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J

joe w

Guest
What is the name of your state?WA.

Hello all, I'm new to this forum and let me say this is a nice thing you all do here. Well the question I have is , I have a friend that lives in Wa. state and he had a guy come to his house to servre him some papers and the guy did'nt say who he was and as I was told just walked into my friends house with out being invited. My buddy and his family was shock to see this guy just wake into there home so my friend told the guy to get out to which the guy refused so my friend made him leave. Being a bit freaked out by this he asked the guy to get out of his yard to which the guy again refused so he weht and got a gun that was in his house and told the guy again to leave to which the guy refused so the cops where called nd when they got there he was arrested for having the gun. He is a exfelone for something he did when he was a younger man but now he lives a good life and has a very good job as a architect and so I find this very unfair that because he has a record he does'nt have the right to protect his family. I think they charged the guy that came to his place with something like unlawful entry and trespassing but my friend was charged with being in possesion of a firearm. he had to post $2500 bond to get out. From what he and I understand the papers he was being surved were for satelite theift. he is a mod at a site and he posted a video that someone gave him and because of this they say he stole satelite signals, so in opinion this is even a boguss charge. I feel the guy could have gave the papers to a sheriff and all could have been avoided but because of this guys arrogates my friend now faces charges for just wanting to protect his family. So I ask what rights does my friend have, 'cuase I feel this was something done to him were he had to do given the circumstance. Thanks for the ear and what ever advice given. I myself am Canadain and find this all very strange that he would'be charged for protecting his family regardless of his past as a kid.
 


rmet4nzkx

Senior Member
If your friend was convicted of a felony they are prohibited from some things such as possesing a gun. If he was a minor at the time of the offense and in some other cases a record can be expunged, If your friend is a professional and hasn't had his record expunged there may be some reason for it because most would take advantange of that option if it applied to his crime, it also sounds like you are not getting the whole picture. If it is expungable and he hasn't don't that it may be too late but none the less here is informaiton on Washington State : Criminal History and Criminal Records. A Guide on When and How to Challenge, Seal, Vacate or Expunge. June 2004 State of Washington: ...
http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.criminal&altMenu=crim
Criminal History and Criminal Records
A Guide on When and How to Challenge, Seal, Vacate or Expunge
June 2004
State of Washington

* Criminal Justice Records
* Court Records
* Law Enforcement Records
* Glossary
* Governing Statutes and Regulations
* For More Information
 

kenh666

Junior Member
OK,
I'm the friend, The main question is the definision of a gun (firearm) What I had was a 1851 Naval Black powder revolver and I was under the impresion that the BTF did not concider black powder guns firearms. I'm I incorrect in assuming this?
The definision in the WA. law book that the police quoted to me, made a roman candle a firearm.
 
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J

joe w

Guest
kenh666 said:
OK,
I'm the friend, The main question is the definision of a gun (firearm) What I had was a 1851 Naval Black powder revolver and I was under the impresion that the BTF did not concider black powder guns firearms. I'm I incorrect in assuming this?
The definision in the WA. law book that the police quoted to me, made a roman candle a firearm.
So can anyone here help my friend?
 

CdwJava

Senior Member
Try this link:

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=9.41

9.41.010 (1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

9.41.010 (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.


The 1851 revolver is definitely a firearm by their definition, but whether it is lawful to carry anywhere ... well, you can do the checking.

Carl
 
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kenh666

Junior Member
Thank you Cdwjava. I appreciate the help in this matter. I was given this pistol by my father-inlaw, who is a member of the NRA, and I mentioned to him that I was a convicted felon and I couldn't own one. He then explained to me that the black powder pistol was not considered a firearm by the BTF. I just assumed he knew what he was talking about since anyone who is over 18 can purchase one without any background check. I looked at the site you posted as a link and read a lot. It is still unclear to me whether or not I have any way out of these charges. I do intend on hiring an attorney, I would like to know for my own peace of mind though.
Once again thank you for your help.
 

CdwJava

Senior Member
Ah ... that's a good question. Well, it IS a firearm. Whether WA state views it as a violation of law for a convicted felon to be in possession of one is iffy. I believe it would be in CA ... but I am not positive on that.

My suggestion would be to contact the Washington State Patrol or the Attorney General's Office and see if they have any references for you. And maybe even the Department of Corrections. These numbers should be in your local phone book. One of them is bound to have a good answer for you ... or can direct you to the right place.

I have three black powder pistols myself - all reproductions, however (no originals) ... but one is an 1851 Navy Arms revolver. Personally, I am not aware of any crimes that have ever been committed by anyone carrying one of these weapons, but, as they are still "firearms" I can see why they might prohibited for you. Though, there MIGHT be an exception.

Good luck.

Carl
 

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