Notice to Oregon residents who are prohibited from possessing firearms in Washington State because of prior criminal record.
I am an attorney in Washington State whose practice focuses on gun rights. The majority of my clients are persons seeking to remove a firearm disability because of prior criminal records.
I am interested in challenging a recent amendment to Washington firearm laws (RCW 9.41 et al) restricting where a petition to restore gun rights may be filed. The amendment, effective July 22, 2011, requires petitions to be filed in the county of residence or the county of prosecution resulting in the loss of gun rights.
While prohibited persons who reside in, or have prohibitive convictions in, Washington state may file a petition for relief from the disability imposed under state law, the statute is silent as to venue for nonresidents who are prohibited under the laws of Washington state because of a conviction in another state. The result constitutes a violation of the 2nd and 14th amendments to the U.S. Constitution.
One must have standing to challenge the law. In other words, only a person who falls within the category of “nonresident with out-of-state prohibitive conviction” can challenge the law. I am seeking an individual (one qualifying person) who falls within this category so that I may file a petition on his or her behalf. This is not a class action case
I am not seeking compensation for legal services in connection with this issue. Legal services would be limited to removing a firearm disability imposed by RCW 9.41.040 and guidance for following up with a Voluntary Appeal File application if desired.
Be advised that persons convicted of a sex offense or convicted of a felony punishable by a maximum term of 20 years or more are ineligible to petition for relief in Washington.
Restoration of the right to possess firearms by a superior court of the State of Washington for an out-of-state conviction does not remove a firearm disability resulting from operation of federal law or the laws of other states.
nterested parties may contact:
Paul T. Ferris
Attorney at Law
105W 5th Ave., Suite 108
Ellensburg, WA 98926
ptferris@washrecord.com
www.washrecord.com