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Thread: Can i legally buy/posses gun? WA state

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    Can i legally buy/posses gun? WA state

    Okay so, I live in WA state and about 6 years ago or so I received a felony for marijuana(official charge was attempted VUCSA witch was a felony) it was a my first encounter with the law and i was able to get a deferred sentence to have the felony dismissed. i am not too court-savvy, but i completed the courts conditions to have it dismissed. This was after I took the plea deal and served a 5 day sentence and was on 2 years of inactive probation. I did complete it successfully and the felony was dismissed with prejudice. However, this has caused me problems while trying to obtain my drivers license, i had to pay extra fees and whatnot due to this whole situation. I was told by the court "dismissed with prejudice means it is like it never happened" but my real world encounters have not made me feel this way. I am concerned i will not be able to own a gun now because of this. So i would like to find out if a felony "dismissed with prejudice" after completed a deferred adjudication will cause me to lose my gun rights. Also i would like to add that marijuana is now recreational legal in my state now if that would help me restore my rights if they have been taken away from me. Any help/insight on this is greatly appreciated

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    Moderator / Administrator Grapeshot's Avatar
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    Moved this to the Washington sub-forum - state specific question.

    Welcome to OCDO. Someone with knowledge of this should be along shortly.
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    Old and treacherous will beat young and skilled every time. Yata hey.

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    Dismissed with prejudice or dismissed without prejudice ... both are dismissals.

    Really, the OP should either a) try to buy a gun through a dealer or b) contact a lawyer.

    Clearly you are explaining to people about the case ... likely needingly ...

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    well i am trying to avoid talking to a lawyer because they usually charge between 30-50 dollars every 15 minutes lol. i am confused by what you mean, i do know dismissed without prejudice means they can reopen the case. they cannot reopen my case because it is dismissed with prejudice. i know people with felonies are not allowed to have guns so im just curious if i would fall in that catagory, i currently dont have any cash for a gun right now anyways i am mostly just curious so i thought i would ask here instead of pay to talk to a lawyer witch i may have to do anyways down the line.

    So to make my question a little bit more clear. if i was convicted of a felony but had it dismissed with prejudice by completing a deferred adjudication, would that be likely to effect my gun rights?


    has anyone heard of a dismissed conviction causing someone to lose there right to bare arms? and if so, based on the situation with marijuana being legal am i likely to be able to get my rights restored if this has compromised them?


    wasnt quite sure what you ment david


    i apologize if this is the wrong forum to ask this at

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    Normally, with a diversion process the individual must "keep clean" for a period of time to avoid prosecution and thereafter the case is dismissed. There may be conditions during that time period and some fees too. Once you have completed everything, you are free and clear.

    It looks like, instead, you plead guilty and got 2 yrs probation to a felony. Once you completed the probation your remaining sentence was dismissed.

    Again, how can anyone here know the circumstances and facts regarding your query when you don't?

    We are only guessing is my point.
    Last edited by davidmcbeth; 12-05-2015 at 02:45 AM.

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    Activist Member golddigger14s's Avatar
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    Welcome to OCDO. Call your local PD, an FFL dealer, or check with a court.
    Also feel free to capitalize letters when appropriate.
    Last edited by golddigger14s; 12-05-2015 at 02:45 AM.
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    would those things be free for me to do? and yes if i run a backround check what comes up is my felony but next to it has "dismissed" i mean i thought i knew my case, and in fact i remember taking a plea deal down to a gross misdemeanor but it still shows "felony : Dismissed" on my backround.


    and to my second part question, lets say i did in fact have the felony still. would i be able to do something about it seeing how what i did is completely legal now? i feel like i have been exploited by my own country and it doesnt make me feel very good. i didnt know enough of my rights and the court system has never been willing to help me with anything. i have nothing but bad experiences with LEO and court. they didnt even make good on the agreement at the time because i failed backround checks with employers and i told them what happened and they told me they got it resolved but by the time they did the position i was gonna get hired for filled... so they cost me a job by them not doing their job all while i pay the price at every corner... for something that is now legal and the gov sells it.

    i mean is it likely at all the my own gov didnt **** me over? or is that pretty much what happened and i just have to live with this ******** forever


    im getting a vibe that i shouldnt have asked this question, i dont think i was clear or something

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nexxone View Post
    --snipped--
    im getting a vibe that i shouldnt have asked this question, i dont think i was clear or something
    Patience. You asked and will received, might not always be exactly what you want to hear or how. The information is easy, the follow through not always so much.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Bill45's Avatar
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    It seems to me your first priority is to get a job, earn some money, then get an attorney to look into your situation.

