WA State LAW, im stuck!!!

[biggie425]

Greetings everyone.


I have experienced some issues in obtaining my CWP or CPL here in Snohomish County near Seattle (king county) in Washington State.


I am a legal U.S. Citizen and own a passport
I have no felony convictions
I have no DV convictions
According to my Lawyer/ Attorney and state guidelines I am eligible to obtain/posses/ and own a Fire-arm.

I do have a Assault 4 conviction on my record from 3 years ago, I was ensured by judge, prosecutor, and attorney that my assault charge wont affect my rights when it comes to owning a firearm because it is non DV, and it is not a felony, instead a Gross Misdemeanor.


I went to the local courthouse where Snohomish County Sheriffs is located and submitted application for a CWP/CPL. About 20 days later I received a letter from the Sheriffs Department saying I was denied. So went in to find out why and this is what the lady in charge told me


The reason I was denied is because even tho I have not been charged with Domestic Violence, the incident occurred at a residence where it is considered a "DOMESTIC VIOLENCE".

Didn't make sense to me? So i contacted my attorney who no longer is in business, so I called a Gun Rights Attorney and spoke to him. He didnt understand it! After 25 years specializing in restoring gun-rights he said that he has never seen someone denied with a non Felony and Non DV Conviction.


So I went back with the court Docket showing step by step what happened in court and it clearly stated Assault 4 (NON-DV).


what should I do? I was thinking about going to another agency and filing for another CWP but thats another $65.

I was told by the Officers that I need to go file a form with the court to restore my gun rights but that cost 290 dollars and when i filed it I got back a response that I DO NOT QUALIFY because I dont have any charges that would deny me rights to a CWP.

Basically courts are saying I am ok, but the Sherrif's office says I am denied. :banghead:

If someone who has had a similar situation, or knows about this problem I have encountered, I would greatly appreciate a response .


happy new years everyone

 

[biggie425]

another thing is I was told by the Officer to either gift all my weapons to someone or turn them into the police department.

I do own a couple rifles mostly for safe target practice when I go to the local gun-range, and I have had to show the weapons to the authorities once before where they ran my license and the weapons serial numbers. (it was a roadblock and they searched all cars because someone was poaching animals , so I am sure they would have brought it up if something was wrong.

Also one of my rifles was bought through local newspaper, turned out the guy selling is actually a Sheriff, he agreed to sell me the rifle if I gave him permission to run my name through their system, all came back fine....

 

[Warhawk83]

You have nothing preventing you from legally owning a firearm,go to another agency. Do NOT get rid of your guns.

 

[biggie425]

You have nothing preventing you from legally owning a firearm,go to another agency. Do NOT get rid of your guns.

thanks for the quick reply, unfortunately wont be able to try again until next week, I will go to King County Instead and see what they come back with.

 

[Shadow 7D]

Talk to the attorney and have a copy of the court case, as, if you are denied and it's in the system, they will instantly deny you too, you should have an appeals process...

or hope the county doesn't rely on a state database.

 

[Deltaboy1984]

Get the court paper work and visit the Sheriff.

 

[biggie425]

I did, I showed him the court Docket certified and highlighted by office clerk. clearly states (NON-DV)!!! it also says that I dont need to surender weapons (AT TIME OF CONVICTION).... every person from the courthouse, friends, attorneys.... even a retired District Court Prosecutor (NEIGHBOR) said according to all available documents and info I am OK to own a firearm.

 

[Deltaboy1984]

Then Lawyer up and push ahead cause the Sheriff is WRONG and get a Judge to Order him to follow the Law.

 

[Shadow 7D]

and pay for your lawyer

 

[NavyLCDR]

What you need to do is file a motion with the court, under the heading of the same court case you already filed, for which will be no extra charge, for the court to issue a writ of mandamus ordering the sheriff to issue you a CPL. In addition, you are to be reimbursed your legal expenses:

RCW 9.41.0975:

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.0975

RCW 9.41.0975
Officials and agencies — Immunity, writ of mandamus.

(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;

(b) Directing a law enforcement agency to approve an application to purchase wrongfully denied;

(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application be corrected; or

(d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.

The application for the writ may be made in the county in which the application for a concealed pistol license or alien firearm license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.

RCW 9.41.070 prohibits you from going to another county and applying for a CPL.

If you have any legal experience at all, you could draft the motion yourself and file it pro se. It's much easier than it might look.

 

[biggie425]

thanks guys, this makes things a lot easier, spending all day at the court and Sheriffs Office I was able to get more advice here!

I will go in first thing on my day off next week.

Also thank you for making it clear about going into a different county, last thing I need is more problems on my end.

I will keep you guys posted on what happens.....


overall Iv spend 380 dollars on paperwork, proof, gas... thats not counting the multiple trips iv taken and in the end both the Sheriffs office and court cant give me a RCW law that applies to my situation.

Biggest thing tha attorneys want from me when consulting is "what RCW law are they reffering to?"

the Sheriff kept saying DV DV DV DV ... im sick of it... no real reason for denial, even the guy at the desk couldn't find out why I was denied.

in the meantime ill read up on how to file proper documents.


i just want to be treated fair. id say some would loose it by now. since February iv been stressing, sherriff tells me to surrender what i own now and if they catch me with guns Ill never own one again..... lol I feel like crap not being able to go enjoy shooting on my days off with friends, honestly that was my hobby and ways to feel secure in my own home.

But bottom line is ill see my rights sooner or later....

 

[NavyLCDR]

Read RCW 9.41.070 (actually, I would read the entire section of 9.41) in it's entirety.

You do know you can open carry in Washington without a CPL. You just can't have the gun concealed on your person at any time, and can't have the gun loaded in a vehicle without a CPL. That's in RCW 9.41.050.

 

[biggie425]

I do but being told by the sheriffs office not to posses/own/use any firearm until I re-establish my gun rights which I dont qualify for according to court because I am not a felon or charged with any crime that restricts me from using or owning a fire-arm...


so if I even hold a gun I am breaking the law according to Snohomish County Sheriffs office, I live in the county not city so Sheriff is my only option.

 

[NavyLCDR]

Well, the law says that the court has to give you an expedited hearing. Sounds like a lawyer should be able to straighten it out for you with a pretty simple motion that hopefully won't take forever AND should get your expenses repaid to you in a relatively short amount of time.

I've read a little about writ of mandamus today. It sounds like what will happen is the court will hold a hearing where the sheriff must appear and show cause why he denied your permit and you will appear to defend it, the court will decide if that cause is valid or not and then you will have a final ruling regarding your CPL status and weapons possession status.

Good luck, and come back here and let us know how it is going. We are a very curious bunch. Also, by telling us what you did and how it turned out, we can help others. If you want more support, tell your tale on the Washington section of the forums at www.opencarry.org. There are also more than one REAL lawyers on that forum who might be able to help too.