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Transferring or purchase & Concealed Carry Permit

1K views 13 replies 7 participants last post by  Popeye 
#1 ·
Hello,
I am new here and have some questions. My husband has always been into guns collecting, use etc. so I have also begun to have a passion for them as well. I decided it would be time to buy my own and get a Concealed Carry permit. So I attempted to purchase a handgun in Spokane, WA and was denied due to having a Juvenile felony 21 years ago of theft 2, Class C. This was a deferred adjudication and was dismissed 7 months later. Well my ignorance I thought this was gone and also forgot about it to be honest. I have not had any other convictions since then and wonder what I should do. I am hoping i could just seal that record and that would reinstate my right to own a weapon, but do I need to do both seal and request my rights to be restored? I would like to take care of this quickly and really thought since it was dismissed it was gone and they could not hold it against me. If someone could provide some guidance or ideas that would, be much appreciated.

Thank you,
Schmidtt
 
#3 ·
Thank you for replying. I was not going to rely on any advice given, just wanted to see responses then ultimately make my own decision where to go from there. I have spoke to a few lawyers and have gotten mixed messages. I have been told I can seal my records for 1000.00 and that pretty much makes it as the crime never happened and on the denial letter from the Sheriffs office it states I can send proof of pardon etc. Then I have been told I can have the courts do it for 100.00 when calling them. I also have been told I need to do both for 2000, as well as just the restoration of rights is all that needed. I am just so confused and would hope to get some honest insight. Needless to say I am reluctant to really trust some lawyers and what they have to say, because some seem to just want the money and whatever will get them the most. So I am doing what I feel I do best and that is researching this and obtaining other peoples thoughts, ideas and opinions on the matter. I appreciate your concern but am hoping to get more advice than what you have stated, I also state guidance and ideas, not legal advice. Thanks again. :)
 
#4 ·
This is my experience with a similar situation, I'm in Florida. I'm 63, was out of the gun stuff since I was a teenager. A few years ago I went to buy a pistol, I was denied. I have to write to the state and ask why. It was due to a felony arrest in 1972. I was 17 and took a guys dirt bike and got arrested for felony larceny. In the end I was convicted of a misdemeanor. The whole thing was supposed to be sealed as I received juvenile offender status. Apparently, everything was sealed except the arrest, which is why I was denied. I had to write to NYS and get the court records, which was a major PITA. But I got the court records that showed it was a misdemeanor. Then I had to send that to the state. Since then, I have been denied a couple times for the same reason and I have to tell them to read their notes. Most of the time it goes ok. I have my CCP, and I've still been denied. I did all this without an attorney. Florida told me what I needed. I called NY, and they told me what I had to do. So I just followed their instructions and got it all cleared up. Buy I'm in Florida, it might be different in WA.
 
#5 ·
Assuming you still live in the court district where it all originally happened, I expect you can go into the court and they can give you some guidance. Most of the time, the court clerks are very helpful. Sometimes, they'll even let you talk to you a judge about it.

If that doesn't get you what you want, then an attorney should be able to help you out. Part of the reason you may be getting different answers from different attorneys is because they aren't going to look at your file and your records until you pay them so they're just guessing at this point.

My understanding is that what you do as a minor is usually erased when you turn 18 unless it's a truly heinous act.

--Wag--
 
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#7 ·
Thank you both for your responses. I too thought when I turned 18 it would seal. But apparently not. Plus the fact it was dismissed I thought there would not be any problems. I also have heard around that time juveniles gun rights were taken away improperly at times, I dont know a whole lot about that and am curious about it.
I just want my gun rights back and never thought something that was dismissed 21 years ago that was as little as theft would not allow anyone to obtain a gun when that is the only thing on their record. Makes me sad that I am considered a felon. 😞 I just want to get it taken care of asap but dont bave thousands of dollars to spend on it.
 
#8 ·
Another avenue for information about how to fight this would be a district justice. The ones around my little town are very helpful with talking about the law. They will absolutely NOT give legal advice but they will discuss the laws. Knowing what you have to do will help you to decide if a lawyer is worth while or if you can do this yourself. In Washington I do not know what if anything can be done. The law varies from state to state.

You will want to look into the exact felony and its maximum penalty AT THE TIME. If you could have been jailed for more than 1 year at the time of the offense then that is the snag. It does not matter what the final adjudication was what matters is what it could have been at that time. If the maximum penalty for this offense was less than one year at that time then this should be easy to clear up. If it was possible that you be sentenced to more than 1 year then you may need a lawyer and a fighting spirit to get your rights back.

I'm not a lawyer so I do not know what Theft 2 Class C means. I know that stealing a kids bike and stealing a car are two different things, but that is about all I know.

This would be exacerbated if the offense was in any way related to domestic violence.

I hope it all works out the way it should.
 
