Legal Question in Criminal Law in Washington

domestic violent charge 1987

I tried to buy a hand gun, was turned down, dec4 1987

was arrested booked released on Own Rec. given what amounted to a citation. $75.00 fine

Paid the citation and now I have A CRIMINAL RECORD And cannot posses firearms.

Washington State expongement of record.

How difficult ?


Asked on 3/04/04, 3:21 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: domestic violent charge 1987

Your 1987 offense is likely recorded as a conviction, which results in a firearm disability under federal law (Lautenberg Amendment). You are not prohibited from possessing firearms under WA state law as a result of this offense. You can legally possess muzzleloaders.

You have two remedies: (1) obtain a pardon from the Governor' Office and (2) appeal the NICS denial and pursue a determination that the 1987 offense does not qualify as a "misdemeanor crime of domestic violence" under federal law. Specifically, you have to establish that you (a) were not reprresented by an attorney or did not waive your right to an attorney and (b) did not have a trial by jury or did not knowingly waive the right to a jury trial.

From you description of the disposition, i.e. paid a fine only, you may be able to argue that you simply forfeited bail (this is not related to being booked and released) and you were not convicted.

At a minimum, you should appeal the decision. It may be a long and bumpy road, but it may also be your only remedy.

On a final note, you should contact your U.S. representatives and urge them to support efforts to repeal the Lautenberg Amendment.

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Answered on 3/04/04, 4:09 pm


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