restriction to possess firearms

[Mike450r]

but this all must be done before you posess or elsr you get the firearm felony and its game over

Exactly,  and there is already precedent for the ignorance of the restriction not working.  I suggest spending money on a good criminal lawyer to fight the new charge and forget about getting rights restored.

[Knocker of rocks]

In any crime that would fall under the 4473 that would keep you from obtaining a fire arm..you have committed a criminal act. Many assume by getting their case expunged from the system means they have their rights restored. That is a misconception.

What the Feds say (from the link I provided above)

Q: Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?
No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.

So it looks like they are saying, that  the instant an individuals misdemeanor DV is expunged, firearm rights are reinstated.

Not a lawyer

[mazama]

Guy i work with went to renew his cwpermit,was told no because of domestic violence in the 95,i don't thin they told him no weapons.

[mountainman]

You would have to be "convicted"  in order for it to later be "expunged".  When purchasing a firearm, you are asked if you have ever been convicted, not convicted then expunged

[huntnphool]

A good buddy of ours was found with a few firearms and now is facing charges. He says he was not aware of the restriction since he thought he had his rights restored through the courts.

Any suggestions, ideas, comments or good Attorneys that will fight cases like this?

Washington?

[Knocker of rocks]

You would have to be "convicted"  in order for it to later be "expunged".  When purchasing a firearm, you are asked if you have ever been convicted, not convicted then expunged

Not a lawyer, but I think expunged means it never happened

[ICEMAN]

The problem with this type of discussion is that the states and the fed do not apply a universal standard for restricting and/or restoring firearm possession rights. 

In this state, there is no provision for restoring someones rights if they were convicted of a misdemeanor crime of domestic violence. 

[mountainman]

The question on the 4473 is "Have you ever been convicted". Past tense..not current status. And again, if it is expunged, you still have another step to get rights re-instated. Do not assume rights return just with an expungement. Have been down this road with several customers over the years..

[HntnFsh]

The problem with this type of discussion is that the states and the fed do not apply a universal standard for restricting and/or restoring firearm possession rights. 

In this state, there is no provision for restoring someones rights if they were convicted of a misdemeanor crime of domestic violence.

Something must have changed then. Because there used to be. I think you may be wrong about this.

[ICEMAN]

In my experience, someone from Washington can get a domestic violence assault (gross misdemeanor) conviction vacated from their record, but this does not restore their firearms rights. The vacate only removes the conviction from the view of the public when they pull a criminal history on them. Law enforcement etc...can still see the DV firearms restricting conviction....

There are three things we are talking about here, Vacate of a record (hide from public view), Expungement  of a record (like it never happened), and Restoration of gun rights.

[runamuk]

You would have to be "convicted"  in order for it to later be "expunged".  When purchasing a firearm, you are asked if you have ever been convicted, not convicted then expunged

Not a lawyer, but I think expunged means it never happened

Expungement is a method for cleaning up your criminal record.  This procedure reopens your criminal case, dismisses the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your record.

from this site........just a quick find

http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

expungement does not always restore gun rights and restoring gun rights are handled differently in different places.....no idea on lawyers for the original poster.

[mountainman]

Yes, thanks for the link Run

[RifleRidge]

  Thank you for all the comments and suggestions... 

[HntnFsh]

In my experience, someone from Washington can get a domestic violence assault (gross misdemeanor) conviction vacated from their record, but this does not restore their firearms rights. The vacate only removes the conviction from the view of the public when they pull a criminal history on them. Law enforcement etc...can still see the DV firearms restricting conviction....

There are three things we are talking about here, Vacate of a record (hide from public view), Expungement  of a record (like it never happened), and Restoration of gun rights.

I understand that. But you said there is no means of restoring someones rights if they are convicted of a DV crime. But I'm sure there is. But you have to petition the courts for it. I believe it has to be a certain # of years before you can do it.

I think what you mean to say is that your rights arent automatically restored by having the conviction expunged. And I'm sure that is correct.

Another thing I have heard is that is extremely hard to get your record expunged in Wa. anymore. Dont know if thats true or not.

[runamuk]

from a legal website(law firm) http://www.domestic-violence-lawyers.net/washington/dv-penalties/firearm-gun/possession-eligibility

A mandatory consequence resulting from a DV conviction in Washington state is the loss of your right to possess a firearm.  Unlike other sentencing conditions imposed by the court, the prohibition against possession of firearms has no expiration date and is permanent unless or until the individual successfully petitions the court for reinstatement of this right,  Additionally, no exceptions are made for those who must carry a firearm for employment purposes (i.e. law enforcement, military personnel).  Pursuant to RCW 9.41.047, at the time of conviction for a DV offense, the court must both orally and in writing notify the defendant "that he must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record."  This is a very complicated are of domestic violence defense and gun law.