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Thread: getting gun rights restored- juvenile 4th degree dv assault conviction

  1. #1
    Regular Member kevin_cline's Avatar
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    getting gun rights restored- juvenile 4th degree dv assault conviction

    I have, since I was 21, had an interest in getting my gun rights restored from a juvenile conviction and I have heard that there are forms you can file your self.

    Details: I plead guilty, at the age of 13 and still in foster care, to 4th degree DV assault against my brother. It wasnt a physical assault but I pulled a swiss army pocket knife on him and told him I was going to stab him. That act alone was what resulted in the conviction. I was never offered a deferment. When I reached age 21 I applied for a CWP and was denied in a letter from the auburn police department. The letter stated it was based off that conviction. The conviction was in king county but I now live in pierce county. I have no convictions on my adult record and only one or two more 4th degree non dv assaults on my juvenile record which is sealed.

    Would love some direction. I know some counties make the forms easily accessible but in liberal king and pierce counties, there are none readily available that I know of...

    I dont have 1500 spare dollars laying around to retain an attorney unfortunately.

    Thank you every one.

    Live free or die trying....dont tread on me.....

  2. #2
    Regular Member MKEgal's Avatar
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    I googled [washington state firearm rights restoration]
    and the first return is this
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.047
    RCW 9.41.047
    Restoration of possession rights


    which seems to mostly deal with restoration after a mental health commitment, but at the bottom it does reference another statute
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040

    RCW 4.41.040 which includes "restoration of right to possess"

    (4)(a) says in part:
    Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

    (ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm...

    (B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm
    Then they give the specifics about where you need to go:
    (4)(b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at:
    (i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or
    (ii) The superior court in the county in which the petitioner resides.
    Then I googled [washington state king county court]
    and the first return was this:
    http://www.kingcounty.gov/courts/SuperiorCourt.aspx

    You should contact the clerk of court's office to find out about the procedure & have them send you any needed form.
    http://www.kingcounty.gov/courts/Clerk.aspx

    I also googled for Pierce County and found this:
    http://www.piercecountywa.org/Index.aspx?NID=122
    Recommend also contacting their clerk.
    Last edited by MKEgal; 02-26-2014 at 08:05 PM.
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  3. #3
    Regular Member Grim_Night's Avatar
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    Private message sent.
    Armed and annoyingly well informed!

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  4. #4
    Regular Member 509rifas's Avatar
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    If you need further information, PM me, I have experience with that type of thing as well.
    LIVE FREE OR DIE TRYING

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