Laws about felons and gun rights

[bigtex]

OK that clears that a little,Now back to my last question, If you qualify under the federal laws (section 33)and get your rights back you are not prohibited any longer state or federal right?

Its a tricky situation right now.

There is a federal lawsuit filed by Wyoming because they have a law similar to WA. In WA you can have your conviction vacated, however that does not meet the definition of "expunged" or "set aside" under federal law. So if you've been convicted of misdemeanor DV in WA and had your firearm rights restored under state law and even had your conviction vacated under state law, you are federally still prohibited from possessing firearms.

Wyoming is suing the feds to essentially say a vacation (or whatever the term is in their state) should meet the definition of expunged or set-aside.

So easy way to say it is, in WA (and many states) there is no way to get your firearms rights back under federal law for a misdemeanor DV conviction.

http://firearmslawyer.net/blog/index.php/all/2013/07/17/p151
http://www.ca10.uscourts.gov/opinions/07/07-8046.pdf
http://www.wadefense.com/criminal-defense/gun-rights

[stevemiller]

Actually in WA. there is no way to have any conviction erased.And another point it is easier for a person to get the gun rights restored for a felon than it is for a DV. conviction in some cases.Because of the Lautenburg Ammendment,It doesnt include felonies.

[bigtex]

Actually in WA. there is no way to have any conviction erased.And another point it is easier for a person to get the gun rights restored for a felon than it is for a DV. conviction in some cases.Because of the Lautenburg Ammendment,It doesnt include felonies.

That is correct and that is the reason why the feds don't honor Washington's "vacation" of crimes. In order for it to meet federal standards the state conviction must be totally erased. Since under WA law prosecutors can use previous vacated crimes in sentencing of new crimes, it doesn't meet the standards of being federally expunged.

And yes it is easier to get firearms rights restored federally for felony DV then it is misdemeanor DV.

[JJB11B]

As long as you maintain positive control of the weapon and the felon is not in physical posession of a weapon you are good. Just make sure he doesnt touch your guns and dont leave him in a vehicle with guns in it....

[mazama]

A guy i work with went to renew his cwp,was told no because of a domestic dispute with his girlfriend 18 yrs ago,was told a new law was passed,but he was not told he couldn't have guns,he just wasn't going to get new permit.

[The Weazle]

An argument with your wife in which the cops are called, one of you are going to jail!  The person going to jail will lose firearm rights.  Those rights are so hard to get back you might as well give your guns to your family members and take up archery hunting for life.  I'm in the military, and a loud argument in housing will get the MP's called.  They come, take you to jail, turn you over to the state, and you can't even have a gun for your duties in the military anymore.  I've seen it dozens of times.  Best thing to do is just calmly leave the residence and go stay with a friend.  Especially if you've been drinking.  Don't drive, just call a buddy and have him or her pick you up and leave.  One argument where you get loud can leave you firearm less for life!  Best thing to do in all is not argue but we all know there is no perfect world!


Sent from my iPad using Tapatalk

[bowbuild]

An argument with your wife in which the cops are called, one of you are going to jail!  The person going to jail will lose firearm rights.  Those rights are so hard to get back you might as well give your guns to your family members and take up archery hunting for life.  I'm in the military, and a loud argument in housing will get the MP's called.  They come, take you to jail, turn you over to the state, and you can't even have a gun for your duties in the military anymore.  I've seen it dozens of times.  Best thing to do is just calmly leave the residence and go stay with a friend.  Especially if you've been drinking.  Don't drive, just call a buddy and have him or her pick you up and leave.  One argument where you get loud can leave you firearm less for life!  Best thing to do in all is not argue but we all know there is no perfect world!


Sent from my iPad using Tapatalk

This is the reason I am so dead against DV laws taking your gun rights. I think every person who believes in "gun rights" which are a privilege now through carefull manipulation, should be up in arms about this topic. Your right to "bear arms" has been turned into weapon against us, and we tolerate it...pathetic. What's ironic is gun lobbyists support such laws.

