Greetings everyone.
I am experiencing some some issues in obtaining my CWP or CPL here in Snohomish County that has stretched for almost a year now and still cant get a straight answer to what law I have broken, or what RCW Law is holding me back from owning a CPL Legaly!!!
I am a U.S. Citizen
I have no felony convictions
I have no DV convictions or any other conviction listed that would disqualify me from obtaining a CPL.
According to my Lawyer/ Attorney and state guidelines I am eligible to obtain/posses/ and own a Fire-arm, this was tripple confirmed on my sentencing date which was over 3 years ago!!
I do have a Assault 4 conviction on my record from 3 years ago, I was ensured by judge, prosecutor, and attorney that my assault charge wont affect my rights when it comes to owning a firearm because it is non DV or FELONY charge, instead a Gross Misdemeanor which does not affect the Qualification outcome!
I went to the local courthouse where Snohomish County Sheriffs is located and submitted application for a CWP / CPL. About 20 days later I received a letter from the Sheriffs Department saying I was denied.
So on my first day off went in to find out why and this is what the lady in charge of my file told me:
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!!!
Didn't make sense to me? So i contacted my attorney who no longer is in business hoping he could hep! no luck, so I called a Gun Rights Attorney who 3 different lawyers gave me his number and spoke to him. He didnt understand it! After 25 years specializing in restoring gun-rights he said that he has never seen someone denied With a ASSAULT 4 charge.!!!
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!!!.....
So I then went to the sherriffs office again and at this point the lady offered to walk me downstairs to the clerks office and would show me what to fill out!!! same effing form!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :banghead:
few questions.
in wa state, when deciding weather you qualify or not do they go from what the court finds me guilty of, or do they go by what they feel is right (maybe their own view on the evidence) , because I have seen my file in her office, and its about 200 pages of everything in regards to that assault case.... stuff I have never even seen!!! its like she is playing lawyer, cop, judge, and prosecutor at the same time !!!! WTH!!
Second, posting in another thread has led me to this R.C.W. Law:
-RCW 9.41.0975:
part of the law clearly states: (a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
I also thought of going to another county to try a different CWP/CPL Issuer, but then I founf out about this :
-RCW 9.41.070 prohibits you from going to another county and applying for a CPL
what now lawyer up? I cant afford it Iv spent almost a year every month or so looking into this, paying lawyers to look into it only to tell me "go try now".... and still same result DENIED DENIED!!
I want to file a Motion but cant afford it both time and money, with another kid on the way.
any advice on how to tackle this myself would be greatly appreciated.
thanks and happy new years everyone!!!!
I am experiencing some some issues in obtaining my CWP or CPL here in Snohomish County that has stretched for almost a year now and still cant get a straight answer to what law I have broken, or what RCW Law is holding me back from owning a CPL Legaly!!!
I am a U.S. Citizen
I have no felony convictions
I have no DV convictions or any other conviction listed that would disqualify me from obtaining a CPL.
According to my Lawyer/ Attorney and state guidelines I am eligible to obtain/posses/ and own a Fire-arm, this was tripple confirmed on my sentencing date which was over 3 years ago!!
I do have a Assault 4 conviction on my record from 3 years ago, I was ensured by judge, prosecutor, and attorney that my assault charge wont affect my rights when it comes to owning a firearm because it is non DV or FELONY charge, instead a Gross Misdemeanor which does not affect the Qualification outcome!
I went to the local courthouse where Snohomish County Sheriffs is located and submitted application for a CWP / CPL. About 20 days later I received a letter from the Sheriffs Department saying I was denied.
So on my first day off went in to find out why and this is what the lady in charge of my file told me:
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!!!
Didn't make sense to me? So i contacted my attorney who no longer is in business hoping he could hep! no luck, so I called a Gun Rights Attorney who 3 different lawyers gave me his number and spoke to him. He didnt understand it! After 25 years specializing in restoring gun-rights he said that he has never seen someone denied With a ASSAULT 4 charge.!!!
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!!!.....
So I then went to the sherriffs office again and at this point the lady offered to walk me downstairs to the clerks office and would show me what to fill out!!! same effing form!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :banghead:
few questions.
in wa state, when deciding weather you qualify or not do they go from what the court finds me guilty of, or do they go by what they feel is right (maybe their own view on the evidence) , because I have seen my file in her office, and its about 200 pages of everything in regards to that assault case.... stuff I have never even seen!!! its like she is playing lawyer, cop, judge, and prosecutor at the same time !!!! WTH!!
Second, posting in another thread has led me to this R.C.W. Law:
-RCW 9.41.0975:
part of the law clearly states: (a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
I also thought of going to another county to try a different CWP/CPL Issuer, but then I founf out about this :
-RCW 9.41.070 prohibits you from going to another county and applying for a CPL
what now lawyer up? I cant afford it Iv spent almost a year every month or so looking into this, paying lawyers to look into it only to tell me "go try now".... and still same result DENIED DENIED!!
I want to file a Motion but cant afford it both time and money, with another kid on the way.
any advice on how to tackle this myself would be greatly appreciated.
thanks and happy new years everyone!!!!