#9 ·
Thank you for replying and thanks again everyone else. I hope this does work out for me as well. All the information I have required since looking into this it seems I should be able to get my rights back. I think I may reach out to the Sheriffs office who denied me and talk with them about getting my records sealed and how that should mean that this never took place and no conviction there. It is just so odd that it stated dismissed but you still are considered a felon because you were convicted.
 
#10 ·
If this was just for the CCP then you may have the same fight to fight with the ATF. What ever you do, I mean what ever you do be sure that when you fill out form 4473 at the gun store you tell only the truth, the whole truth and NOTHING but the truth. Trying to fudge past the 4473 is an absolute guarantee that you will never own a gun lawfully. Even after you get out of prison. The ATF has no sense of humor about their job.

If you have already purchased a gun and experienced no issues with the ATF that may go a long way to helping you get your CCP. In PA ( My State ) the application for the CCP is the 4473. My opinion is that any one who can honestly pass the 4473 should be issued a CCP upon request.

I don't know if Washington is a " shall issue " or a " may issue " state. A Shall Issue state puts the burden of proof on the state. In other words the permit is already yours unless the state can show good cause why you should not have one. In a May Issue state you are exposed to the variances in the political climate. The Sheriff can decide arbitrarily if you get a permit or not. The burden of proof is on you in that you have to prove you are worthy or have a need for the permit.

If Washington is a May Issue State and the Sheriff has liberal leanings you may have a long hard fight for that CCP. You may not be fighting a system but an entire political mind set. I do not mean to discourage you but I just wanted to warn you about the worst case scenario.
 
#11 ·
Washington Iis a shall carry. I attempted to buy a firearm and was denied by the sheriff because of the dismissed felony. They are requesting I show them it was sealed and I will be able to get my pistol.
I did in fact already get a shot gun about 2 months back but thankfully I dont have it anymore because I was then worried about that. Ugh.. It's odd I was able to get a shotgun but not a handgun, well now that I am learning more about this it's not too odd. I am to scared to tell the sheriff I was able to purchase a shotgun because of the felony that is being sealed but I had no idea I still had it in there from 21 years ago. My mistake in thinking it was sealed on its it's own.
 
#12 · (Edited by Moderator)
Denied for sale because of the Sheriff? OK see Washington is different from PA. Do you guys have a waiting period on hand guns? I am used to dealing with a different set of rules. The laws from state to state are very different.

If it was the Sheriff and not the NICS or ATF that stopped the sale getting that cleared up should be pretty easy. If the NICS did not raise a flag I see no reason why the Sheriff should. I also thought that juvenile records were sealed automatically when the person turned 18. The exception to that is capitol crimes or if you were adjudicated as an adult.

Check that part out, as I said Washington laws are different. If the seal was automatic then the Sheriff is abusing his power. If the seal was automatic how did he get those records? You may have more grounds for a suit against the Sheriff and the local courts than I first thought.

A shot gun is a different type of fire arm and the rules here are very different than buying a hand gun. I can buy a shot gun off of a neighbor with out going through the 4473. Just hand him the cash and he hands me the shot gun. Lawful done deal. You can not do that with a hand gun lawfully. Every hand gun sale has to go through a Federal Firearms Licensed dealer. Known as an FFL. Any sale of any fire arm by an FFL does require the 4473. That is how it is here Your Mileage May Vary.

I am very interested in how this all turns out even though it is really nunama. Nunama bidness. Please update us as you learn more. Thanks.
 
#13 ·
We do have a 5 day waiting period. It should of been sealed and that is what I was told when this incident took place. I am hearing a bunch of different things when calling the courts as well, such as the record was destroyed and then I was told I dont know who told you that cause that is not right it is not destroyed. I have someone from the juvenile records dealing department looking into what may of happen and they will be getting back to me soon. From what I am hearing since it was a juvenile case it can be closed for free so we shall see what actually takes place since I keep hearing different things.
I definitely will keep you updated. This is stressing me out a bit that is forsure. It is pretty disheartening to feel the county I live in feels I am a felon which i have not been into trouble since then which was 21 years ago and if i knew what i know now I would of never let them charge me for what they did because I was a kid with no criminal history what so ever and was guilty by association and got felony theft and took nothing. I just happen to be outside waiting with my boyfriend at the time and got accused of the same thing they did.. so frustrating to have to be dealing with this now when the entire thing was dismissed. I certainly do not feel I had a public defender at that time that was looking out for my best interests as a child or an adult for that matter. We shall see what comes of this all.
Have a good night.
 
#14 ·
I lived in Washington State from the mid 1970s through the mid 1990s. Therefore, my knowledge is not current.

The last I knew, juvie records are not automatically sealed. It must be requested they be sealed. Then the process is almost automatic. You'll need the case # to make the request at the Court that dismissed the charges.

Unlike California, Washington does not have an independent background check capability. They rely on the NICS. Local law enforcement has nothing to do with it. All they can do at this late date is muddy the waters.
 
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