CCP vs. Assult 4

[blkman45]

I just pulled my Wa St Criminal Record,I live in Tacoma Wa.I have a gross misdemeanor, assult 4 charge from 1995.After reading most of the post here,do i need a lawyer? can i just walts in to peirce co. police and get finger printed?

 

[agrippakc]

Always consult a lawyer first... this isn't something you want to risk.

 

[RJ_Whitlock]

In my state any type of assault charge will deny you from a CCW. Good luck on your venture, not to be an ass as I don't know which state you live in, but in my opinion you probably won't be able to carry.

 

[Seeya]

Is it a conviction?

 

[SGB]

Assault in the 4th degree, maximum penalty is up to one year in the county jail and/or a $5000 fine plus costs and assessments.

These are usually treated by the Courts the same as a felony.

 

[NavyLCDR]

Just curious, what does WA State Law (RCW-Revised Code of Washington) say is prohibiting for a CPL?

It also depends on if the Assault conviction was for assault against a family member or not.

RCW 9.41.040:
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.040

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

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

In Washington it is a CPL, not a CCP.

 

[blkman45]

CCP vs Assult 4

To answer your question is is listed as an Gross Misdermenor, RCW-9A.36.041. If i rememeber correctly i was in jail over nite.Looking at my RCW 10.97.050, I Had plead guilty.No felonies,No misdermeanors,No Mental issues,NO CHILD OFFENER.And yes in Wa St.its known as a CPL.I,ve also pulled up a Public Records Request form from that court,and i,ll be asking for a court order granting relief,trying to save some money.....Before i lawyer up.

 

[NavyLCDR]

Assault 4 by itself does not disqualify you from the CPL. It is only disqualifying if it is listed as domestic violence. If it is listed as domestic violence, good luck getting your rights restored.

 

[RightsorPrivileges]

Even if it is listed as domestic violence and you get your firearms rights restored in Washington, if it also meets the Federal definition of DV then you're still not eligible for a CPL. The Washington definition is here RCW 26.50.010: Definitions.
Federal definition explained here Domestic Violence & The Lautenberg Amendment (Gun Rights) :: Free Criminal Record Clearing and Expungement Information

Even just owning/posessing a firearms after only getting your state rights restored is risky since you could possibly be charged in Federal court. It is also interesting to note that while it is possible to have rights restored in Washinton after a misdemeanor of DV, this is not currently the case at the Federal level. If it were a felony then there is a way to get your Federal rights restored, makes perfect sense right?

 

[NCIC105]

Just a trolling along singing a song, post by post!

 

[JohnLM]

Contact the lawyer. You will get answers from him or her then you will here!!!

 

[blkman45]

CCP vs Assult4

I just spoke with Mark Knapp and he told me alot, but what really blows my mind is the fact that this can and is a Fed package.I could open carry but who wants the fed on there ass beacause of a scared citizen. I live in Perice county and if anyone could help in this maddening venture! Please let me know I called the court where the charge is at....Nope. I,m waiting for the Shriefs dept to call me back.I was never denided my right to vote.So what is the problem.

 

[RightsorPrivileges]

Are you saying your state rights were never taken away? If it is a current charge that hasn't gone to court then there's no way you're going to get a CPL until it's cleared up. You can check your record here for a couple bucks Link Removed

 

[NavyLCDR]

I just spoke with Mark Knapp and he told me alot, but what really blows my mind is the fact that this can and is a Fed package.I could open carry but who wants the fed on there ass beacause of a scared citizen. I live in Perice county and if anyone could help in this maddening venture! Please let me know I called the court where the charge is at....Nope. I,m waiting for the Shriefs dept to call me back.I was never denided my right to vote.So what is the problem.

If the assault charge prevents you from obtaining a CPL, then in Washington state it is Class C felony for you to "owns, has in his or her possession, or has in his or her control any firearm"! That INCLUDES open carry and also includes handguns, rifles, shotguns, muzzleloaders, and cap and ball revolvers.

It depends entirely upon whether or not your Assault 4 conviction was classified as domestic (against a family member) or not.

BTW....if you are prohibited at the Federal level, the Federal law will prohibit you from POSSESSING a firearm (which is a felony at the Federal level), not just carrying it concealed. There are no Federal prohibitions against merely concealing a firearm.