I have been restoring clients’ gun rights all over Washington State for many years now, and I still hear of a new issue regarding gun laws, firearms rights, and the legal processes that surround them on a monthly basis. A quick glance at the Washington gun rights restoration statute makes it look pretty simple: file a gun rights petition in the Superior Court, and get your firearms rights restored. But things aren’t always as simple as they seem….I am in constant contact with multiple FFLs, I speak with the ATF field agents and staff counsel, and I constantly read the federal and state cases and statutory law on gun rights restoration and other firearms-related issues. If there is one constant in all of those resources, it is this: nothing is certain. State gun laws often conflict with Federal gun laws. Federal statutes and the United States Code having to do with firearms are often at odds with the Federal case law that interprets them. Throw into the mix Congress’ desire to make end-runs on the laws in the books by refusing to fund legislatively mandates procedures, and you’ve got even more confusion. It takes a very deep understanding of the laws and the interplay between the laws to be able to properly analyze a given gun-related situation and give the proper advice to a client about the available remedies and the best way to protect or restore your gun rights.
On more than one occasion I have had clients come to me after getting advice from another lawyer that wasn’t as well read or experienced in the nuances of State and Federal gun laws, only to have received some advice that might not have taken into consideration the entire picture. The same has happened when it comes to forming a gun trust or dealing with background checks for transferring guns in various situations. You don’t want to put yourself in a position where you think you have restored your gun rights, or otherwise protected your right to bear arms, only to have run afoul of another law you were not aware of.
If you are thinking about restoring your gun rights, forming a gun trust or other trust to manage your firearms or NFA items, or have other concerns about the management or transfer of your guns, call the GREEN LAW OFFICE to discuss your gun-related issue with an attorney that dedicates himself to understanding and properly navigating the confusing web of State and Federal gun laws. Usually with just a quick phone call, we can determine if you are eligible to have your gun rights restored under ALL of the applicable gun laws, and make sure you are safe to purchase and possess a gun both federally and under state law.
*The conflicting and ever-changing landscape of firearm laws creates a situation when nothing is guaranteed. Even when following the law to the letter, various authorities may not interpret the law in the same manner as the courts. The backlog at the FBI NICS section also may result in records not being properly updated or properly reflecting a person’s status. The GREEN LAW OFFICE advises on the best possible course of action, as well as a risk-reward analysis including the possible benefits and pitfalls of any legal action.