    Looks to me like you have a felony on your record that will block legal firearm ownership. It does not matter what is legal today, yesterday you broke the law and it is on your record. So it takes money for an attorney to restore your rights. It takes $$ to get a lawyer, it takes money to buy a gun. To get $$ you need a job, therefor concentrate on the job search not the gun search. If you need to carry a weapon carry a knife (if concealed not over 3.5 inch blade including shank in Tacoma) and no martial arts gizmos or daggers they are all illegal in Tacoma and Seattle. Look in the Tacoma Municipal Code under chapter 8.66.

    Do not get in a hurry and buy a gun from a "friend". If you are found with a gun and have a felony, what ever your problems are to day will be minor to what will happen to you then.

    Don't say "no" on the job application regarding your legal problem. If you put down "no" and the back ground search come back a yes ( and it will) then your prospective employer thinks you lied and you will never hear from them again. On the job application briefly explain the situation if space is available. Explain again at the interview.

    This will take some time and money. Good luck.

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    Regular Member Mainsail's Avatar
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    Let's look at the Federal hurdle first. Here's the Form 4473 that you would fill out if you want to purchase a firearm: https://www.atf.gov/file/61446/download

    Read the questions on page 1, explanations are on page 3.

    You will need to honestly answer NO to questions 11b thru 11k. Don't try to fudge any of the questions, including 11e (marijuana use is federally illegal, state law notwithstanding) because that will end any chance of fixing things (like your felony issue) in the future.

    Can you answer NO to those questions? If you can, then you are probably going to be OK. If you cannot, then you may not (currently) buy a firearm. If you check YES to any of those questions the dealer will not let you leave with his firearm.

    If your ONLY issue if Question 11c there are avenues you can pursue to enable you to answer that question NO, however it will involve a lawyer.

    11c truncated, reads: Generally, 18 U.S.C. 922 prohibits the ... receipt, or possession ... of a firearm by one who: ... has been convicted of a felony, or any other crime, punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less).
    Last edited by Mainsail; 12-05-2015 at 10:41 AM.

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    Quote Originally Posted by Nexxone View Post
    i mean is it likely at all the my own gov didnt **** me over? or is that pretty much what happened and i just have to live with this ******** forever
    You should smoke a joint and relax a little (hey that's legal now!).

    You could apply for a CCW, and clearly state you had the conviction and dismissal. See what happens.

    That's probably safer than risking NICS accidentally approving you for a sale, when theyt shouldn't. The WA CCW system won't give a false positive (or negative depending on how you look at it) imho, NICS can.

    If you are denied your CCW (or CLP, whatever they call it now adays), then either hire an attorney or do the paperwork yourself to try and get the conviction expunged. There are attorneys who specialize at this, and charge a flat fee for filing the paperwork for you.
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    Quote Originally Posted by Nexxone View Post
    <snip>

    i mean is it likely at all the my own gov didnt **** me over? or is that pretty much what happened and i just have to live with this ******** forever
    Thats is a distinct possibility. For what its worth, I would not have found you guilty. I don't care about drug crimes.

    As several have suggested, you may go to a FFL and have one run their BR chk on you.

    http://www.gunbroker.com/FFL/DealerNetwork.aspx

    Is one sight where you can find FFLs.
    Last edited by davidmcbeth; 12-05-2015 at 11:44 AM.

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    okay i have talked to some other sorces like friends and what not, and basicly i for sure remember only pleading guilty to a gross-misdemeanor in my plea deal. i know this is 100% true i could find the paper work for it i kept everything somehwere. why i am soo confused is i dont understand my own record, it doesnt say misdemeanor on my record is says dismissed felony. this confuses me, i have a job now but thanks for your unwanted opinions on that matter.. while i was failing backround checks one of my woulda-been employers had gotten it straightened out becuase they called me back after letting me know i failed the check and told me that it was all good after they contacted something,(icant remember what exactly but they told me no to job cuz i failed and then they told em yes after they checked what i had told them) but by that time they filled the spot, i have not failed backround check for work since.

