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Re: Restoring firearm rights in Washington
Posted by Wetdog on 10/30/08

    On 10/30/08, -- wrote:
    > On 10/29/08, Wetdog wrote:
    >> Thanks for your response, but I'd still like to know what "Full and Unconditional Pardon"
    >> means in Washington State. That language, at least to me, suggests that a 'finding of
    >> rehabilitation' has been made in that the pardon doesn't specify any conditions. Also, if
    >> the AG's opinion is just that, why does the WSP still hold that a pardon doesn't restore
    >> firearm rights unless it contains the 'finding of rehabilitation' language? Maybe it will
    >> take a court case to determine these things, but I can't afford to take it on just to
    >> satisfy my curiosity. Here in Oregon I can buy a gun any time I want and I have a CHL.
    >
    > "Full and absolute pardon" is not a precise legal term. It may mean something different in
    > every state and the fed system. Nixon got a "full and absolute pardon" which in that case
    > was given even before he was convicted of any crime. That is the most extensive "full and
    > absolute pardon" I've ever heard of.
    >
    > I haven't had time to research the Washington State pardon statutes yet. I did notice that
    > the power of the governor to pardon is included in the state constitution. This weekend
    I'll
    > see if I can find out what "full and absolute pardon" means in Washington State.

    It seems I've piqued your curiosity as well. In my petition to the Clemency and Pardons Board
    I requested that the "finding of rehabilitation" language be included in the pardon, should I
    be fortunate enough to receive one. The Governor granted the pardon as "full and
    unconditional", but didn't include the rehabilitation language. Almost immediately I
    contacted her general council to see if the pardon could be annotated or ammended to include
    the language, but that request hasn't gone anywhere. As I mentioned, I've been cleared by
    NCIC and NICS to purchase a firearm, but that's based on the pardon alone. The Feds don't
    require the rehabilitation language, but the State of Washington apparently does.

    As an aside, the State of Oregon never recognized my 1967 possession of marijuana conviction
    in Washington State (ORS 166.270 [3]{b}). So, firearm ownership has always been legal for me
    here, but I couldn't purchase a gun from an FFL dealer because my conviction in Washington
    State had triggered NCIC/NICS. In addition to hating the fact that I had a felony conviction
    on my record I wanted to be able to process a purchase through NICS, so that's why I finally
    pursued the pardon. Thankfully, I was granted my request.

     
     

 
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