Re: Gun Rights Washington State
Posted by Paul T. Ferris on 9/07/08
John
Juvenile adjudications are not the equivalent of convictions
under federal law.
NICS will deny a transfer of a firearm if the purchaser is
prohibited from possessing firearms under the laws of the
state where the purchase is attempted or under the laws of the
jurisdiction in which the person was convicted.
Your firearm disability falls under RCW 9.41.040, which
prohibits a person from possessing firearms if convicted of a
felony as an adult or a juvenile. Though you petitioned for
relief and obtained a Certificate of Rehabilitation, the feds
will not honor the restoration of rights if the certificate
does not have the correct statutory reference (9.41.040(4)).
Certificate of rehabilitation are referred to under
9.41.040(3); but there was a recent appellate decision that
held superior courts have no authority to grant certificates
of rehabilitation. Unfortunately, many people (includiong
attorneys who are unfamiliar with this area of law) continued
to use these forms they got from clerks' offices.
The order restoring your firearm rights should also
specifically refer to the prohibitive offense, especially if
you have additional criminal history.
On 6/02/08, John wrote:
> I had my gun rights restored in 2007. I have the
> certificate of rehabilitation that states so.
>
> Am I therefor able to legally own firearms and obtain a
> concealed carry permit?
>
> I just want to find out before I go through the hassle of
> applying for one.
>
> Thanks.
Summary of WA Laws on restoring gun rights