Legal Question in Criminal Law in California

Re: Firearms Rights

You are facing several issues.

First, you must determine whether you are prohibited from possessing firearms under the laws of the state of California. If so, you need to pursue relief there.

Second, you need to determine whether your offense qualifies as a "misdemeanor crime of domestic violence" under federal law.

For both of these determinations, you should consult an attorney in California who handles these type of cases. You could also attempt to purchase a firearm and, when (or if) denied, go through the appeal process - the feds will tell you why they believe you are prohibited.

Finally, you must determine whether you are prohibited from possessing firearms under the laws of Washington state. You likely are, as the applicable statutes define conviction as including a dismissal after a period of probation. One issue is whether a "no contest" plea is the equivalent of a "plea of guilty" under Washington law.

If you determine that you are not prohibited under the California or federal law, but prohibited under the Washington law, you will need to pursue relief in a superior court of this state.

Re: Firearms Rights

By filing the appropriate motion and supporting documents with the issuing court, to try to convince the judge that it is in the 'interests of justice' to do so. You'll need substantial documentation of need, good cause, and good citizenship since then. If this is in SoCAL, and you're serious about doing it right, feel free to contact me for the legal help you'll need.

Re: Firearms Rights

You have your work cut out for you. I would suggest you contact an attorney and get some professional assistance. You have three jurisdictions to deal with and each jurisdiction has it's own rules, regulations and laws. Since the original charge and plea took place in California you must first look to California. If under California law you may presently own or possess a fire arm despite your status then you must check the federal law. However, if under CA law you may not own or possess a firearm you must petition the court to have your rights to posses a firearm restored. After that you must determine your status under the federal law. You will need an attorney for this because it is a paperwork hassle. If you clear all that up then you must find out if Washington law prevents you from owning or possessing a firearm. If it does, you will have to go through the process in Washington to get your rights restored. I am unsure of that process since I do not practice law in Washington. I would suggest finding an attorney in California who does this type of law through the county bar association where you were living at the time of the plea. They will probably have contacts regarding the federal issues or be familiar with the federal law themselves. That will give you a good start. Good luck.

Re: Firearms Rights

Yes, there is a process to have your firearms rights restored but it will not necessarily be easy or cheap as you potentially have three jurisdictions and three hurdles to overcome. I suggest you go beyond listing a question on this forum and actually talk to some attorneys. Get a feel for what they can do for you and how much they would charge you.

Feel free to contact my office for additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com