Pretty smart, returns calls
I had someone ask me about getting their rights restored, and not being an expert on the subject I referred them to Paul Ferris (listed on the NWCDL page) as that seems to be his area of expertise. They emailed him about two weeks ago with a pretty in-depth description of their situation and haven't heard anything back from him. I Googled his name to see if he had an alternate webpage or anything and even found a recent BBB complaint against him saying that he pretty much "took the money and ran" and didn't really do anything for the client, so I'm wondering if anyone knows of any other lawyers that specialize in restoring rights that I could point them to.
Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt
Joe Devlin, Tacoma (Atty that does restoration of rights)
Go to your county web site, (some counties have the packet online, like Spokane Co) or the county clerk, and ask for RCW 9.41.047 packet. Each county does it a little bit differently so you need your county's packet.
You need to file in the county the offense occurred in, or the county you presently reside in. You need an official copy of the original conviction/court order, a copy of a WSP background check, and the county .047 paperwork. Take it to the county clerk and get a court date...DO NOT MISS THAT COURT DATE!!!!!! Get the WSP Background check last...it is time sensitive.
It will cost somewhere between $200 and $300 dollars for your court costs. In your hearing you will explain to the judge why you wish to have your civil rights restored, and your WSP paperwork will show you have been good since the original problem. When the Judge order your rights restored, (By law) the county clerk has 72 hours to get that information to NCIS..and you are then good to go.
I have not actually done this for myself, but I have taken someone I love through the process...it works.
Unless you have a DV or conviction w/ a firearm, you can do it yourself. The process could not be easier as mentioned above. I know 2 people who went through it and in Pierce county the person didn't have to speak and the judge didn't need the letter explaining the reason. He just signed off on it. The person bought a handgun that following week at Cabela's and nothing came back from NCIC so it either went through quickly or the conviction didn't show up.
"There is no such thing as a free lunch, but there is always free cheese in a mousetrap."
Thanks guys. I think they want to talk to a lawyer because there is some prior juvenile stuff along with a single adult conviction many years ago. I don't know the full detail myself, but will pass along these lawyer suggestions.
Armed and annoyingly well informed!
There are two constants when dealing with liberals:
1) Liberals never quit until they are satisfied.
2) Liberals are never satisfied.
Motion and Declaration to Seal Records of Juvenile Offender (MTAF)
Notice of Respondentís Motion to Seal Records of Juvenile Offender
Order of Motion to Seal Records of Juvenile Offender
I did the whole process myself.
The juvenile court staff are actually pretty helpful when they find out you're just a law abiding adult trying to clear up the mistakes of your past.
If your adult conviction was a felony there's more you'd have to do.
RCW 9.41.047 governs adult restoration (as opposed to sealing.) The conditions are laid out in the law, and they are fairly simple.
From my understanding of the case law on the matter, once you meet the requirements, they HAVE to restore:
28012-4-II - State of Washington, Respondent v. Sigiel J. Swanson, Appellant File Date: 03/04/2003
"RCW 9.41.040(4) analysis
On its face, RCW 9.41.040(4) gives no discretion to the restoring
court once the enumerated, threshold requirements are met. In fact, the
only discretion that the statute contemplates belongs to the petitioning
individual, and that discretion concerns his decision to petition the court
in the first place. The provision states, 'the individual may petition a
court of record to have his or her right to possess a firearm restored.'
RCW 9.41.040(4) (emphasis added). This fact militates against a
construction of RCW 9.41.040(4) that gives the restoring court any
discretion to grant or deny the petition on grounds other than non-
compliance with the enumerated, threshold requirements."
"Because RCW 9.41.040(4) imposes no requirements other than the enumerated,
pre-petition requirements noted above, Swanson had no burden to show that
he is safe to own and possess guns. If the Legislature desired to impose
that burden, it certainly knew the language to employ, as evidenced by the
other statutes discussed above that impose such a burden. By the
Legislative omissions in the statute, we hold that RCW 9.41.040(4) imposes
only a ministerial duty9 on the court when the enumerated, threshold
requirements are met. Therefore, the trial court erred when it declined to
restore Swanson's firearm rights."
PS - - anyone who wants to do this on their own needs to look at RCW 9.41.040. Looks to me like the restoration provision of .047 apply to involuntary commitments and NGIs
Don't be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
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