Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Having your gun rights restored

Discussion in 'Legal & Political Archive' started by nryche, Apr 1, 2012.

  1. nryche

    nryche Everett New Member

    Messages:
    4
    Likes Received:
    1
    I have been a reader for a long time but this is my first time posting.

    Here is my problem. I have been a gun owner for many years and recently tired to get my CPL here in Washington at about the same time I purchased my first new firearm. At the 5 day mark my background has not come back so the gun shop released the weapon to me. When I get home I find a Denial letter from the sheriff's office saying I have a felony conviction on my record. I was like WTF? I don't have a felony?! after I calmed down I jumped online and pulled my background from Watch. Apparently my taking a vehicle without permission when I was 16 IS a felony even though we were told at the time it was not..

    Now I have worked several sensitive jobs that require background checks and seen the results of those checks. I have never seen this on one. I know I can seal my juvenile record, but that does not reinstate my gun rights I have to file a motion to have my gun rights restored.

    My question is has anyone here had there rights restored? If so when? I can't afford a lawyer right now. Just trying to see if doing this myself is feasible. I have successful represented myself in family law matters many time and have custody of 2 of my kids because of it.

    The other part is.. this happened on Saturday and now have to figure out what to do with my guns Including the one I just got.
     
  2. MountainBear

    MountainBear Sweet Home, OR Well-Known Member

    Messages:
    3,646
    Likes Received:
    2,371
    Lawyer up. No one here (unless someone is a lawyer) is qualified to give you legal advice. I would, however, have a trusted friend or relative babysit your guns for you until things are cleaned up.
     
  3. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

    Messages:
    3,792
    Likes Received:
    597
    +1
     
  4. nryche

    nryche Everett New Member

    Messages:
    4
    Likes Received:
    1
    Was not really looking for legal advise and much as experience of what happened or pitfalls someone ran into. By reading the law, looking over case files and hearing what has happened makes me see that the process is not that hard. Saying Lawyer up is easy but doing it is another. The cost of filing fees, certified documents and letters will be high enough. I guess I could sell off the guns I had to try to pay for it.. Oh thats right I CAN'T sell them now. I have to give them away.
     
  5. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    Why can't you sell them ? Have somebody who is not prohibited take possession of your firearms, and take them to an FFL for consignment, or take them to a pawn shop. And technically private sale is possible as well.
     
  6. cantfixstupid

    cantfixstupid seattle New Member

    Messages:
    1
    Likes Received:
    0
    I ran into the same problem you have - a felony when I was a juvenile, when trying to renew my expired CPL a couple years ago. As long as the felony on your record is not for something like assult or domestic violence, you most likely can have your gun rights restored. You can do it yourself, but it looked like it would be a pita plus I didn't want to make a mistake along the way then get denied. I found an Attorney in Eastern WA that does lots of these, the cost was $1300 and took about two months to get my rights restored (the court mails you a letter). Let me know if you want the Attorney info, good luck!
     
  7. hermannr

    hermannr Okanogan Highlands Well-Known Member

    Messages:
    1,830
    Likes Received:
    871
    You really do not need a lawyer in WA to fix your situation. If you will look in RCW 9.41.047 you will see (most of) what needs to be done. Go to the Everett Court House and ask for a packet on how to restore you civil rights. (or you can find the whole thing online in the Spokane County Superior Court forms section. You will still need to get Snohomish Co specific paperwork though. The Spokane Co stuff has instructions on what need to be done, as well as the forms and it can give you the road map)

    What you have to do is to request a current WSP convictions record, your original sentencing paperwork (from the county clerk where it happened) and you need to show you have been a good boy since. Take your filled out paperwork to the county DA in the county you live in now (or the one where it happened, but only those two counties) and give him a copy...it is good to find out if he is going to fight it or not....If he is planning on fighting the request, THEN you need a lawyer. Normally, if you have kept out of trouble since, they will not fight it and you do not need a Lawyer. File your paperwork and pay your fees with the Superior court and SET a Court date!. Make sure you show up. If the DA is not going to contest, he will not even show...and the judge will grant your request....county clerk files within 72 hours, and you are now clear to go.

    It is a good idea to go to the Spokane county Superior web site and download their packet (it is under forms) so you have an idea where to start...OK Get the whole packet (4 PDF files) "petition for dismissal or vacation of record of conviction" Link is here: Criminal Court Forms

    Oh yes, download the "restoration of gun rights" packet too (same link)...I see they have split those two out...they used to be together as one download... Read them carefully.... BTW: I have not done this for myself, but I did help someone close to me through the process after no lawyer would help her.
     
    fd15k and (deleted member) like this.
  8. DEADTIME

    DEADTIME Coeur D alene Active Member

    Messages:
    246
    Likes Received:
    151
    That's really odd, I had a minor crime on my record and when I turned 18 they removed it so I could join the military. I was under the impression that at 18 non violent crimes were scrubbed for everyone.