Wa state CWP/CPL denied!!! , told to surender guns!

B

biggie425

New member
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.

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


also I know according to guidelines and laws I am eligible, but how can they classify a assault 4 as a DV???? my backround check revieles ASSAULT 4! understand that I am not charged with DV, The officer in charge of approving applications claims its DV Because the assault happened at someones residence. I was innocent all along (got jumped by 3 guys and purely defended myself, but plead guilty because I needed to travel for my dads funeral overseas and didn't want to miss any court dates. :mad:
 
You might try appealing to the guy's supervisor, having a lawyer intercede on your behalf, or contacting your state Senator or Assemblyman's office. Good luck.
 
Stiofan said:
You might try appealing to the guy's supervisor, having a lawyer intercede on your behalf, or contacting your state Senator or Assemblyman's office. Good luck.
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spider said:
Contact the state atorney generals office
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I think our OP would probably have better luck just following the procedure contained in the Revised Code of Washington....

RCW 9.41.0975: Officials and agencies

(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.
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Amazing what you will find actually reading statutes, isn't it?
 
My advice, like many above, would be to contact and attorney and have him/her represent you. It will save you a lot of work and headaches dealing with all the State agencies in order to restore your right to own/carry a CW. Best of luck my friend. Also I would present your attorney or the Sno. County Sheriffs office with the RCW regulation. I have heard of folks with Assault 4 convictions being denied...but they were eventually allowed to obtain permit after lawyer intervention. Only trouble is lawyers cost big money, but it is worth it to have your right to carry cleared and allowed.
 
If you are looking for a good rights attorney check out the Padula Defense Group. (Link Removed) Lizanne and her group are experienced in these type of issues.

You can also check with Mark Knapp who practices in Federal Way.
 
I know you have talked to attorney's. Mark Knapp a firearms atty. may be able to help. Might as well give it a shot. He is helping a friend of mine in the same type of situation as you and he is getting it overturned. Mark Knapp <[email protected]>; I also recommend a good 2nd Amendment atty. Lizanne Padula <[email protected]>; Going with a 2nd Amendment atty. could be valuable. Let them know you talked to Mike Cheney I know more numbers to call and deal with. This form of control has to stop. "This Right Shall Not Be Infringed"
 
No this has not. Has been almost a year with little cooperation from all sides. OPA closed and opened it several times. Finally said i refused mediation. Out right lie. Talked to 2nd Amendment Atty. no help. Very little support from some 2A groups yet their own gets nailed and they jump to his rescue. Was stopped in Aug. 2011 same jerks and this time with SWAT. Bordering on the ridiculous if you ask me.
 
Once you have been labeled as a felon, criminal, drug addict, alcoholic, mentally ill, communist, terrorist, gang member, domestic abuser, whatever; your 2nd amendment rights are gone. That domestic violence charge alone has stripped a lot of otherwise law abiding American citizens of their 2nd amendment rights.
For the USA being a Free country our criminal justice system has more of our citizens behind bars that any other country on the planet. It's a police state out there! Be Careful!
 
Not exactly, TooCalm

The CHARGE of a crime is meaningless when it comes to denial of a CPL. it's the CONVICTION that counts.. and ONLY the conviction.

The facts of this case are questionable.. I'd like to know the whole story. On it's face, a CPL shouldn't have been denied, so there are some missing facts somewhere in the mix.

and.. by the way. I am the issuer of CPLs for a major metropolitan Police Department in the Seattle region. I have seen mountains of applicants and have denied plenty... 10 seconds with his III and I'd be able to tell you...
 
Alex220 said:
Not exactly, TooCalm

I am the issuer of CPLs for a major metropolitan Police Department in the Seattle region. I have seen mountains of applicants and have denied plenty... 10 seconds with his III and I'd be able to tell you...
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Would you give someone a CPL that got in trouble as a Juvenile but no felonies. And only adult crime was an Assault charge = Gross misdemeanor at the age of 22. And a speeding ticket and a reckless driving charge 3 yrs ago? So only traffic violation and an gross misdemeanor in 25 years no felonies? I mean to say 25 yrs since the assault. I'm 46 now. How far back do you look on the record? The Assault charge wasn't to bad had to do community service. Young and dumb will haunt you. TIA
 
ironmike86

If the Assault was just a Gross Misdemeanor conviction and you've had no other felony convictions, then there should be no deal-breakers for a CPL. *UNLESS* the Assault was DV related.. ANY DV conviction WILL be a disqualifier for a CPL.

WA State law changed in July.. boiled down, anything that would be a FEDERAL prohibitor for firearm POSSESSION.. will now be a disqualifier for a WA State CPL Link Removed

The Reckless is a Gross Misdemeanor, but wouldn't be any issue either.

We look all the way back into Juvenile records for CPLs. For instance, a Juvenile Felony conviction WILL be a deal-breaker for a CPL.

So as long as your Assault wasn't DV related, you should be fine for a CPL in WA State.
 
Thanks Alex220

No felony's No domestic violence. Just some dumb stuff 23yrs ago.Just 2 traffic tickets the reckless and speeding. I was just wondering because the application said nothing prior to 1993. So I was wondering if that would haunt me. But never in trouble now. Probably the best thing for me was getting into trouble young and then straightening out before I took the wrong path. One week in juv for shoplifting. I was just wondering if I wasted my app fee? I was just worried about the Reckless. Thanks
 
No not really they said they would call me. @2 weeks so far. Not in Seattle I figure you are from there or the Eastside.They said the would call me and I had to get it to sign for it. I thought they delivered in the mail??
City of Pacific
 
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