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NRA Lawsuit against Washington State

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Regardless, I'm still going to see if I can throw some money at this and get a license ASAP even before the court case in August...

Lets face it, its too cold to shoot right now, but its going to warm up between now and August !


RE the IAQ check.

That statement looks confusing regarding the IAQ.

If you look at the AFL form on the back, your local LEO does the IAQ, they then mark it "Approved" or "Denied" on the form...
Here it is:

LOCAL LAW ENFORCEMENT USE ONLY
DATA BASE DATE CHECKED BY
 WASIS/NCIC III
 WACIC/NCIC
 Warrant File
 DOL Firearms File
 DSHS
 Local Check
 IAQ
 Approved  Denied LEA Name Date

I just confirmed this with the Sheriffs office. I have also mailed my letter to the consulate and contacted my Sheriff and he has just replied to me.

MD's Sheriff said:
Once we are given any direction in this matter we will start adhering to the law, whatever it may be.
Click to expand...

Anyway, I have my corporate lawyer looking into getting me a recent copy of my background check from USICS too.


The background check message I have from the FBI says that DOL cannot access the information available from NLETS.. Now why the sheriffs department cannot just go ahead and do the NLETS check for DOL, I have no friggin clue, the Sheriffs office CAN do it for DOL and mark a little box...

http://www.nlets.org/WhatWeDo.aspx

Now if you want to contact WA State NLETS rep you can go here:
http://www.nlets.org/memberreplocatordetail.aspx?MemberId=535
 
well if thats the case and the fact that in order to get a green card ,home country background checks have been done , where is the problem ?
I'll tell you where it is , when the bill was originally passed the lawmakers didnt even consider the implications of the wording , they intended to make it possible for visitors to partake in hunting and sporting activity , they didnt consider LPR's as aliens but the wording non citizen in the technical sense excludes them , they needed to write it as non immigrant , unfortunately a lack of thought and or understanding of immigration law led to what boils down to a typo ! but once a bill is signed into law thats how it stands till it is changed through the process of legislation .
I'm pretty sure that they lumped LPR's in with citizens without knowing or thinking that they are not in the eyes of immigration law classed as citizens .
 
"The FBI informed those agencies that federal law prohibits the use of these databases for secondhand dissemination of the criminal history to a non-criminal justice agency (i.e. Department of Licensing) for license issuance."

there should be an official communication on record of the above. It should be available (if it exists) through a FOIA request (which, generally are free).

I also wonder why the local LE can't just issue the request instead of the DOL.
 
My understanding is that DOL can't even get that summary (ie. Approved/Denied) - non-of thier business
 
Heres an idea , why doesnt the DOL apply for a FFL , that way they could do their own in house NICS checks , as for country of origin checks , they dont need to , the dept of homeland security has already done that for them and issued an ok certificate , THE GREEN CARD ! That just leaves one problem , fake green cards but if anyone has seen a new green card they would not be easy to fake its not like a credit card , there are all sorts of holograms and microstencils and such , would be a nightmare to fake .
Bottom line pass 1052 get the legal residents off their backs and get on with real security issues .
 
I just got off the phone with Zonda (sp?) from DOL.
Sounds like they (she in particular) genuinely want to help.

Here's what she told me...

They just heard the injunction was signed 15 minutes ago. They are working on updating the website.

You can apply now.

Use the old form.

No need to get the "I can't get a background search from Canada" if you can prove that you've lived here more than 2 years. She said to send an old Driver's License or utility bill with your address and a postmark. There may be other forms of proof, but you need to prove you have been a WA state resident for 2 years, not just a US resident. She said skipping the "sorry, we don't do background checks" letter from CDN consulate will NOT delay the application at all, as long as you have proof of being a WA State resident for 2 years.

She did say that the AFL probably won't be necessary once 1052 passes, but I'm not going to wait for the outcome of that. On my way to the Sheriff's office now. Probably see some of you there :).
 
MD, you can go to the DOL and ask them to give you a formal letter stating when you WA DL was issued, that's good enough.
 
How to proceed if you have been in WA less than 2 years?

I am from Cuba, there is no Cuban consulate in USA (only a interest section in DC), since I got here with political asylum, Cuban authorities will not be cooperating. I am LPR now.
 
I'm sending copies of the following and the lady at the DOL said it was cool to send them.

• Washington State Drivers License.
• Permanent Resident Alien Card (“Green Card”).
• Current Washington State Concealed Pistol License.
• Expired Washington State Alien Firearms License .

I asked about the House bills etcetera and we discussed that paying for the license now may be a waste of $$, but came to agree on the fact that for 2 years now the bills have had great reviews but never made it into the law books. Either way, I'm getting that piece of paper ASAP.

I also asked if they were informing WA State law enforcement, and they are doing that ASAP, but in the meantime, you can contact your local LEO and tell them the licenses are going to be issued again, and if your local LEO has questions that they can call the DOL for the heads up.

Now I just need to find a time to get over to the Sheriffs office. ;)
 
cubanitojr I think your stuck until
#1 you've been here 24+ months
or
#2 HB1052 makes it the "Gov" and gets signed
or
#3 The Judge sides with the plaintiffs in the second case in August.

How long have you been here altogether?
 
You may be correct. I just finished talking with DOL, she explained about the same, but if that is the case, they are still effectively infringing my 2nd amendment right. I am pretty sure there are other LPRs under the 2 year mark.

I have been here since Jan 2007 and the oldest document I found is an electronic paystub dated 02/12/2007. It is possible I got my first WA license on Jan or Feb 2007 not sure yet. DOL customer service told me to go to the Office and check when I got my first license.
 
Well hopefully you can get it soon, or better yet, HB1052 gets signed, though you'll be at the 24 month mark before that I'm sure.

Well that is not too long to wait if they will accept that document.

Good Luck!
 
So WA is still differentiating between citizen and resident aliens when it comes to guns, even though the federal government is responsible for setting immigration policy and has made it clear that a resident alien's gun rights are supposd to be co-extensive with a citizen's. And WA is further differentiating between resident aliens who have lived in WA for two years or more, and those who moved here more recently, again interfering in an area over which the feds have control AND interfering with he fundamental right of all legal residents of this country to travel among the states.

I'm not interested in WA resuming the issuance of a license that it has no business requiring in the first place. I'm interested in the law being declared null and void, once and for all.
 
^^^
I totally agree. This has resumed my 2A rights, for a tax, that is federally illegal. Which is why I'm pushing the call to arms to continue, in the activism thread I linked to :)

We've won a small political battle against the state on the AFL. We've yet to win the political war.
 
I agree I am not at the moment even going to grace them with my hard earned cash for something I shouldnt need , I have a bad feeling that when the polits see this they are going to rest on their laurels and let 1052 fall by the wayside as the situation has been at least sidestepped .
 
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