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Just had my first turn-down for a class (Prohibited Person) what to advise?

Discussion in 'Legal & Political Archive' started by Misterbill, Sep 6, 2013.

  1. Misterbill

    Misterbill Yakima County, Washington New Member

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    I just had my very first student that I had to turn down due to a prior felony conviction. I felt awful for the guy, who is a stand-up GG, but who also had a felony possession conviction for Heroin in 1986.

    Absent concerns over furnishing weapons to a convicted felon, I would have taught this guy and sold him guns in a hot minute. He's a solid Good Guy.

    But his conviction stands.

    I've ZERO experience in getting someone's rights restored in WA state. What does it take? -Experienced only please reply. Yes, I already told him to talk to a lawyer, but I understand it's doable without one.
     
    oknow and (deleted member) like this.
  2. Redcap

    Redcap Lewis County, WA Well-Known Member

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    And this is why after a person has done their time they should have their rights fully restored automatically.
     
    orygun, slimer13, titsonritz and 25 others like this.
  3. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Call the county clerk to see what has to be done to get the record expunged.
    I think there is some paperwork and monies/fees involved.
    It's never 100%/a given.. elapsed time and degree of the crime is involved.
    good luck
     
  4. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Mister Bill, I do hope that this guy can be absolved and can get on with his life.

    So Redcap, you actually think that a guy with 2 strikes involving violent crime with guns should get all his rights fully restored? So if it was your way & the guy went & got his 3rd strike then who would be to blame? Career criminals should be treated as such and never have the privilege to have those right restored!!!!
    Maybe, just maybe then, on a case by case basis but who will want it on their heads that they gave in & then said criminal reverts back to being a criminal? Not me!!!
     
  5. Solomon

    Solomon Vancouver Active Member

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    If someone is too dangerous to have firearms rights, why allow them back into society at all? It's not like firearms, knives or other deadly weapons are hard to obtain.
     
  6. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Exactly.
     
  7. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Ask those who advoate for the rights for criminals. Ask those who advocate for the rights of death row inmates. ...
     
  8. Solomon

    Solomon Vancouver Active Member

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    Way not to answer the question and then imply something that I didn't say at all. You'd make a great politician.
     
  9. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Ask them what?
     
  10. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    This is pre measure 11 so he should be good to go on expungement if it is an Oregon conviction. Otherwise it will depend on whether the state where he was convicted allows it.

    I had to go through the process for an ERROR on my record, what a pain. Better to get this crap taken care of while he can.
     
  11. BAMCIS

    BAMCIS Eugene Well-Known Member

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    Believe it or not, yout state's Attouney General can be a big help.
     
  12. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    IF you have a state AG who's worth a Siberian yak turd... "Dumber Than Bob" Ferguson here in WA, where the OP and I live, is sadly not one of those.
     
  13. U201491

    U201491 Well-Known Member

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    Can't comment unless fire supression installed :-/
     
  14. BAMCIS

    BAMCIS Eugene Well-Known Member

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    I should have said state's Attorney General's office. I'm sure one could find a deputy AG who is sympathetic to this issue.
     
  15. LoneStar

    LoneStar WA Active Member

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    I agree 100%.
     
  16. clambo

    clambo Vancouver, Wa. Well-Known Member

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    Actually, their gun rights are restored 15 yrs after completion of sentence. Sort of anyway. Seems the state says ok and the federal situation doesn't change. Oregon expungement is easy and relatively cheap. Instructions are easily found online.
     
  17. eganx

    eganx Kingston WA Active Member

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    I had mine restored after a class C drug felony. In my case, I had been sober and out of trouble for 7 years. I believe in WA you must have had no convictions or not have been on probation/parole for 5 years to be eligible.

    All I did was hire a lawyer and it was done in 6 weeks. I know it is possible without a lawyer, but its a royal PITA trying to figure out what you need to do......the county wasn't much help without the lawyer.
     
  18. unklekippy

    unklekippy In The Mountains Near Sprague River Well-Known Member

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    I have a friend that did 6 months for cocaine in 1989. I didn't meet him until 1998 and if he wouldn't have told me about it, I'd never have known. Family man, homeowner, good guy. He is a WA resident and when he first looked into it in 2010, it seemed that a lawyer was necessary, simply for the sheer amount of BS and paperwork to be done. The fact that he had no record at all since '89(when he was 19, by the way) made it cut and dry and he is able to pass BGC's now. If I remember correctly, it cost him around $1,200. I am not speaking from personal experience, but this friend and I worked together and talked about it regularly while he was dealing with it.

    I think it's important to add that The Constitution is there to protect the individual from laws that condemn liberty for "the sake of the children". I don't care how many reasons you have to not want a ex-con possessing firearms. In our system, to trample his/her rights is no different than trampling my own or yours. There are very clear instructions concerning the possession of personal arms. It reads "Shall Not Be Infringed", not "Shall Not Be Infringed Unless Called A Felon By An Illegal Set Of Laws". I also can't find the part that allows criminalization of opiates not shoved down our throats by Big Pharm. It's all a big scam and it seriously flies in the face of liberty.

    Once that debt is paid, it's over. If the individual can't be trusted to protect him/herself, then death is the only sentence. And if death isn't called for, then we're right back to simply allowing American's their inalienable rights. It's very simple and more importantly, very clear in the rules of our country, no matter what our "leaders" that want us all in chains tell you.
     
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  19. clambo

    clambo Vancouver, Wa. Well-Known Member

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    People with a criminal history, especially those with drug and alcohol related crimes do not. The reason they generally do not is simple but generally unknown or misunderstood. The reason most peole go right back to drugs, drinking,and crime is the one that no one wants to talk about. Not the court, not AA, not church, not parole/ probation, no one but the criminal and no one cares what he knows. The reason is that after being convicted of a crime in our country your future is over. All their hopes and dreams have been permanently cancelled, regardless of what they did. Forget about guns,shooting or hunting. Forget about a good job or buying a home or even renting one. Forget about traveling or picking a first class mate. Get used to second class citizenship. Get used to no one ever truly believing you ever again. That is why they generally go back to their old ways. Why not? At least it helps keep the pain of living that way somewhat under control. Deep down they know that but no one else cares. Especially not the government. Follow the money. Too many hands in that cookie jar. In fact the more people they can keep in the system the better it is for them. To set things straight I am not excusing them nor am I soft on crime. A lot of people are indeed truly dangerous and/ or mentally ill. I can't see rearming them. I don't have the answers. I'm not even sure this issue can be fixed as it is so large and complex. I'm just saying it's wrong to ruin someone's life after they have paid their dues. Many have and those are the ones I am speaking of. As an attorney friend has often said to me, " Prosecution of criminals is not the problem, overprosecution is a huge problem. "
     
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  20. drew

    drew OR Well-Known Member

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    It really is just another way of casting a lot of people for life. It's also easy to fall back into a lifestyle because its familiar.

    I've known felons who are reformed and people that shouldn't have a firearm but can legally own one. I'd personally rather see the convicted felon with a gun. I figure if someone wants a gun to use for crimes, they'll find it. Punish people harshly for using guns to commit a crime but also realize some people change over time.
     
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