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

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

    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.

  2.   
  3. Talk to a lawyer. Period.
    "When the government's boot is on your throat, whether it is a left boot or a right boot is of no consequence." ~ Gary Lloyd

  4. #3
    Join Date
    May 2008
    Location
    Panhandle, Idaho
    Posts
    279
    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.

  5. Contact the state atorney generals office

  6. #5
    Quote Originally Posted by Stiofan View Post
    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.
    Quote Originally Posted by spider View Post
    Contact the state atorney generals office
    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.
    Amazing what you will find actually reading statutes, isn't it?

  7. Lawyer up...that's all you can do. Period.

  8. 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.

  9. #8
    Join Date
    Apr 2008
    Location
    Western Washington
    Posts
    94
    If you are looking for a good rights attorney check out the Padula Defense Group. (Padula & Associates - Call Us 24/7 - DUI - Criminal Defense - Seattle - Liz Anne Padula) Lizanne and her group are experienced in these type of issues.

    You can also check with Mark Knapp who practices in Federal Way.

  10. Never plead guilty unless you mean it! It WILL come back later to haunt you! Lawyer up!

  11. #10
    Join Date
    Jul 2008
    Location
    Seattle
    Posts
    112
    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"
    "The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

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