CWP/CPL firearm license wrongfully refused??? help?

normstorm said:

(snip)

The reason I was denied is because even tho I have not been charged with Domestic Violence according to the judge-prosecutor-lawyer-clerk-and pretty much any piece of document on this planet, according to the lady at the Sherrifs Office the incident occurred at a residence where it is considered a "DOMESTIC" and because I was friends at one point with one of the victim and that in her field this would be considered a DOMESTIC ASSAULT= Assault 4 (DV). This occured at someone elses residence!!!

(snip)

So I went back with the court Docket which the court provided certified for free (clerk lady felt bad for me) showing step by step what happened in court and it clearly stated Assault 4 (NON-DV) in bold, letters!!!


I took that Docket to the lady in charge, She looked over it and basically shook her head and said I have all this, but you need to understand that there is nothing I can do unless you go to the Clerks Office and request to have your gun rights restored!, so I went and was instantly told that I do not Qualify because I have no felony convictions or any case numbers that would indicate Domestic Violence!!!.....

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Not according to the OP.

I would assume the courts have the ability to modify charges to such an extent to dis-clued a DV tag on, if they so wished.

normstorm said:

The reason I was denied is because even tho I have not been charged with Domestic Violence according to the judge-prosecutor-lawyer-clerk-and pretty much any piece of document on this planet, according to the lady at the Sherrifs Office the incident occurred at a residence where it is considered a "DOMESTIC" and because I was friends at one point with one of the victim and that in her field this would be considered a DOMESTIC ASSAULT= Assault 4 (DV). This occured at someone elses residence!!!

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Curious was there a victim or victims? and do you actually fall with in RCW 10.99.020 Definitions.

It is not the clerks place to determine if it might have fell with in the law defining DV, that is left to the courts.

UPDATE: called sherrifs requesting to speak to person in charge.

I spoke to a couple attorneys recommended to me. Things only got worse, and looks like I fell into a deep hole thanks to poor Legal representation during the trial on this Assault Charge!

Courts never "Amended" my charge, but according to the officer she "caught" that but that has nothing to do with her decision.

" Her decision comes from the contents of my file" which I believe is not her job to judge and base he decision off of.

I am still waiting to hear back from a attorney on all this.... once again Sheriff Department has urged me not to be around guns. :banghead:. I have pressed, and insisted I need to speak to someone higher and above in the office, but have not been given that right.




Docket

Charge
1 10.16.010 Assault IV GUILTY

Charge one is DV-related


DCM/ EMV2- Defendant presents without counsel. the court entered statement of defendant on plea of guilty to the charge as amended (to NON-DV)
Findinf judgment if guilty for CHARGE 1.


10.16.010 Assault.

A. A person is guilty of assault if, under circumstances not amounting to assault in the first, second or third degree, or custodial assault, as those offenses are defined in RCW Chapter 9A.36, he or she assaults another.

B. Assault is a gross misdemeanor. (Ord. 1360-87 § 1, 1987)

now both the courts, prosecutors, judge, lawyer, myself knew that the DV initially did not apply to this investigation because I did not commit DOMESTIC VIOLENCE, that's why the prosecutors offered me a plea "assault 4 (non-dv)" and that was the max at the time.... I plead guilty to that, paid $700, 2 year probation...

Sounds like you need to get the transcripts, and a new lawyer to go back through this ordeal.

Best of luck.