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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Unlawful Possession of a Firearm

    My question involves criminal law for the state of: Washington.

    I was arrested on 4-20-12 due to a 911 call by my delusional father, that led to me being arrested for being a felon in posession of a firearm where i spent 3 days in police custody(weekend). I am not a felon, but had 2 gross misdameanors that were entered into the database by my Probation officer as felonies by mistake 8 years ago. My record has since been vacated as of 6-5-12, and my firearms have been returned, I assume though that my arrest from 4-20 is still there.

    What recourse do I have in the way of compensation? My father believed that I was going to murder suicide, or just plain got scared of my reaction to his seemingly unstable mental condition. He scared me nearly to the point of self defense.

    The stress of the situation activated my bi-polar and caused me much distress. I was hospitilized for 34 days involuntarily due to my mania. I have since recovered, and am doing well. I just want my record cleared, and my 3 1/2 days back.

  2. #2
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Unlawful Possession of a Firearm

    I'll take a shot at this.

    What were the "gross misdemeanors" you were charged with eight years ago? If it was family involved then the following code may apply.

    RCW 9.41.040 (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.


    "(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

    (i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
    Further, have you been involuntarily checked in to a mental hospital previously? Because if so, this section would apply

    (2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

    (ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;
    If it didn't apply before, it probably does now.

    If the sections don't apply in your case, you'll probably have to take a trip to the courthouse to straighten out the mix-up you claim they have in their system

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Unlawful Possession of a Firearm

    What record would you like cleared? The arrest was valid. If you feel that your status as a felon is invalid, I'm confused. The PO does not enter that into LEADS, clerk info or in the police report. So, who wrote that up? The 3 1/2 days, how do you expect to get that back?

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