Restoring Firearm Rights in Washington
A Guide To Understanding How To Reclaim Your Second Amendment Rights In Washington
It is possible to lose firearm rights for many reasons in Washington, and the process of firearm rights restoration can be confusing and complex. Since 2010, the attorneys of Findley & Rogers have aimed to simplify the process and offer guidance to those considering the restoration of their firearm rights.
Understanding the Loss of Firearm Rights in Washington
Washington State law prohibits the possession of firearms by people in several situations.
The most common causes of right restriction are:
Felony convictions
Certain misdemeanor offenses, such as domestic violence and sometimes DUI
Protection orders
Mental health treatment
RCW 9.41.040 is the Washington law controlling restrictions on firearm rights.
If you lost your rights as a result of a criminal case, that loss of rights applies regardless of whether the conviction was in Washington or another state, and is enforced at both the state and federal levels. In addition, a loss of firearm rights due to a criminal conviction is permanent unless an order restoring rights is obtained from a Washington Superior Court. Violating this prohibition can result in serious felony charges.
If you are unsure if you have lost your firearm rights, we offer a free consultation to review your records and determine if your rights are restricted, and we can discuss your options to get your firearm rights back.
Who Is Eligible To Restore Firearm Rights?
Not everyone who has lost their firearm rights is eligible to have them restored. Washington law contains specific requirements that must be met before you can petition to restore their rights.
The main eligibility criteria include:
Completion of Sentence: You must have successfully completed all terms of your sentence, including jail or prison time, probation, parole, and payment of restitution. (Non-restitution fines do not currently have to be paid)
Waiting Period:
For disqualifying misdemeanor and felony convictions, at least five years must have passed since the date of your conviction or release from custody, whichever was later.
If you have a class B felony followed by another disqualifying conviction, your waiting period may be 10 years.
No Disqualifying Offenses: You must not have been convicted of any new disqualifying offenses during the waiting period.
No Class A Felony or a Sex-Offense Convictions: If your conviction was for a Class A felony or a sex offense, firearm rights cannot be restored under Washington law, except by way of a governor’s pardon. (There are sometimes exceptions for people convicted as juveniles.)
The Restoration Process: Step by Step
The process of restoring firearm rights in Washington involves several important steps:
1. Confirming Eligibility
Before initiating any legal action, it is essential to verify eligibility. This involves obtaining criminal records, reviewing sentencing documents, and ensuring that you meet all requirements. We offer a free consultation to confirm your eligibility before you decide to hire us.
2. Preparing the Petition
The next step is to prepare a petition to restore firearm rights. This legal document must be filed in the Superior Court of the county where the conviction occurred, or in the case of out-of-state convictions, in the petitioner’s county of residence. The petition should include:
A clear statement of eligibility and facts demonstrating compliance with all legal requirements
Documentation of completed sentence requirements
Criminal records demonstrating compliance with the relevant waiting period
We handle the full document drafting process for our clients.
3. Filing and Serving the Petition
The petition and supporting materials must be filed with the court and served upon the prosecuting attorney’s office. Depending on the case, additional parties (such as probation departments) may need to be notified. We ensure that all necessary documents are filed, and all appropriate parties are notified.
4. Court Hearing
In many Washington Counties, petitions to restore firearm rights are resolved without an official hearing. We always work to obtain agreement from the Prosecuting Attorney in our right restoration petitions, and if we get it, then we can provide the order directly to the Judge for approval without the formality of a hearing.
However, some counties do require a hearing for these petitions, which will be scheduled before a judge, who will review the petition and any objections raised by the prosecution, and determine whether the petitioner is qualified. If all legal requirements are satisfied, the court is typically required to grant the petition. The restoration is not discretionary; if you meet the statutory criteria, the court should restore your firearm rights.
If hearings are required for our clients, we handle them; you would not have to come to court.
5. Notification and Record Updates
Once the court grants the petition, copies of the order should be obtained. These orders should be provided to the Washington State Patrol and relevant federal authorities to ensure records are updated and the petitioner’s right restoration is recognized in background checks.
Important Issues and Complications
While the process may seem straightforward, several issues can complicate the restoration of firearm rights:
Federal Law Considerations: Restoration under state law does not always guarantee restoration under federal law. It is crucial to ensure that the state restoration will be recognized at the federal level to avoid accidental violations.
Multiple Convictions: Individuals with multiple felony convictions may face additional scrutiny. Each conviction must be analyzed separately, and eligibility must be determined based on the nature of each offense.
Out-of-State Convictions: If the disqualifying conviction occurred in another state, additional legal work may be necessary, including consulting with attorneys in that jurisdiction.
Denials and Appeals: If a petition is denied, the petitioner may have a right to appeal or re-file at a later date, especially if the denial was due to incomplete information or technical issues.
Common Misconceptions
There are several myths about restoring firearm rights in Washington:
Pardons are Required: Restoration does not require a pardon or expungement. A court order under RCW 9.41.041 is sufficient for criminal convictions in Washington.
Automatic Restoration: Rights are not automatically restored following a disqualifying conviction; no matter how much time has passed, a petition and court order are required.
Restoration Is Temporary: Once restored by court order, firearm rights remain unless the individual is convicted of another disqualifying offense.
Restoration Covers all 50 States: Restoring your rights in Washington following a criminal conviction allows you to legally have firearms under both Washington and Federal law, but other States may have additional requirements. We recommend contacting an attorney in any other state where you want to carry a firearm before you do so.
Why Consider Restoring Firearm Rights?
There are many reasons people choose to restore their firearm rights, including:
Personal protection and home defense
Professional employment in fields that require firearms
Desire to participate in recreational activities like hunting
Eliminating the risk of a new criminal charge for inadvertently being around firearms
Sense of full citizenship, reclaiming responsibilities and privileges
Whatever your reason for wanting to restore your firearm rights, we are here to help.
Seeking Legal Assistance
Though it is possible to file a petition for restoration without an attorney, the process can be complex. An experienced attorney can provide guidance, ensure all paperwork is correctly prepared and filed, and represent the petitioner effectively in court. An attorney can help ensure you have the best chance at getting your firearm rights restored. At Findley & Rogers, we have been doing exactly that since 2010.
Let’s Get Your Rights Back
You deserve to move forward. Whether it’s for hunting, self-defense, or protecting your family, your rights matter. Findley & Rogers is here to help.
Call 206-331-7377 or send us a message to schedule your free consultation.
