Restoration of Firearm Rights
According to RCW §9.41.040, possession of a firearm is prohibited upon conviction of a felony, upon conviction of certain gross misdemeanors, and under some other circumstances.
RCW §9.41.040 also provides that your right to possess a firearm may be restored if you fulfill certain eligibility requirements and obtain an Order from the Superior Court.
However, obtaining an Order from the Superior Court only restores your state right to possess a firearm under Washington State law, which may differ from Federal law. If you are prohibited from possessing a firearm under Federal law, restoration of your State right is not a defense to a federal prosecution.Eligibility Requirements
The first step to restoring your right to possess a firearm in Washington State is to fulfill the eligibility requirements listed below:
- You may not have any criminal charges pending in the State of Washington or in any other state, or in any federal court.
- You may not be subject to any court domestic violence restraining order, injunction or other order, either civil or criminal.
- You may not have a conviction for any class A felony, or any felony having a maximum sentence of at least twenty (20) years.
- You may not have a conviction for any felony sex offense.
- You must have spent a minimum period of consecutive years in the community without being convicted of any felony, gross misdemeanor or misdemeanor crimes. For eligible felonies the period is five (5) years and for gross misdemeanor or misdemeanor crimes the period is three (3) years.
- You must have successfully completed every term and condition of each conviction.
It is necessary to first review your conviction record and relevant court documents to determine your eligibility for restoration. If you are eligible for restoration you must obtain certified copies of all necessary court documents, prepare a Petition and Order Restoring Firearm Rights, file those pleadings with the Superior Court and the prosecutor's office and, if necessary, appear at a hearing on the matter before the court. The process of restoring your right to possess firearms can be complicated, particularly given the numerous steps and consideration of various factors. Restoring your right is crucial and it is strongly advised that you enlist in the help of a skilled criminal defense attorney for the best possible results.