking on the forums. I have often wondered about this myself. I was very lucky to get caught for my indiscretions before I hit the magical 18 mark...
     
  8. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Super! You are well on your way. Remember to get everything else in line first before you pay for the WSP background check. It is time limited to how long it is valid, so you want everything else ready, get the WSP paperwork, then IMMEDIATELY file at the county clerk for a court date. You do not want that background check to expire before your hearing.
     
  9. Darkhades

    Darkhades Tacoma WA Member

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    I have a buddy that runs a non-profit org just for this type of thing. If you need more info PM me and I will hook you up. If anyone needs his help it is %100 free, he can help with anything you might have that stops you from getting your fire arm rights back.
     
  10. RailwayMan

    RailwayMan Oregon New Member

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    It's a very complicated process, having just gone through it.
    Being in Oregon I was able, 40 years after conviction and discharge from parole, to get the Oregon District Court to grant my firearms rights, giving them back to me in Oregon. Washington was a big problem as my sentence was 20 years max, and the laws don't provide for relief if your sentence was 20 years or greater.
    Four attempts over two decades cost me thousands of dollars and got no where. King Country just would not allow me to get my rights back, regardless.
    So I took a wild chance and applied directly to the Governor for a pardon. I was able to have some influential friends get a friend, a state senator, to sponsor my request.
    We made our presentation to the Clemency Board without a lawyer and they recommended to the Governor he grant the pardon.
    Now involved with the final pieces of this long LONG project to be "made whole" once again.
    This is the second time we have prevailed in a legal action without a lawyer.
    Ironically we, as ex-felons, can own cap-and-ball firearms ... which shoot just as good as cartridge arms.
    Now it's a matter of getting the last issue settled in King County, which I just know is going to take a lot of time and perhaps some more money.

    Glad I live in Oregon ...

    Have a friend living in Idaho, who is a two-time ex-felon and an ex-armed robber to boot. He goes shooting with his friend the Sheriff and buy whatever firearms he wants in the local gun store; they don't like the Feds in Idaho ....

    In Washington, if your conviction was for a sex crime or a crime of violence, forget it. You cannot get your firearms rights back, period.

    Like I said, in Washington it can be done ... but it ain't easy and can be very VERY expensive to do.
     
    rur862 and (deleted member) like this.
  11. eganx

    eganx Kingston WA Active Member

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    I have gone through this process myself a few years back in WA. I did hire a lawyer, and while may not be necessary, I would highly recommend it. You have to have you rights restored in the court that convicted you of the crime that removed them. For me it was Mason County. I hired a lawyer and went to court. He went up to the judge and DA before court started had a few words, signed a few papers and we were done. Filed the paper in the court house and whala I had my firearms rights and felony expunged. Make sure you get your felony expunged. You can have all the "rights" you want but with a felony on your record you wont be buying any guns from a store any time soon. All in all it cost me around $1200. One thing....in WA you must be off probation and out of all trouble for 5 years for a class C felony and 10 years for a 10 B felony. Good luck to you.
     
  12. RailwayMan

    RailwayMan Oregon New Member

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    I wasted thousands of dollars on three attorneys over two decades who didn't do squat for me in Washington.

    Main problem was/is the King County DA office; they HATE to see ex-cons get firearms rights restored and will do what they can to block it.

    We'll see how it works out now ... still involved in a long process.

    And it gets weird.

    Getting a state to restore your firearms rights doesn't mean much to the Feds.

    But you can end up in a situation where it's legal to buy and own in your own state, but still illegal by Federal law. And the Federal restoration process has been de-funded by Congress for ATF can't process any requests.

    It is certainly a screwed up mess.

    Just because a state gives it back to you, they can pass a new law tomorrow taking them away again.

     
  13. eganx

    eganx Kingston WA Active Member

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    You must have been convicted of something strange then. It was a no hassle, easy peasy process for me. I'm pretty sure they cannot "pass a law" taking them away, hence the expungment of my felony. The state process seemed to mean enough to the feds to allow me to have the rights back and pass a background check....

    Oh well....to each their own

     
  14. RailwayMan

    RailwayMan Oregon New Member

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    It was the horrible crime of selling one ounce or marijuana ... for which the sentence was 20 years .. and that was the problem. 20 year max or more and no rights restoration without a pardon.

    That's the law in Washington.

    Well that and the King County DA hates me on a personal level I guess if others get the break I didn't seem to be able to get ....

     
  15. eganx

    eganx Kingston WA Active Member

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    Must have been quite a while ago. Thats not the law in WA now or I wouldn't have gotten my rights back. If the law provides an avenue to have rights restored without a pardon its not a difficult process. If a pardon is required, then your are totally at the mercy of another person, who in King County, is more than likely a left wing nut job. Too bad that didn't happen in any other county in WA.....

     
  16. RailwayMan

    RailwayMan Oregon New Member

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    1965 ...

    That's still the law according to the King County DA ... JUST tried again this year and they again said "no .. the 20 year rule still applies".

    Yes, this "in-equal" application of "laws" by different people who feel they can interpret the law any way they want ignoring court rulings of the past.

    I'm spent a lot of money on three different attorneys trying again and again over the past twenty years.

    It just don't fly.

    If you have some secret connection, know a contact or angle, please let me know ... I'd love to get this rat off my back.

     
  17. eganx

    eganx Kingston WA Active Member

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    Unfortunately I have no tricks up my sleeve for your situation. I have a friend back in Louisiana, convicted of serious felonies 25 years ago, who got a pardon from the governor. In his case there was a lot of undeniable evidence of rehabilitation in form of long term community type service and other selfless societal contributions. I wish you luck in your quest for restoration. There is always the angle of marijuana is legal now.....and you were convicted of a marijuana crime, but I'm sure you have thought of that avenue.