NRA Lawsuit against Washington State

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I actually sent Zandra mail today, so I'm waiting on her response.

I asked specifically about KCSO AFL applications not just mine, since this seems to be the sticking point, and mentioned that KCSO is approaching their cut-off to be within the RCW return period.

I'll keep you updated.
 
From Zandra

Good morning Mark~

At this time we have not yet received any application from the King County Sheriff’s Office. Please note that per RCW 9.41.170 (2)(b) the law enforcement agency must complete the background checks within 30 days. So, we actually do not expect to receive any applications for at least a week or possibly longer, which is dependent upon the agency’s revenue or accounting department.

Please let me know if you have any other questions or if I can be of any other assistance.

Have a nice day!
Click to expand...

Hmm...
 
I posted this back

Hey Zandra, thanks for the quick response.

My concern is with KCSO meeting the terms of the RCW. My application to them was post the injunction on the 27th January on January 29th I can forward you a check I made out to them on the 29th, that cleared my bank on the 2nd Feb), which would mean that they would be out of compliance with the RCW 9.41.170 on Feb 28th (30 days after my application).

I’m also a little concerned that others I know in other jurisdictions seem to already be receiving AFL’s even though they applied after I (or others I know) applied at KCSO. I understand that this is a large Sherriff’s Department, however I would expect that they being large have the available manpower to perform these background checks.

I apologize in advance if this seems overly forward, or impolite, however my current frustration level with this delay is pretty high, as is the frustration levels of most of the people affected by this. We’ve been blocked from getting AFL’s through no fault of our own for many years, and now seem to be getting delayed on background checks in certain jurisdictions.

If you could talk to KCSO to see whether they can expedite these it would be most helpful.

Thanks
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I have a feeling that the DOL isn't going to care about how long the KCSO takes. They are doing their part. Unfortunate, but true. :-(
 
Also sent this to my Police Chief (my area contracts out to KCSO for CPL and AFL, etc.)

Dear Chief

I’m contacting you to help me find out what is happening with my Alien Firearm License application that I filed with KCSO on January 29th this year (post the January 27th Injunction on the DOL to begin reissuing AFL’s as brought by the NRA and SAF). According to RCW 9.41.170 KCSO have 30 days to complete and return a background check to the DOL, in my case this will mean Feb 28th at absolute latest, to comply with the RCW.

I’ve contacted the DOL, however they have said that they don’t know what is happening with KCSO since the AFL was resumed, they have as yet not received any completed applications from KCSO. I have rang the Sheriff’s office, records they pointed me to another department (Budgeting and accounts I believe), I have rang this a few times, and left messages, as yet I have no clue as to the status of my application (I’m a Green Card Holder, with a clean background, and resident in King County since March 2001). My other concern is that I’m also aware that KCSO have as yet not returned ANY AFL applications, to the DOL.

If you could assist me in finding out what is happening with this it would be greatly appreciated.

Sincerely
Click to expand...
 
OK I finally got someone who spoke to me in Budgeting and accounting.

Apparently my application is complete and approved, but held up on some technicality, there are two other applications from others on the same day that are not fully complete, and they want to "bulk" send these to the DOL. So at this time King County Records, have done their bit, the budget and accounting people should have done theirs, but there's some missed communication somewhere in the loop.

I have Ann at the Records Office chasing down what exactly the issue is and she said she'll call me (likely tomorrow) when she's figured out what's going on.
 
I received my AFL (first one) last Thursday and I applied for my CPL at SnoCo SO Friday. They turned around my bg checks to DOL in about 2 weeks and said the CPL would probably take a week or two.

Sorry to hear KCSO is so slow.
 
