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Q: How to get ALL civil rights after fed. felony - grew pot (wants passport) ( Answered,   0 Comments )
Question  
Subject: How to get ALL civil rights after fed. felony - grew pot (wants passport)
Category: Miscellaneous
Asked by: dearfriend-ga
List Price: $14.50
Posted: 08 Aug 2005 15:20 PDT
Expires: 07 Sep 2005 15:20 PDT
Question ID: 553240
I would like to help a Fed. felon who has served his time for growing
marijuana (3 yrs.) and has been off parole for several years. He has
lived in WA (in same place for 8 yrs. and has held the same job for 5
years. He would like to vote, own a gun and get a passport so that he
can  travel. He doesn't have much money for a lawyer. Can he
accomplish restoration himself without legal representation? Thank-you
for your assistance!
Answer  
Subject: Re: How to get ALL civil rights after fed. felony - grew pot (wants passport)
Answered By: denco-ga on 08 Aug 2005 20:28 PDT
 
Howdy dearfriend-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

I will go in the order of good news to bad news.  Getting his voting rights
restored appears to be the easiest and most straight forward.  The American
Civil Liberties Union of Washington Foundation (ACLU-WA) web site has more.
http://www.aclu-wa.org/ISSUES/voting_rights/Restore.vote.html

"...
I was convicted in Federal Court.

You can request the Washington State Clemency and Pardons Board to restore your
right to vote. To request the Board to restore your right, call (360) 902-4111,
ask for the Clemency and Pardons Board, and follow the Board?s procedures.
...
The ACLU wants to help you!  Contact the ACLU if you have served your time and
...
- you want to register to vote but don?t know how
...
Contact the ACLU by calling (206) 624-2184 or e-mailing legal@aclu-wa.org
..."

Here are the applicable limitations on him getting a passport, which might be
more of a challenge.
http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=22&PART=51&SECTION=71&YEAR=1998&TYPE=TEXT

"...
TITLE 22--FOREIGN RELATIONS

CHAPTER I--DEPARTMENT OF STATE

PART 51--PASSPORTS--Table of Contents
 
Subpart E--Limitation on Issuance or Extension of Passports

Sec. 51.71  Denial of passports to certain convicted drug traffickers.

(a) A passport shall not be issued in any case in which the Secretary of State
determines or is informed by competent authority that the applicant is subject
to imprisonment or supervised release as the result of a felony conviction for
a Federal or state drug offense if the individual used a U.S. passport or
otherwise crossed an international border in committing the offense ..."

If the above is not applicable to your friend, then he "just" needs to go
through the process of applying for a passport.  If he is denied, the appeal
process will be outlined in the denial.  At that point, he might have to get
an attorney involved.

Owning a firearm is tough once a federal felony is on your record.  Here are
some messages from the Counsel.Net web site on the subject.
http://www.counsel.net/chatboards/2nd-amendment/topic43/4.17.03.11.20.30.html

"Posted by Stephen J. Kozer
...
I am an NRA, RMEF & DU member and a practicing attorney in Washington State.
I am glad to talk to anyone re Washington gun rights and vacating convictions
..."

Mr. Kozer has his own web site.
http://www.kozerlaw.com/

120 Grand Ave.
Bellingham, WA 98225
Phone: 360-676-1420
Fax: 360-676-1545
abellinghamlawyer@yahoo.com

Some more attorneys can be found on the "Shooter's Bar" web site.
http://www.building-tux.com/dsmjd/law/lawr_list.htm

"The attorneys listed below have requested that their basic contact information
be included on this page.  I cannot vouch for their competence or expertise in
any particular field of law, but they have indicated to me that they
are pro-gun rights."

The WashRecord web site has some information on whether your friend might be
able to get his firearm rights restored.
http://www.washrecord.com/

"This website will help you determine if you are eligible to have a Washington
state criminal conviction vacated and the right to possess firearms restored."

You or your friend will want to read the above page in detail, as it discusses
the various classes of felonies, and if it is worth pursuing.

Paul T. Ferris is the attorney that runs the above web site, and here is his
contact information.

"...
No charge for telephone or E-mail inquiry to determine prohibitions and
eligibility for restoration of right to possess firearms ...
...
E-mail : ptferris@washrecord.com
Call Toll Free: 1-888-231-7040
..."

For instance, here is what he says on the basic process of getting firearm
rights restored, which looks like an attorney would be helpful, if not a
necessity.
http://www.washrecord.com/faqFA.htm

"...
Q: Do I have to go before the same judge that sentenced me to get my firearm
rights restored?

A: No. You can file a petition in any superior court.
..."

If you need any clarification, please feel free to ask.


Search strategy:

Google search on: federal felony passport
://www.google.com/search?q=federal+felony+passport

Google search on: federal felony Washington state firearms
://www.google.com/search?q=federal+felony+Washington+state+firearms

Google search on: federal felony Washington state voting
://www.google.com/search?q=federal+felony+Washington+state+voting

Looking Forward, denco-ga - Google Answers Researcher

Clarification of Answer by denco-ga on 08 Aug 2005 23:31 PDT
Howdy dearfriend-ga,

In regards to be able to own firearms, I should add that even if your friend
gets cleared by the state of Washington to own a firearm, there is still the
federal clearance to be obtained, and currently that appears to be extremely
difficult, if not impossible, to accomplish.  More details on that hurdle are
covered on the WashRecord web site.
http://www.washrecord.com/

Looking Forward, denco-ga - Google Answers Researcher
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