Wa state CWP/CPL denied!!! , told to surender guns! - Page 5
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Thread: Wa state CWP/CPL denied!!! , told to surender guns!

  1. Quote Originally Posted by BC1 View Post
    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 apologize, I misunderstood your post.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  2.   
  3. Being charged with a felony won't get your permit revoked nor one's weapons taken away. A CONVICTION, however, is a different thing. Being charged with anything is meaningless and empty till the gavel comes down with a disposition, and would violate due process to act on a charge until a court had a finding.

    What state are you talking about with your example? And my guess is that your client would have been CONVICTED for a permit revocation to have taken place..in which case, it shows that the system works.

    Also, a Felony charge doesn't have to equate to being a 'violent criminal'.. apples and oranges.

    I'm curious about details of this case..

  4. #43
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    Quote Originally Posted by Alex220 View Post
    Being charged with a felony won't get your permit revoked nor one's weapons taken away. A CONVICTION, however, is a different thing. Being charged with anything is meaningless and empty till the gavel comes down with a disposition, and would violate due process to act on a charge until a court had a finding.

    What state are you talking about with your example? And my guess is that your client would have been CONVICTED for a permit revocation to have taken place..in which case, it shows that the system works.

    Also, a Felony charge doesn't have to equate to being a 'violent criminal'.. apples and oranges.

    I'm curious about details of this case..
    Correct in your assessment. He was charged with the felony and the permit was revoked... without due process. He'll plead to the misdemeanor and will probably get his permit back, with some wrangling. The crminal procedure law does not have a provision that allows for this so his rights are being violated.
    GOD, GUNS and GUITARS

  5. #44
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    Quote Originally Posted by Alex220 View Post
    When you sign your Washington CPL application, you waive your rights to confidentiality when it comes to mental health background info..
    We sign a release here to, but the point is that I was denied on the opinion of one man. He did not have to prove his accusation in a court room before a judge. The burden of proof was turned around. In order to get my 2nd amendment right back I had to pay one of his hand picked buddies to do a substance abuse evaluation on me. After his buddy sent him the results he then notified the sheriffs department that my gun right should be restored. How did one man get that kind of power in the USA? It's unconstitutional.

  6. Quote Originally Posted by BC1 View Post
    Correct in your assessment. He was charged with the felony and the permit was revoked... without due process. He'll plead to the misdemeanor and will probably get his permit back, with some wrangling. The crminal procedure law does not have a provision that allows for this so his rights are being violated.


    Are you talking Washington State? He was CHARGED only and lost his permit? Do you mean he was convicted of the Felony?

  7. Quote Originally Posted by TooCalm View Post
    We sign a release here to, but the point is that I was denied on the opinion of one man. He did not have to prove his accusation in a court room before a judge. The burden of proof was turned around. In order to get my 2nd amendment right back I had to pay one of his hand picked buddies to do a substance abuse evaluation on me. After his buddy sent him the results he then notified the sheriffs department that my gun right should be restored. How did one man get that kind of power in the USA? It's unconstitutional.

    It sounds like the system worked, as your firearm rights were restored. It also sounds like the decision to deny based on mental health background information wasn't due to the other guy, but to your statements. The information being available to those doing the background investigation. Were you involuntarily committed at one point?

  8. #47
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    Quote Originally Posted by Alex220 View Post
    Are you talking Washington State? He was CHARGED only and lost his permit? Do you mean he was convicted of the Felony?
    No, this is in NY. He lost his permit when he was charged. The D.A. is willing to reduce to a misdemeanor if he pleads guilty. He has not yet formally accepted the offer. In NY, the criminal procedure law allows for revocation of the permit under certain circumstances, such as family court actions or issuance of a protection order. But this poor guy got railroaded. I heard from the attorney late today who told me he'll get his permit back if he takes the offer.
    GOD, GUNS and GUITARS

  9. #48
    Quote Originally Posted by biggie425 View Post
    Greetings everyone.


    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.


    :
    If you look at the Washington Conceal Pistol License on the Department of Licensing website a conviction of Assault 4 is a disqualifying factor. I suggest having your records expunged and sealed. Contact a lawyer

  10. Keep in mind that ultimately ANY conviction may put you at risk because the licensing requirements may not prohibit you today but the laws may change tomorrow to exclude you. Lessons learned: keep your nose clean and NEVER plead guilty if you can avoid it. What one judge giveth, another taketh away!

  11. Quote Originally Posted by slag_it! View Post
    If you look at the Washington Conceal Pistol License on the Department of Licensing website a conviction of Assault 4 is a disqualifying factor. I suggest having your records expunged and sealed. Contact a lawyer


    no..not exactly.


    the disqualifier is if the Assault 4 is DV related.. and ONLY if it's DV related.

    for instance:

    if you run up to someone...and throw a pie in a strangers face.. that's Assault 4

    and that's NOT a CPL disqualifier.


    if you push your wife/girlfriend/ex-girlfriend/child/step-child etc.. down to the ground.. that's DV Assault 4

    and that IS a CPL disqualifier.. (and, as always.. remember it has to be a CONVICTION..not just the filing of charges that counts)

    I've denied many a CPL applicant for DV Assault 4 .. but have NEVER disqual'd someone convicted of just an Assault 4

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