Re: Restoring Gun Rights Washington State
Posted by Paul T. Ferris on 3/19/09
DO NOT FOLLOW THE PREVIOUS ADVICE. The Lautenberg Amendment
possession of modern firearms and ammunition. While there is no
background check required from a non FFL seller, the law
prohibiting possession by, or transfer to, a prohibited person
still applies. Note also that although the prohibitive offense
is a misdemeanor, unlawful possession is a felony.
The options for relief are an unconditional pardon or an
expungment (some judges have signed such orders despite the
existence of statutory authority). Admittedly, both of these
remedies are nearly impossible.
What many people do not realize is that not all
misdemeanor "domestic violence" assaults qualify as a
prohibitive offense under federal law. True, most do; however,
there are some, particularly old offenses prosecuted under a
municipal code, that fail to qualify.
On 3/14/09, -- wrote:
> On 3/14/09, Mallorie wrote:
>> Hello. If you are still responding to this string I would
> love
>> your input on a situation I'm trying to help resolve. My
>> boyfriend had a Domestic Violence charge against him several
>> years ago. He's already petitioned to the superior court for
>> his firearm rights to be restored and that was granted. What
> I
>> have been trying to research is how to restore his rights on
> a
>> federal level because he is still not allowed to purchase a
>> firearm legally. He hasn't had any other convictions that
>> effect his firearm rights. The only thing I have found that
>> may work is to petition through the governor for clemency and
>> pardon. Or to try to have the DV charge expunged from his
>> record. Do you know if there is another option as well? The
>> petition for clemency seems to be for more extreme cases such
>> as sex offenders or those on death row. Your input would be
>> appreciated and in no way taken as legal advice. Thank you.
>>
>> Mallorie
>
> Check your local requirements for private party purchase. The
> federal restriction/background check is on purchase from a
> licensed gun dealer (FFL). If he may legally possess a
> firearm in Washington state, he should purchase a firearm from
> a private party. No federal background check is required for
> purchase from a private party.