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    Re: wait 2 years

    Posted by Paul T. Ferris on 10/22/08

    Three years after being convicted of Assault 4th Degree -
    Domestic Violence in Washington State, the offender can
    petition for restoration of the right to possess firearms;
    provided other eligibility requirements are met.

    If the petition is granted, the offender will no longer be
    prohibited from possessing firearms within Washington State
    under state law. HOWEVER, such order will not remove a
    firearm disability under federal law.

    The issue is whether the offense qualifies as a misdemeanor
    crime of domestic violence (MCDV) under federal law. You
    can review an article on this issue on my website.

    If prosecuted under a municipal ordinance, there is a
    possibility that your offense does not qualify. You will
    have to review the applicable statutes and case law, as well
    as the particulars of your case to determine whether you are
    prohibited under federal law. If not, then you should
    proceed with your petition in state court and then submit a
    Voluntary Appeal File application. In the VAF application,
    you will need to establish that your offense does not
    qualify as a MCDV.

    If the issue is a bit overwhelming, retain an attorney who
    practices in this area of law to assist you.

    Posts on this thread, including this one
  • wait 2 years, 10/13/08, by james.
  • Re: wait 2 years, 10/13/08, by james.
  • Re: wait 2 years, 10/22/08, by Paul T. Ferris.
  • Re: wait 2 years, 10/22/08, by Paul T. Ferris.


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