    Why i even have concerns at all is the fact while getting my lincence i was forced to pay extra fee's becuase of this dismissed case witch did not make any sense to me. i have been told from multiple people if i do in fact have a felony, i can go to jail just for trying to buy a gun. i do not udnerstand my own record, the thigns i was told by the courts and my attourny and what i signed dont match up to my record as far as im concerned. i dont really plan on getting a gun anytime soon or anything of that nature. attournys cost money just to talk to and i dont have a lot of money and this problem is not effeting me right not, only when getting my licenec did i notice this. i thoguht this wuld be a good place to ask about what people thought about what i had or didnt have at this time.


    jsut to be clear with everythign i said again i will restate it with large spaces so it can be clearly read








    i was charged with a felony VUCSA


    i did not plead guilty to this


    i took a plea deal for a lesser charge of a gross-misdemeanor


    i completed my condition by the court to have it dismissed


    i was told this would never effect anything i try to do by my attourney and i believed him


    on my record is says dismissed felony, and not dismissed misdemeanor. witch confuses me


    i dont want to buy a gun right now i simply want to know what people think my rights are in a situation like this


    i have all my court docs somewhere in storage to prove everything i have just said. im aware you guys arent lawyers or experts but neither am i, and i like to crowd source my information before i put out money/time.


    i have never been charged with anything before or since this incident.


    is it normal for someone to take a plea deal for a gross misdemeanor and it still say felony dismissed on my record? if this is not normal am i likely to be able to correct this error the court has made?

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    An employer-employee BR check is totally different than a gun BR check.

    If you would have said something to the effect before it would have been most helpful.

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    Quote Originally Posted by Nexxone View Post
    --snipped--....but thanks for your unwanted opinions on that matter.. while i was failing backround checks one of my woulda-been employers had gotten it straightened out becuase they called me back after letting me know i failed the check and told me that it was all good after they contacted something,(icant remember what exactly but they told me no to job cuz i failed and then they told em yes after they checked what i had told them) but by that time they filled the spot, i have not failed backround check for work since.

    --snip-- my attourney and what i signed dont match up to my record as far as im concerned. i dont really plan on getting a gun anytime soon or anything of that nature. attournys cost money just to talk to and i dont have a lot of money and this problem is not effeting me right not, only when getting my licenec did i notice this. i thoguht this wuld be a good place to ask about what people thought about what i had or didnt have at this time.

    Being snarky with other posters won't help you - you did invite their comments.

    Your attorney from the original case should be able to provide you with answers....and likely at no charge.

    You indicate you are not trying to buy a gun and have a job, so this is what? A fire drill?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Nexxone View Post
    okay i have talked to some other sorces like friends and what not, and basicly i for sure remember only pleading guilty to a gross-misdemeanor in my plea deal. i know this is 100% true i could find the paper work for it i kept everything somehwere. why i am soo confused is i dont understand my own record, it doesnt say misdemeanor on my record is says dismissed felony. this confuses me, i have a job now but thanks for your unwanted opinions on that matter.. while i was failing backround checks one of my woulda-been employers had gotten it straightened out becuase they called me back after letting me know i failed the check and told me that it was all good after they contacted something,(icant remember what exactly but they told me no to job cuz i failed and then they told em yes after they checked what i had told them) but by that time they filled the spot, i have not failed backround check for work since.

    Why i even have concerns at all is the fact while getting my lincence i was forced to pay extra fee's becuase of this dismissed case witch did not make any sense to me. i have been told from multiple people if i do in fact have a felony, i can go to jail just for trying to buy a gun. i do not udnerstand my own record, the thigns i was told by the courts and my attourny and what i signed dont match up to my record as far as im concerned. i dont really plan on getting a gun anytime soon or anything of that nature. attournys cost money just to talk to and i dont have a lot of money and this problem is not effeting me right not, only when getting my licenec did i notice this. i thoguht this wuld be a good place to ask about what people thought about what i had or didnt have at this time.


