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Thread: legal to carry after denial of CPL?

  1. #1
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    I went to the court house last month with a coworker, so he can get a CPL and he was just denied for a crime he commited 6 years ago (cashing a forged check and a hit and run involving $10,000 in damages). he is still able to buy firearms he has 2 rifles a 1 pistol the Sheriff said that he dosen't know why he was denied he just was his crimes are not felonies! but he's going to OC for now on, should I be worried about hanging out with him and can I lose my CPL, we carpool together to and from work. Thanks

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    I would recommend that your friend go to the court where he was charged, and obtain a copy of all the court ocuments. Then contact the agency that did the background check for his cpl. Use FOIA request to get a copy of the background check answer. Then contact an attorney. Most attorney types will give a short consultation free of charge. There are a couple on this forum that have indicated pro bono advice in certain circumstances.

  3. #3
    Regular Member j2l3's Avatar
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    No, you can't get in trouble for having a weapon just because he was denied his CPL, even if you are together.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    I believe knowingly cashing a forged check ("fraudulent payment instrument") is a class C felony, but if he passed the background check when buying the guns, he's clean.
    Like the others said, get conviction information from the agency.
    I was denied when I applied to because of (mainly) non-conviction information from when I was 14 years old. But I'm stubborn, so I eventually got it, and learned a lot about the RCWs in the process.

    [edited for clarity]

  5. #5
    Regular Member Lammo's Avatar
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    erich_kopp wrote:
    I went to the court house last month with a coworker, so he can get a CPL and he was just denied for a crime he commited 6 years ago (cashing a forged check and a hit and run involving $10,000 in damages). he is still able to buy firearms he has 2 rifles a 1 pistol the Sheriff said that he dosen't know why he was denied he just was his crimes are not felonies! but he's going to OC for now on, should I be worried about hanging out with him and can I lose my CPL, we carpool together to and from work. Thanks
    Sorry but this does not compute. Assuming your friend was convicted of "cashing a forged check" that is a felony in this state. It's called Forgery, RCW 9A.60.020. The hit and run would only be a felony if people were hurt - - the dollar amount of damages doesn't matter. RCW 46.52.020. If your friend has not had his rights restored (RCW 9.41.047) he would be committing another felony by being in possession of a firearm. RCW 9.41.040(2)(a)(i). He should not have been able to pass a NICS check with a 6 year old felony conviction.

    It is possible that the place where he was convicted has not submitted the necessary disposition report to the WSP. RCW 10.98.090. If so, it might look like your friend could be "free on bond or personal recognizance pending trial, appeal or sentencing for a felony offense". That would be grounds for denial of a CPL, RCW 9.41.070(1)(e) and should also trigger a NICS denial. 18 US Code 922(s)(3)(B)(i) and (t).

    I agree with the other posts that he needs to get certified copies of the charging documents and the judgments in his cases. That's the only way to know what the outcome of the cases was and what information should be in the system. Next, get a criminal history printout from WSP to see what disposition information actually is in the system. If the forgery was disposed as a misdemeanor but the disposition hasn't been entered, that's your answer. If it was disposed as a felony, your friend is going to have to store his guns somewhere until he gets his rights restored. Once the records are cleared up or his rights are restored he should be able to get his CPL.

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