My question involves public health law in the State of Washington.
I am interested in having my firearms rights restored after civil commitment.
As far as state law goes, there is WAC 388-875-0080 and RCW 9.41.047 , so there is a process, although I would want to speak to an attorney about fulfilling the specific requirements.
My question really concerns more federal law. Apparently state restoration would not fulfill federal requirements in my case, and there is a federal statute, 18 U.S. Code § 925 (c) for so-called "relief from disabilities" imposed under federal firearms laws, but this authority has been delegated to ATF, and the ATF has been defunded by congress since 1992 from acting on such applications, foreclosing all possibility of actual relief under this statute for individuals. However, Senator Tom Coburn from Oklahoma claims , with regard to the NICS Improvement Amendments act of 2007:
I successfully negotiated language to ensure that if the agency does not process an individual’s application for relief within 365 days, that he automatically be "denied without cause." This will enable the individual to take his case to court and allow the presiding judge review the facts without bias and restore their Second Amendment rights.
Furthermore, I negotiated language to provide these individuals who are forced to go to court to restore their wrongfully - denied rights, with reimbursement of attorney's fees if they win.
There is a federal form for Application for Restoration of Firearms Privileges that is no longer available on the ATF's website but apparently is still available at the given link. Notice how owning a firearm is a privilege, not a right, under federal law, notwithstanding the 2nd Amendment.
If anybody knows anything about this process, I would be very interested in more information.
I am interested in having my firearms rights restored after civil commitment.
As far as state law goes, there is WAC 388-875-0080 and RCW 9.41.047 , so there is a process, although I would want to speak to an attorney about fulfilling the specific requirements.
My question really concerns more federal law. Apparently state restoration would not fulfill federal requirements in my case, and there is a federal statute, 18 U.S. Code § 925 (c) for so-called "relief from disabilities" imposed under federal firearms laws, but this authority has been delegated to ATF, and the ATF has been defunded by congress since 1992 from acting on such applications, foreclosing all possibility of actual relief under this statute for individuals. However, Senator Tom Coburn from Oklahoma claims , with regard to the NICS Improvement Amendments act of 2007:
Quote:
I successfully negotiated language to ensure that if the agency does not process an individual’s application for relief within 365 days, that he automatically be "denied without cause." This will enable the individual to take his case to court and allow the presiding judge review the facts without bias and restore their Second Amendment rights.
Furthermore, I negotiated language to provide these individuals who are forced to go to court to restore their wrongfully - denied rights, with reimbursement of attorney's fees if they win.
There is a federal form for Application for Restoration of Firearms Privileges that is no longer available on the ATF's website but apparently is still available at the given link. Notice how owning a firearm is a privilege, not a right, under federal law, notwithstanding the 2nd Amendment.
If anybody knows anything about this process, I would be very interested in more information.
Mental Health: Restoring Firearms Rights After Civil Commitment
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