If a gun is used in ANY way during a DV your rights (I mean privlege) should be revoked.

Bowbuild

[Lincoln4]

An argument with your wife in which the cops are called, one of you are going to jail!
Sent from my iPad using Tapatalk

Don't know about the MPs, or being on base for said argument, but an argument is hardly going to get you taken to jail in the civilian world.  If it were true, we'd be spending most of our shifts in the booking area... 

[The Weazle]

An argument with your wife in which the cops are called, one of you are going to jail!
Sent from my iPad using Tapatalk

Don't know about the MPs, or being on base for said argument, but an argument is hardly going to get you taken to jail in the civilian world.  If it were true, we'd be spending most of our shifts in the booking area...

Check the law.  If an officer is dispatched for a domestic argument/ fight, one person is sure as hell going to jail.  It's the law so that no one dies after the cops leave.


Sent from my iPhone using Tapatalk

[Rainier10]

 

[Lincoln4]

An argument with your wife in which the cops are called, one of you are going to jail!
Sent from my iPad using Tapatalk

Don't know about the MPs, or being on base for said argument, but an argument is hardly going to get you taken to jail in the civilian world.  If it were true, we'd be spending most of our shifts in the booking area...

Check the law.  If an officer is dispatched for a domestic argument/ fight, one person is sure as hell going to jail.  It's the law so that no one dies after the cops leave.


Sent from my iPhone using Tapatalk

I've been checking the law for over 21 years.  Please check the Revised Code of Washington 10.31.100, specifically section (2)(c).  Hopefully we are just arguing the difference between words (argument and fight/assault).  You and the significant other can argue all you want (Unless you might be violating a noise ordinance!).  Unless there's PC for a crime it's unlikely anyone will go to jail.   

[Lincoln4]

http://apps.leg.wa.gov/rcw/default.aspx?cite=10.31.100

[The Weazle]

Thanks for the link.  I have never seen an officer, military or city/county/other show up to a domestic dispute and not arrest someone.  This town is probably the worst for it, but for good reason.  A few (like 10 or more) years ago, and guy and gal got into an argument, the cops came, decided everyone was calmed down and left, then he killed her.  I know a lot of people that can't have guns, or use guns to do their duty due to an argument with the wife when the neighbor called the cops…I don't fault the cops for arresting the guy, but I think the law should be changed for people to get their rights taken for an argument.  If there isn't an actual "fight" or assault, why does that guy lose his gun rights.  If you and I get into a fight, and one of us goes to jail, is it a felony?

[ICEMAN]

Thanks for the link.  I have never seen an officer, military or city/county/other show up to a domestic dispute and not arrest someone.  This town is probably the worst for it, but for good reason.  A few (like 10 or more) years ago, and guy and gal got into an argument, the cops came, decided everyone was calmed down and left, then he killed her.  I know a lot of people that can't have guns, or use guns to do their duty due to an argument with the wife when the neighbor called the cops…I don't fault the cops for arresting the guy, but I think the law should be changed for people to get their rights taken for an argument.  If there isn't an actual "fight" or assault, why does that guy lose his gun rights.  If you and I get into a fight, and one of us goes to jail, is it a felony?

Here is my experience;

There is no law which states that a LEO must arrest for every DV call they respond to. The call has nothing to do with what is observed and investigated in the field. LEOs often have no PC for an arrest for either person.

Nobody is going to lose their gun rights for an arguement. Period.

Gun rights are only lost after a conviction for a crime of Domestic Violence, not a report of DV.

Not all assault convictions result in the loss of gun rights. If "you and I" get into a fight, neither of us will lose our gun rights.....unless we live in a Domestic relationship, or the crime results in a conviction of Assualt 1, 2 or 3 (all felonies). Assault 4 is the level of conviction that you will not lose your gun rights over, unless it is a DV conviction. 

[Lincoln4]