How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27049
Experience:  Active member of the NYS bar since 1989
Type Your Legal Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

I have felonys in that are 20 plus years old and i got my

Customer Question

i have felonys in washington that are 20 plus years old for checks and i got my gun rights fully restored but idaho dosent honor that since i live here now got any ideas
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
My name is ***** ***** I will be assisting you with your question.
Were your Federal rights restored as well as your Washington State rights? Were you able to obtain a CCW in WA after your rights were restored and clear a NICs check?
Customer: replied 1 year ago.
just washington rights
Customer: replied 1 year ago.
never tried to get ccw in wa
Expert:  Zoey, JD replied 1 year ago.
That may be the difficulty. That is, if your Federal rights were not restored too, only Washington state would recognize them. You can get your rights back in Washington State by waiting an appropriate period of time and then petitioning the judge.
Is that what you did? If so, the Federal government is going to want an expungement or a pardon before you'd be able to clear a NICs check.
Customer: replied 1 year ago.
I need a lawyer in Washington to get it expunged
Expert:  Zoey, JD replied 1 year ago.
Sorry for the delay. I was eating dinner.
Here's the point: you would think that if the state where you were convicted restores your gun rights that the Federal government and any other state would be happy with that, but you'd be wrong.
The Federal government requires a expungement, set-aside or pardon before it will restore 2nd amendment rights to a former felony offender, even if the state would restore his rights another way. Idaho, too, has its own requirements for the restoration of gun rights with which you'd have to comply.
Idaho will automatically restore gun rights to most felons after the discharge of their Idaho sentence. But for people convicted of felonies in another state they require:
that the conviction must be "nullified by expungement, pardon, setting aside the conviction or other comparable procedure," or that your "civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law. "
So, the WA set aside or a pardon (Washington doesn't expunge) should satisfy the Federal as well as Idaho's requirements.
Here's the law of Idaho as to the restoration of rights. If you don't want to hire a lawyer and go for the Washington set-aside or pardon, look at subsection (3)
You should be able to apply to the Idaho Commission of Pardons and Parole for the restoration of your gun rights in Idaho, though that would not get you your Federal rights back.