ironmike86
New member
How do you do that? I've only been waiting 2 weeks maybe to early. They have 30 days but they said it would take about 2 weeks??
Wa state CWP/CPL denied!!! , told to surender guns!
- Thread starter biggie425
- Start date
How do you do that? I've only been waiting 2 weeks maybe to early. They have 30 days but they said it would take about 2 weeks??
ironmike86
New member
Small town Pacific. I guess they have 2 more weeks to let me know. They said it would only take 2 weeks. But with Labor day ect..
ironmike86
New member
Yup but you can contest it I believe??? Dunno I'm still in my waiting month. No felonies or Domestic violence or crazy. I meet all those. 
Alex220
New member
Wait, what?
Approval is at the discretion of a licensing official
are you joking?
no.. that's not how it works by a long, long shot.
If you knew how many CPLs I just had to grit my teeth and sign off on, even though the applicant was clearly a dirtbag, you'd just shake your head at the CPL system we have in WA State.
Believe me.. there have been PLENTY of applications that have come across my desk in the years I've been doing this that I'd just rather toss in the bin and forget about.
Their III a thick novel of their lifetime of scumbag behavior, and half decent lawyers that get what would normally be disqualifying convictions amended down to petty B.S. Misdemeanors or dismissed altogether, but still qualify, under RCW for a CPL.
also, ironmike86, two weeks is pretty much a normal turnaround depending on the number of applications the department is dealing with at any given time. As your background (as you've mentioned), is uneventful as it pertains do CPL disqualifiers, it shouldn't take too much longer for yours to be complete.
BC1
,
No I'm not joking. I'm in the permit business in nearly every state and have seen numerous denials in "shall issue" states. If you've been convicted of a dangerous crime, if you're a repeat offender or mentally disturbed, you're not getting a permit in any shall issue state. Period. We have an attorney on staff to work with problem applicants and even he has not been able to get these approved. If you check your state law you'll probably find an exclusion for mentally ill or dangerous people exists. Convicted felons must obtain a certificate of relief, which is not always granted, especially where the felony was a person-on-person crime such as rape, sexual assault, assault, homicide, etc. Persons adjudicated mentally ill are not getting a permit.
Check your state law on this:
SHB 1923: Firearms — Possession — Concealed pistols
Requires the denial of a concealed pistol license application when the applicant is ineligible to possess a firearm under federal law (reenacts and amends RCW 9.41.070). The applicant’s constitutional right to bear arms shall not be denied, unless he or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or RCW 9.41.045, or is prohibited from possessing a firearm under federal law. The full context of this bill in Washington can be found here --> Link Removed
Also check your state statutes on ineligibility --> http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040
(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.
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);
No judge is required to issue a certificate of relief regarding any crime. Such must be earned. Thus one can be denied in any state that issues a permit.
You don't understand what the term "shall issue" means in regards to CCW permits. The term "shall issue" means that the issuing authority must approve the application if the applicant meets the requirements in state law for the license/permit and meets the requirements of state and Federal law for possession of a firearm.
The restrictions that you speak of that prevent a person from being issued a CCW permit/license also happen to be Federal prohibitions on the possession of a firearm to begin with.
You are correct, there is no state in the union where "shall issue" means that they issue a permit/license to everyone that applies.
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.
I finally got denied. 3 years after I applied. It was Not within the 90 days and there were no charges, no trial, just the mental health director Dr. Gordon Cappelletty of FamilyNet using what I told a therapist in private 15 years earlier. He accused me of possibility having a substance abuse problem. It did not matter that my criminal record was and is clean. I was Stigmatized as being mentally ill. In Catawba county NC you do not have to go to court to be adjudicated as mentally unfit, the mental health director makes that decision.
ironmike86
New member
So pretty much if you qualify to purchase a pistol in Wa. You pretty much can get a Cpl?? But what does "Their III" Mean? I keep hearing/reading that?? Small town One secretary who does all the work. Pretty much laid back so.... Maybe I need to call them but they said they would call me?? I thought it came in the mail? I will wait till my 30days is up. But they are suppose to notify you if denied also??
Alex220
New member
The III is the NCIC Interstate Identification Index, or one's national RAP sheet. It's one of the tools we use when doing background investigations for CPLs. The disqualifiers for a State CPL and State and Federal firearm possession are pretty much the same, so if one can have a pistol transferred, they should be able to get their CPL. Keep in mind that the NICS check that is done at the time of purchase at the store isn't really all that deep. The background done at the local agency is FAR more thorough.. from mental health background checks, to digging into court dispositions that might not have made it on to one's III (due to fingerprinting or other issues) to local history checks that might reveal disqualifiers that NICS wouldn't have any way of knowing about.
Some agencies wait the full 30 days as a policy JUST IN CASE something bounces back from say a mental health clinic check or what have you, so just because a CPL takes longer, doesn't mean that there is anything wrong or any red flags popped up.
Also, they'll mail it out unless you asked to pick it up (depending on agency and policy) The CPL person/persons want to get them off their desks ASAP to make room for the next batch that gets dropped on them!
Some agencies wait the full 30 days as a policy JUST IN CASE something bounces back from say a mental health clinic check or what have you, so just because a CPL takes longer, doesn't mean that there is anything wrong or any red flags popped up.
Also, they'll mail it out unless you asked to pick it up (depending on agency and policy) The CPL person/persons want to get them off their desks ASAP to make room for the next batch that gets dropped on them!
ironmike86
New member
The part I wonder about is they said it would take ~ 2 weeks and they would call. Past that 3 weeks today. Small town 6,000ppl. But not very many Police and they say they are very busy. One secretary. Doubt she's loaded with Cpl apps ???. Guess they just wanna make sure. But they also let you know if Denied? Just the wait what kills.
If you don't have your CPL after 30 days, call them and ask what's up. I would suggest you read all of RCW 9.41. If they wrongfully deny your CPL, you may file for a writ of mandamus, in accordance with RCW 9.41.0975.
Chapter 9.41 RCW: Firearms and dangerous weapons
Chapter 9.41 RCW: Firearms and dangerous weapons
Alex220
New member
It depends on how their setup is for proccessing the applications. Also, the end of Summer is always a busy time for gun purchase and CPL applications. AND it's a common time for department vacations.. which can cut the staff that handles the applications.
IF it's a denial.. they'll send a form letter spelling out what the deal-breaker was. But with your record, I'm doubting it'll be denied.
IF it's a denial.. they'll send a form letter spelling out what the deal-breaker was. But with your record, I'm doubting it'll be denied.
The way it works in Island County - the Sheriff will NOT issue the CPL until day 30. They will NOT call you. It's up to you to check up on it on day 30 or afterwards. I got chewed out on the phone for calling on day 29! :-< Absolutely no need for it to be that way, but that's the way Island County does it.
ironmike86
New member
Ya small towns. I asked if I should call they said NO we will call you. She was kinda ..scary old lady. I will wait 31 day and call if I hear nothing
BC1
,
Navy, most certainly understand "shall issue" v. "discretionary issue." I also have an attorney on staff full time. We've probably handled more permit applications than any other school. This is the mainstay of our business. There may be overlap in state/fed requirements but give me a state and I'll give you a STATE statute. most people think "shall issue" means they can't be denied. The substance of my post is to inform them this is not so.
I picked up a client yesterday who forget to pay sales tax on a private automobile transaction. He was charged with a felony, his permit revoked and guns confiscated. The prosecutor will agree to reduce to a misdemeanor and then we must make the argument for return of his permit/guns. The guy is being treateded like a violent criminal over sales tax. Permit holders all over America are subject to crazy ruliongs and behavior by licensing agents.
