KCSO CPL Renewal Denial

[Cheetoh734]

Hey guys, I am a long time member of Guns & Ammo forums and have been talking about this over there since last August. I was denied my CPL renewal by KCSO even though I have no prohibiting offenses. They "attached a descriptor" to a misdemeanor assault charge from over 10 years ago (literally the ONLY thing on my record BTW.) I am sure this has been covered here before but I am looking for some good local advice on who (lawyers) I should talk to. I gave Rainier Law Group a $500 retainer and they had me collect all the docs and then they made a phone call to Patty Shelady over at KCSO and somehow that was $500...I am planning on using my Tax refund to get this fixed so help me out if you can. Just to be clear, I have never been declined a single firearms purchase, I had a CPL for 5 years before I (stupidly) let it expire by 3 days past the limit, and I have checked with the court the initial charge was from, the WSP records division, the FBI NICS program, the WA Attorney General's office, the WSDOL firearms division, and even the Capt. overseeing the KCSO records division and they all say this shouldn't be happening, and that my firearms rights have never been revoked, but it still is happening. Thanks guys.

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[duane black]

Hey guys, I am a long time member of Guns & Ammo forums and have been talking about this over there since last August. I was denied my CPL renewal by KCSO even though I have no prohibiting offenses. They "attached a descriptor" to a misdemeanor assault charge from over 10 years ago (literally the ONLY thing on my record BTW.) I am sure this has been covered here before but I am looking for some good local advice on who (lawyers) I should talk to. I gave Rainier Law Group a $500 retainer and they had me collect all the docs and then they made a phone call to Patty Shelady over at KCSO and somehow that was $500...I am planning on using my Tax refund to get this fixed so help me out if you can. Just to be clear, I have never been declined a single firearms purchase, I had a CPL for 5 years before I (stupidly) let it expire by 3 days past the limit, and I have checked with the court the initial charge was from, the WSP records division, the FBI NICS program, the WA Attorney General's office, the WSDOL firearms division, and even the Capt. overseeing the KCSO records division and they all say this shouldn't be happening, and that my firearms rights have never been revoked, but it still is happening. Thanks guys.

Wow, sorry to hear about the trouble. The sheriffs dept said this shouldn't be happening ? What's attached a descriptor ?

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[rocky3]

Wow, sorry to hear about the trouble. The sheriffs dept said this shouldn't be happening ? What's attached a descriptor ?

Definition of DESCRIPTOR


: something (as a word or characteristic feature) that serves to describe or identify; especially: a word or phrase (as an index term) used to identify an item (as a subject or document) in an information retrieval system

 

[duane black]

Wow, sorry to hear about the trouble. The sheriffs dept said this shouldn't be happening ? What's attached a descriptor ?

Definition of DESCRIPTOR


: something (as a word or characteristic feature) that serves to describe or identify; especially: a word or phrase (as an index term) used to identify an item (as a subject or document) in an information retrieval system

I understand.

I guess I have never heard the word in the context of a criminal charge. Is this something that appears and shows up on a background check ?

Assault in the third degree ; Mr. Doe beat the crap out of Mr. Smith when Mr. Smith spilled Mr Does beer.

OP thought it important enough to mention, just curious. Im not sure how they can deny you if you are NOT a prohibited person. It should be that simple.

 

[Cheetoh734]

What has happened is that I am being denied on a misdemeanor non-dv assault charge from more than 10 years ago. I found out that there are at least 10 non-prohibitive crimes that a license issuing authority (both KCSO and Snohomish Co. are currently doing this) can attach a "descriptor" to, essentially making a non-DV assault charge a DV assault charge by going back (in my case) and pulling the original police report and seeing that the fight happened at an ex-gfs house. Then they deny by calling it assault "involving dv." I am surprised you guys haven't heard of this, most of the local firearms lawyers are well aware of this, and I have seen a thread or 2 on concealedcarry forums. Its been happening for the last 3-4 years and the KCSO has a full time lawyer kept on staff in the records division (Patty Shelady) to try and find these loopholes to deny CPLs, and what makes it better is because of our pre-emption law, and the fact that we are a "shall issue" state, they(KCSO) can then use it backwards to send you a letter saying you don't have any firearms rights in the state of wa even though those rights (as in my case) have never been revoked or removed by a judge and the KCSO has no jurisdiction to do so anyway. Its pretty nuts. So what I was asking is if anyone else on this forum has had experience with this and, if so, who they found was the best lawyer to deal with it. Thanks in advance.

 

[duane black]

What has happened is that I am being denied on a misdemeanor non-dv assault charge from more than 10 years ago. I found out that there are at least 10 non-prohibitive crimes that a license issuing authority (both KCSO and Snohomish Co. are currently doing this) can attach a "descriptor" to, essentially making a non-DV assault charge a DV assault charge by going back (in my case) and pulling the original police report and seeing that the fight happened at an ex-gfs house. Then they deny by calling it assault "involving dv." I am surprised you guys haven't heard of this, most of the local firearms lawyers are well aware of this, and I have seen a thread or 2 on concealedcarry forums. Its been happening for the last 3-4 years and the KCSO has a full time lawyer kept on staff in the records division (Patty Shelady) to try and find these loopholes to deny CPLs, and what makes it better is because of our pre-emption law, and the fact that we are a "shall issue" state, they(KCSO) can then use it backwards to send you a letter saying you don't have any firearms rights in the state of wa even though those rights (as in my case) have never been revoked or removed by a judge and the KCSO has no jurisdiction to do so anyway. Its pretty nuts. So what I was asking is if anyone else on this forum has had experience with this and, if so, who they found was the best lawyer to deal with it. Thanks in advance.

Thank you for the clarification. I presume it can't be expunged ? I do not have experience with this and have never heard of such a practice. Keep in mind, Im a new WA resident ( < 6 months ).

This is a messed up situation to be sure. They are essentially making you a prohibited person by pulling the police report and saying it's DV related when you were not convicted of a DV related crime ?!

Sounds like it could be challenged by a higher authority, successfully.

 

[hermannr]

May I suggest you get ahold of R. Apgood, Esq...he actually is a RCW 9.41 atturney.

Go over to www.opencarry.org...go to the forums and PM user rapgood. If you look at his user profile or just go here: Welcome to the home page of CarpeLaw PLLC - Authoritative Legal Representation for the First Amendment, Second Amendment, CAN-SPAM and General Business needs.