call me runaround sue

Well I went to apply for my AFL today , went to the Thurston co, sheriffs office , the guy on the desk looked at my application and said you can throw that away , you dont need that , just fill out this .. and he handed me a CPL application :confused: I asked him , "dont I need an AFL before I can apply for a concealed carry permit ?" he said "oh... uh.... yeah but we dont do those , youll have to go to the state patrol for that , they have a criminal records dept." I asked him if he was sure , to which he replied " ya know we have a civilian that does fingerprinting , hes away till monday , he might know about it , but go see the state patrol they will sort you out "
So off I trot to the state patrol , a very nice lady there said "No we dont do these , the sheriffs dept or local police do them , let me call Lacey PD" a few moments later, " I spoke to the lady at Lacey PD , if you can get there before 4 she will do it for you " I thanked her and headed back to Lacey .
Lacey PD asked me "so are you a resident of Lacey ?" I said " No I live the other side of Yelm" " then we cant do it , you are not in our jurisdiction you need to go to Yelm PD" I thanked her and headed back to Yelm.
By this time it was lunchtime and Yelm PD was deserted , so I waited .
After lunch I asked the lady on the desk , she said "I can fingerprint you tomorrow , but we dont deal with the DOL , other than that according to your address your outside of city limits , so you are out of our jurisdiction , that comes under county sheriffs dept. would you like the address ?":what:
SOOOOOO I guess I am going to wait till monday and go back to the Sheriffs Dept. and see if the "civilian fingerprint guy" is there and basicly keep making a noise till someone who knows what the hell they are doing takes notice ,:banghead:
 
Hey Waverace, I had that same problem. I live past Yelm too. Went to Yelm PD no we dont do that, go to Lacey. Went to Lacey PD no we dont do that, go to Sheriffs office. Went to Thurston County Sheriffs office, errr not sure about that, let me call someone. After the call he said yes we do those, but I have a doctors appointment so I cant do it today, come back tomorrow. Went back day after, great got my prints done and payed for it. Get home and wife says Sheriffs office called, call them back, I did, and they said I had to go back, because they made a mistake. Again I went back (30 miles one way) where they did the digital prints. Hopefully thats me done. lol.

Tim
 
DOL needs to send a memo to all LEA's instructing them how to do this , something that can be posted on the bulletin board next to the coffee machine and the donut dispenser .
 
Ok this is the score with KCSO.

All AFL's are backed up due to 2 incomplete FBI background checks (that need to be sent by mail, not performed via the FBI Database) from applicants on the 29th, this is being held by finance, since they must be returned to the DOL in order, and all applications from the same day sent at the same time. This is a KCSO process not a DOL requirement.

I asked what my line of recourse would be should my application that's complete but held up, not be received by the DOL by End of business Friday. Apparently KCSO was not aware they only had 30 days to complete these background checks.

Does anyone know what I could do if this situation does not resolve itself?
 
All the law says is the background check has to be done within 30 days.
DOL can take thier sweet time, they didn't issue for over 2 years.

In the temporary injunction the order is for DOL to issue with or without the background check if it can't be done.
 
Read the original injunction brief, and the Injunction itself.

It states that AFL's WILL be issued to LPR's from the DOL. The Original RCW, requires that the LEA issue a background check on the individual applying within 30 days, if the applicant has a Washington State Drivers License. KCSO were not aware of this, however the onus to issue is on the DOL, the implementation of how they issue is not relevant.

IT IS HEREBY ORDERED THAT:
1. Defendant Director of Licensing Liz Luce and any persons acting on behalf of the
Department of Licensing shall:
a. promptly resume processing applications for alien firearm licenses;
b. issue alien firearms licenses to otherwise qualified applicants notwithstanding
the Department’s or any local law enforcement agency’s inability to perform or
complete a background and/or fingerprint check required by RCW § 9.41.170.
c. upon application, renew or issue alien firearm licenses to Plaintiffs Adrian J.
Coombes, Philip Grady, and such other lawful permanent resident aliens, including
members of Plaintiffs NRA and SAF, who may apply pursuant to RCW § 9.41.170 if
they are otherwise qualified for licensure.
2. There being no objection by the enjoined parties to the entry of this order, and therebeing no evidence suggesting that the enjoined parties will incur any costs or damages as the
result of being wrongfully enjoined, it is proper that the moving party gives security in the
amount of $0.
3. Plaintiffs have abandoned their request in this motion for an injunction against
Defendant Paul D. Ayers, City of Issaquah Chief of Police, and no injunction or other form of
relief is granted against said defendant.
3. Unless repealed or modified by order of this Court, this Order shall remain in full
force and effect until: (a) a final judgment is entered following a trial of this case on the
merits; or (b) dismissal of this action.
Dated this 27 day of January , 2009.
Click to expand...

OK then I now pursue the DOL :evil: since obviously KCSO is unable to complete the background checks in accordance with the original RCW.
 
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