Gun Rights & Restoration

RESTORING FIREARM RIGHTS

Let our team help you determine if you are eligible to have your firearm rights restored. Below you will find helpful information to lead you in the right direction, but speaking directly to a lawyer is your best bet. We can help you get started and guide you through the process. The controlling statute for restoring your firearm rights is RCW 9.41.040.

HOW ARE FIREARM RIGHTS LOST?

A criminal conviction for any felony offense
Conviction for any sex offense
Conviction for most Domestic Violence (DV) misdemeanor offenses: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of a protection order, no-contact order, or anti-harassment order
Note: Not all DV convictions will result in the loss of firearm rights. Example: Malicious Mischief 3rd degree
Being found not guilty by reason of insanity
Being involuntarily committed for mental health treatment under RCW 71.05.210, 71.05.320, 71.34.740, 71.34.750, or an equivalent statute of another jurisdiction
You are under a court restraining order, domestic violence protection order, anti-harassment order, or other order, civil or criminal, which prohibits the possession of firearms
You have current pending criminal charge that prevents you from owning or possessing firearms.

Note that being restricted for any period of time, can impact your ability to keep and/or qualify for a concealed pistol license. Give us a call if you have more specific questions about Concealed Pistol Licenses, or visit the Dept. of Licensing’s webpage here.

WHERE TO RESTORE YOUR FIREARM RIGHTS

You may petition to have your firearm rights restored at either:

The court that prohibited your right to possess firearms; or
The Superior court in the county where you reside.

AM I ELIGIBLE TO RESTORE MY GUN RIGHTS WITH A FELONY CONVICTION?

Under Washington law, if you were convicted of a class A felony you are ineligible to have your firearm rights restored

If you were convicted of a sex offense you are ineligible to have you firearm rights restored; UNLESS it was committed as a juvenile. You can restore your rights after your juvenile conviction record is sealed.

If you were convicted of a class B or C felony, then you are eligible after ANY consecutive 5 year crime free period (start with date of offense, not conviction date) if you have no previous felonies that count as part of the offender score.

AM I ELIGIBLE TO RESTORE MY GUN RIGHTS WITH A MISDEMEANOR CONVICTION?

If you were convicted of a misdemeanor or gross misdemeanor offense, then you are eligible after any consecutive 3 year crime free period, if you have no previous felonies that count as part of your offender score AND you must have completed all conditions of your sentence. This includes all financial obligations, community service, work crew, treatment, etc.

NOTE: Best practice when calculating the 3 year crime free period is to calculate looking backwards from when you file your petition to restore your gun rights or when you intend to file your petition.

Restoring your firearm rights can be very challenging and the laws are constantly changing. It’s always best to speak with an experienced gun rights attorney before attempting restore your rights or attempting to purchase a firearm.