Getting My Gun Rights Restored

[nryche]

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 ***? 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 class c 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.

Thanks for the help...

 

[NavyLCDR]

It would probably be best to have a lawyer working for you, but I don't see why you could not file the petition yourself:

RCW 9.41.040
Unlawful possession of firearms — Ownership, possession by certain persons — Restoration of right to possess — Penalties.

(4)(a) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

(i) Under RCW 9.41.047; and/or

(ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or

(B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.

(b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at:

(i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or

(ii) The superior court in the county in which the petitioner resides.

 

[mljdeckard]

You know how much a lawyer costs? More than a little, and less than too much.

And don't count on the record being sealed on preventing them from finding it in your background check/colo-rectal exam you will get for a security clearance.

 

[nryche]

It seems strait forward (technically). The Motion and Certified documents along with serving by hand delivery or mail to the persecutors office in my county. Which is the county the original act took place. Looking at someones case helps to not miss the details. Having the juvenile records sealed is no big deal. Still don't give me back my rights.

Still makes me mad

 

[bikemutt]

I can't say for sure this is what happened in your case but WA was in the habit of reclassifying criminal convictions in accordance with changes in the law, regardless of when the crime occurred.

For example, if a person was convicted of a Class C felony on 1995, then the law was changed making a conviction for that exact same crime in 2000 a Class B felony, the person's record was changed from being convicted of a Class C felony to Class B.

Well, that all changed with Rivard v. State, No. 82431-2, the WA Supreme Court ruled "a legislative reclassification of a crime cannot apply retroactively for purposes of prohibiting a person from possessing a firearm."

http://www.wasupremecourtblog.com/tags/rivard-v-state/

I doubt the State went about correcting the wrongs all on their own, unless someone complains about their erroneous record, with respect to the seriousness of the crime, it may very well still be incorrect. And more importantly, it may be a factor with respect to firearms possession as well as restoration of right to possess firearms.

What I don't know is if a non-prohibitive crime could have been reclassified as a prohibitive crime, but I don't see why it couldn't. I imagine in WA that situation would involve a gross misdemeanor being reclassified as a felony.

Either you or your lawyer needs to take a look at the statutes under which you were charged and convicted to see whether the state changed the game on you, or you need to petition a Superior Court to have your right to possess firearms restored.

Good luck!

 

[rajb123]

where is the new gun now? where are any other guns you may own now?

 

[dprice3844444]

being that it was juvenile,and n ot tried as an adult,it should not show up.

 

[bikemutt]

If you decide you need to utilize legal council: http://www.washrecord.com/

 

[nryche]

My buddy came and picked up my guns today. Still leaves me what to do about the new one. I'll have that answer tomorrow when I call the shop.

bikemutt thanks for the info. I'm going down tomorrow to pull the original case file. I did find under RCW 9A.56.075 a revision

Rules of court: RLD 1.1(h).

Intent -- 2003 c 53: "The legislature intends by this act to reorganize criminal provisions throughout the Revised Code of Washington to clarify and simplify the identification and referencing of crimes. It is not intended that this act effectuate any substantive change to any criminal provision in the Revised Code of Washington." [2003 c 53 § 1.]


Effective date -- 2003 c 53: "This act takes effect July 1, 2004." [2003 c 53 § 423.]

Might explain why I could get a gun before and had a Real Estate License in 2003-2005.

 

[nryche]

And its not that I don't want to use a lawyer. Its more like I will be a while before I could afford one. I saved a LONG time to save the $400 I spent on the new gun..

 

[Riceman98]

I just went through sealing my Juveenile felony records and restoring my firearm rights in Washington about 4 months ago. What county did your felony occur in? I did the sealing of records myself but hired an lawyer for the restoration of firearm rights. My lawyer charged me $550. $250 of that is a filing fee. I live in Idaho now so it would have cost me a least $300 to travel to washington for court. I can give you the name of My lawyer if you want.

In washington to seal your records you have to petition the same court you where found guilty in.

Here is a great site for help on sealing your records.
http://www.sealyourjuvenilerecord.org/index.html If you live in King county they have clinics to help you with law students there.

Let me know if you have any question.

 

[bikemutt]

You can petition any court to have your firearm rights restored.

That may be the case but the law was changed last year. Now, either the court where the conviction occurred OR the court where the petitioner resides MUST hear the petition.

In any event, I don't think ANY court has to hear the petition, but at least two of them MUST.

 

[Riceman98]

That may be the case but the law was changed last year. Now, either the court where the conviction occurred OR the court where the petitioner resides MUST hear the petition.

In any event, I don't think ANY court has to hear the petition, but at least two of them MUST.

This is correct. Sorry for the misinformation.

 

[nryche]

As I found today, by filling under my original case in the juvenile court system in Snohomish County I don't have to pay a filling fee. I also don't have to wait 60 day, like you do in civil court for Snohomish county, the Juvenile system only requires 6 working days but cases are only heard on Wednesdays at 1pm. I spent most of the day at the juvenile records office looking over files and at the law library studying. Looking at both the law and the required docs it should all be done by the 18th Then I'll be moving on to sealing the records. Rights first, seal second.

Thanks everyone for the ideas sofar..

 

[Riceman98]

To seal the records it is free. I did have to pay a filing fee for the restoration of firearm rights. I did it in the same order as you. I was giving a new case number for firearms but used the same for sealing the records. I would make sure you don't have to pay a filing fee. Firearm restoration is the same for an adult conviction or a juvenile conviction.

 

[nryche]

States right in the forms packet for the juvenile court that I don't have to pay a filing fee and that I am to use my original case #. The Clerk also confirmed that. She said they do a lot of these.