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Denied a CPL?

B

Bear 45/70

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Now ther is a good and legal way to deal with thisJohn Hardin wrote:
cynicist wrote:
The issue they claim is I had a felony *arrest* with no conviction from when I was 14 years old, and they claim that is basis for denial, so I casually showed them the part of rcw 9.41.040 (3) that says that if there's no disposition I'm not barred from possession, and they reverted to they ol' 'it's our discretion,' 'we're not going to argue, blah blah.'
Click to expand...
Have you tried the sheriff's office rather than one of the PDs?
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Now there is a good and legal way to deal with this issue. Then you can use the CPL in your hand as more proof that they were in violation of the law.
 
C

cynicist

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Lonnie Wilson wrote:
cynicist,

Can you PM me the exact details of which department we're talking about? and exactly what happened? I think we may be able to get this fix by me having a conversation with them.
Click to expand...
For some reason it won't let me PM you. If you could PM me I suppose I could respond to it, or phones if you prefer.
 
B

Bear 45/70

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cynicist wrote:
You have to do it through the city if you live in one.
Click to expand...
Not true. Even if you live in the city, you are still a county resisdent.






RCW 9.41.070
Concealed pistol license — Application — Fee — Renewal

1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
 
J

joeroket

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Bear is right on the button. I never go to Everett PD for mine, even when my mom was working for them, because they only do it certain times and days and it is a royal pain in the ass to get someone to fingerprint there. The county has a dedicated office for permit applications and fingrtprinting.
 
9

911Boss

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Gone... Nutty as squirrel **** around here
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Bear 45/70 wrote:
cynicist wrote:
You have to do it through the city if you live in one.
Click to expand...
Not true. Even if you live in the city, you are still a county resisdent.
Click to expand...


Wow, never thought I would see the day when I have to say "Bear is right..."

City resident has choice of City PD or County Sheriff. Unincorporated resident can only go to the Sheriff. If this is a city jacking you around, go to the County and see what happens.
 
K

kparker

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The actual paragraph from 9.41.070 that applies here is this one:

(13) A person may apply for a concealed pistol license:

(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

(c) Anywhere in the state if the applicant is a nonresident.
​
Interestingly, here in the Tacoma it's more or less irrelevant, because virtually every agency is part of the interlocal LESA (Law Enforcement Support Agency) which does 911, criminal records, and many other support services including issuing CPLs. So here there aren't really two separate agencies that one can try. (Also interestingly, the municipality web sites don't always to a good job of pointing the interested applicant in the right direction; e.g. I wasn't able to find any reference to CPLs on the City of University Place web site.)
 
C

cynicist

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I assumed the "or if the person lives in a municipality" meant that was only to the munincipality if you live in one.

Anybody here live in a city but applied at county?

At this point I don't want to go through the Sherriff because I feel I need to teach the cops that they can't get away with something like this, but I'll keep it up my sleeve.
 
J

joeroket

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cynicist wrote:
I assumed the "or if the person lives in a municipality" meant that was only to the munincipality if you live in one.

Anybody here live in a city but applied at county?

At this point I don't want to go through the Sherriff because I feel I need to teach the cops that they can't get away with something like this, but I'll keep it up my sleeve.
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I live inside the city limits of Everett but get mine through the Sno County Sheriff. No issues at all.
 
O

owensd

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I fail to see how going and getting it with the county sheriff's office but still pursuing legal action against the city PD is not an option. It will be just that much longer for you will get your CPL then.
 
TechnoWeenie

TechnoWeenie

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cynicist wrote:
The issue they claim is I had a felony *arrest* with no conviction from when I was 14 years old, and they claim that is basis for denial
Click to expand...

What was the disposition?

Nulle prosequi? Not guilty? deferred audication? PBJ?
 
C

cynicist

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TechnoWeenie wrote:
cynicist wrote:
The issue they claim is I had a felony *arrest* with no conviction from when I was 14 years old, and they claim that is basis for denial
Click to expand...

What was the disposition?

Nulle prosequi? Not guilty? deferred audication? PBJ?
Click to expand...
Went to the arraignment, clerk told me to go home because there were no charges filed, never heard back.

I believe that is Nulle prosequi, provided you didn't just make that up. Even if you did, I'm gonna use it this morning when I go down to yell at them.



And I think there's no real legal action I could take if I get it through county. They could claim the 'good faith' clause in 9.41.0975 makes them immune. But if I keep pushing it, then they're 'good faith' will either disappear completely or they'll cave in.

I talked to them this morning. Now that they see I know what I'm talking about (quoting RCWs is great!) They're letting me meet with the deputy chief. See how that goes.
 
TechnoWeenie

TechnoWeenie

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cynicist wrote:
Gene Beasley wrote:
It's actually nolle prosequi:

http://en.wikipedia.org/wiki/Nolle_prosequi
Click to expand...

Ah, I see.  No it wasn't.  I was reduced from Mal Mis 2 to 3 and then dropped, in between the time of arrest and arraignment.
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The reason I ask, is some things like PBJ are handled differently by state. Some states see PBJ as a conviction, other states see PBJ as NOT a conviction, some see PBJ as 'other'.....
 
just_a_car

just_a_car

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TechnoWeenie wrote:
cynicist wrote:
Gene Beasley wrote:
It's actually nolle prosequi:

http://en.wikipedia.org/wiki/Nolle_prosequi
Click to expand...

Ah, I see. No it wasn't. I was reduced from Mal Mis 2 to 3 and then dropped, in between the time of arrest and arraignment.
Click to expand...

The reason I ask, is some things like PBJ are handled differently by state. Some states see PBJ as a conviction, other states see PBJ as NOT a conviction, some see PBJ as 'other'.....
Click to expand...
I see a PBJ as a tasty sammich!... Especially with Strawberry preserves.

...sorry, I couldn't help myself. :p
 
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