Firearm Rights Restoration

Whenever you are convicted of any felony, and Domestic Violence gross misdemeanors, the right to own, possess, or control a firearm or ammunition is taken away. If your right to own, possess, or control firearms or ammunition has been revoked you may not own or purchase a firearm or ammunition, and you may even be found guilty of a felony offense just for being in a room that contains a firearm that belongs to someone else.

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If you meet the following eligibility criteria, it may be possible to restore your right to possess a firearm.

ELIGIBILITY REQUIREMENT

  • You may not have any criminal charges pending in the State of Washington or another State, or Federal Court.
  • You must not be subject to a restraining order in the State of Washington, in any other State, or in any Federal Court. (In a separate action, our attorneys can address a Washington state restraining order.)
  • Your conviction must not have been a Class ‘A ‘felony, or a felony carrying a potential sentence of at least 20 years.
  • Your conviction must not have been for a felony sex offense.
  • If it is a Class A felony or a sex offense, for either an adult or juvenile, you must seek a Pardon, Annulment, and Certificate of Rehabilitation.
  • If your rights were revoked because of a felony conviction: you must have spent 5 years living in the community without being convicted of any new felony or misdemeanor crimes.
  • If your rights were revoked because of a misdemeanor conviction: you must have spent 3 years living in the community without being convicted of any new crimes.
  • You must not have a prior conviction that would have resulted in the loss of your right to possess firearms counted in your offender score.
  • You must have successfully completed every term and condition of each conviction. This would include satisfaction in the payment of court costs and fines.

If you meet these requirements, you may qualify to have your firearm rights restored.

Steps to Restore Your Firearm Rights

  1. File a petition with the court that revoked your firearm rights. The process varies from court to court and it is prudent to speak with an attorney who is experienced with restoring firearm rights in that court.

  1. At a minimum, the process will involve getting a full criminal background check,

  1. Prepare and file a motion and order.

  1. Obtaining a signed order from a judge.

  1. The process may involve dealing with the prosecuting attorney’s office, appearing in court to argue the merits of your motion, and on occasion even appealing a court’s decision.

Frequently, our clients do not need to step inside the courthouse. Our firm is able to handle firearm rights restoration petitions from start to finish. We regularly handle cases in Thurston, King, Pierce, Clallam, Jefferson, Spokane, Snohomish, Yakima, Kittitas, Skagit, Kitsap, Island, Clark, Cowlitz, Lewis, Benton, Franklin and Whatcom Counties.

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