Legal Question in Criminal Law in Washington

i was convicted of ass 3 in 1998 lost my firearm rights my question is i know i cant get it expunged but im in process to have my gun rights restored doc has signed off if and when i get rights back will i be able to get cpl my understanding is yes i will go in front of a judge in 2 or 3 weeks ive also payed off restitution 10 years ago can felons own /carry firearm in wash state ? any other states ?


Asked on 11/28/09, 4:53 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Assault 3rd degree cannot be "expunged"; nor can it be vacated. Regardless, neither of these remedies is relevant to restoring the right to possess firearms.

While DOC may sign a pleading concerning a certificate of discharge, DOC has nothing to do with restoration of the right to possess firearms under Washington state law.

You will need a certificate of discharge to be clear under federal law. A certificate of discharge restores core civil rights; it does not remove a firearm disability under Washington state law.

"If" you successfully restore your right to possess firearms under Washington state and federal law, you will be clear to possess firearm in other states UNDER FEDERAL LAW. Generally, if you are clear in Washington and under federal law, you will be clear in other states, but you will have to review the laws of any state in which you desire to possess firearms.

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Answered on 12/03/09, 12:50 pm


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