    jsut to be clear with everythign i said again i will restate it with large spaces so it can be clearly read








    i was charged with a felony VUCSA


    i did not plead guilty to this


    i took a plea deal for a lesser charge of a gross-misdemeanor


    i completed my condition by the court to have it dismissed


    i was told this would never effect anything i try to do by my attourney and i believed him


    on my record is says dismissed felony, and not dismissed misdemeanor. witch confuses me


    i dont want to buy a gun right now i simply want to know what people think my rights are in a situation like this


    i have all my court docs somewhere in storage to prove everything i have just said. im aware you guys arent lawyers or experts but neither am i, and i like to crowd source my information before i put out money/time.


    i have never been charged with anything before or since this incident.


    is it normal for someone to take a plea deal for a gross misdemeanor and it still say felony dismissed on my record? if this is not normal am i likely to be able to correct this error the court has made?
    First, spell-check helps.

    Second you just explained that you only pled out to a, gross misdemeanor. I have been convicted of that level and still clear background checks for guns.

    Third the 4473 asked about addiction to "illegal" drugs.

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    okay thank you thats what i wanted to know, i plead out to a misdemeanor so if i have any problems it is clearly a mistake by the court system then. it was just confusing to me having the word felony instead of misdemeanor on my backround. i have stated multiple times that this is me wanting to know how this has effected my rights that is all. i appreciate the info i have received but as far as opinion about my life i dont give a **** what any of your have to say. just wanted to know some information sorry i couldnt provide more details then what i was able to.

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    Regular Member decklin's Avatar
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    Quote Originally Posted by Nexxone View Post
    okay thank you thats what i wanted to know, i plead out to a misdemeanor so if i have any problems it is clearly a mistake by the court system then. it was just confusing to me having the word felony instead of misdemeanor on my backround. i have stated multiple times that this is me wanting to know how this has effected my rights that is all. i appreciate the info i have received but as far as opinion about my life i dont give a **** what any of your have to say. just wanted to know some information sorry i couldnt provide more details then what i was able to.
    You're a charmer. Are you sure you have the emotional maturity necessary for gun ownership? Before you throw a hissy fit pause and ask yourself.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nexxone View Post
    okay thank you thats what i wanted to know, i plead out to a misdemeanor so if i have any problems it is clearly a mistake by the court system then. it was just confusing to me having the word felony instead of misdemeanor on my backround. i have stated multiple times that this is me wanting to know how this has effected my rights that is all. i appreciate the info i have received but as far as opinion about my life i dont give a **** what any of your have to say. just wanted to know some information sorry i couldnt provide more details then what i was able to.
    You have been told of the potential. Only you can correct it - you either take such action or not. Up to you.

    Also might be a good idea to not speak in such a manner if you wish any measure of assistance in the future - it is only a small step away from Forum Rules violation.
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    Regular Member solus's Avatar
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    OP, forgive the late interjection, but i am sincerely concerned with your self-report(s) regarding your inability to focus coupled your obvious confusion on your own aspects of your life's events.

    might i suggest, since you have employment hopefully w/health care, i would suggest you seek medical attention to assure there is not a neurological issue you might be experiencing which might need looked at.

    ipse
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    to lose your right to carry or possess, you would need to have been convicted of a felony or of a domestic violence or to have been found mentally unstable enough to require some commitment.

    It sounds like your felony charge was dismissed and that you pled to a misdemeanor . . . IF that is the case, and IF there is nothing else surprising you have not mentioned, you probably can purchase a gun, but I am not a lawyer and not making you any promises. One other way to "lose" the right to have a gun, temporarily, is to be charged with certain crimes and be before trial or decision . . .

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Third the 4473 asked about addiction to "illegal" drugs.
    This. The federal government lacks the authority under the 21st amendment to flatly prohibit any drug nationally, they only have the power to criminalize smuggling of drugs into states that do have prohibitory laws. At the moment, the only marijuana that is illegal in Washington is that which is untaxed or that which is smuggled in across state borders.

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    Quote Originally Posted by NavyLCDR View Post
    If the OP wasn't intending to actually receive a gun, it would be a violation for the dealer to run the NICS check:

    https://www.fbi.gov/about-us/cjis/ni...0-1998-on-nics

    25.6 Accessing records in the system.
    (a) FFLs may initiate a NICS background
    check only in connection with a proposed
    firearm transfer as required by the Brady Act.
    'proposed' provide latitude of intent to initiate a check...

    ipse
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    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

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