Firearms Rights Restoration in Washington State

REINSTATING YOUR RIGHTS

If your firearms rights have been affected due to a criminal conviction, it is possible to get those rights restored. Doing so can be a very complicated process, here we break down everything you need to know about reinstating your firearms rights. If you need help restoring your rights, schedule a free consultation about your options here.

Your Firearms Rights Do Not Automatically Reinstate

Many people think that after a conviction their rights will reinstate at some point, but this is not the case. You always have to actively petition to restore your firearms rights. Don’t make this mistake and end up with a criminal charge for unlawful possession of a firearm. For both State and Federal level prohibitions you must take action to reinstate your rights.

let’s start at the beginning - what suspended your rights?

Your Firearms Rights May be Suspended at Multiple Levels

When your rights have been suspended due to a criminal conviction, you can become ineligible to possess firearms at both State and Federal level. Even if you were only convicted in a State court - that conviction can result in a State and Federal prohibition on firearms. Because the laws regarding firearm prohibition are very similar between Washington state and Federal Law, this is often the case for people. Therefore, you may need to reinstate your rights at both State and Federal level to be able to lawfully possess firearms again.

Washington State Prohibition

In Washington State, a conviction for either a felony or a crime labeled as domestic violence (even a misdemeanor) will result in a prohibition on your right to possess firearms. As we said above, they do not automatically reinstate when you finish your sentence or probation or community custody. This prohibition will last until you move to reinstate your rights - we will explain how below.

Federal Prohibition

A conviction for a felony or crime of domestic violence -including misdemeanors - will also make you ineligible to possess firearms at a federal level - even if your conviction is in a state court. This prohibition will last indefinitely unless you go through the process to reinstate your rights.

HOW CAN I REINSTATE MY FIREARMS RIGHTS?

State and Federal Level Have Different Processes

Depending on your goals, you may need to address your rights at both State and Federal Level. We outline the process for both below. See the lists here, and read on for details of each step.

Washington State Restoration

You must be eligible for reinstatement - see the standards below
Filing a petition for restoration
There will be a hearing to decide if your rights are restored

Federal Restoration

You must be eligible for a Presidential Pardon
Filing Pardon Paperwork
Pardon will be processed and considered

Washington Firearms Rights Reinstatement

Qualifying to Reinstate Your Washington State Firearms Rights

To reinstate your state level rights in Washington you need to petition the court, and a hearing will be held to determine whether your rights should be reinstated. To petition the court, you must be eligible by law.

Who is Eligible?

Under RCW 9.41.041(1) you are eligible to petition to reinstate if you meet the following requirements:

You have not been convicted of (or found Not Guilty by reason of Insanity) of a felony that is either:
- a sexual offense, or
- a class A felony
Have completed all conditions of your sentence
Have no pending criminal charges at time of filing
For the 3 years prior to petitioning, you have resided in community without any criminal convictions or being found Not Guilty by reason of Insanity of any crime
For the 5 years prior to petitioning, you have resided in community without any criminal convictions or being found Not Guilty by reason of Insanity of these offenses in particular:
- any felony
- certain misdemeanors including:
  - crimes of domestic violence, or
  - certain crimes involving violence or firearms, for the full list, go here.

Filing the Peition

If eligible, a petition and the documents needed to accompany your petition can be filed with the court and sent to the Prosecuting Attorney for their review, as they review these petitions and can object to it if they believe there is an error or concern regarding your petition. With filing a hearing will be set. It also possible your records may need to be unsealed for your case to be reviewed, which can be resealed following the hearing.

Hearing

If you meet the requirements the law states that the court is to restore your rights. So meeting the requirements is most of the battle. Your attorney can make arguments on your behalf at the hearing and explain why you are deserving of the reinstatement - which would be especially necessary if the Prosecutor were to have reason to object to your petition.

Federal Firearms Rights Reinstatement

Qualifying to Reinstate Reinstating your Federal Firearms Rights

Currently, the only way to restore your rights at a federal level is by obtaining a Presidential Pardon. These pardons are granted at the discretion of the Pardon Attorney under the acting President, and are uncommonly granted although not impossible. The process of obtaining a presidential pardon is much more complicated than a State level reinstatement and has many more requirements. Further, in granting a pardon, the Executive branch is looking for someone who is seeking forgiveness for their crimes, not just a restoration of their firearms rights.

Who is Eligible for a Presidential Pardon?

To apply for a Presidential pardon, you must wait until 5 years have passed from your conviction or release from confinement (whichever is latest).

The following is also considered:

seriousness of the offense
acceptance of responsibility
remorse or atonement
rehabilitation
leading a productive life, and responsibility to others
charitable activities
need for relief
personal references as to worthiness for a pardon

Presidential Pardon Petition

A Presidential Pardon requires considerable information about you and your background, some which can be hard to recall or track down. An attorney can help you obtain everything that is necessary. Beyond that, an experienced attorney can help tell your story and describe the events that lead to the pardon and your need for it in a convincing and powerful manner which can make the difference in whether your petition is granted.

After Filing your petition, the Pardon Attorney will review your petition verify that there are absolutely no mistakes (which can disqualify your petition) as well confirm all the information you provided - including checking with your references. After verification they will determine if your pardon will be granted and present it to the President for review.

Presidential Pardons are granted rarely, but getting one is not impossible. A qualified attorney can help you set yourself up for your absolute best chance of having your petition granted.

So, What do I Need to do to Possess Firearms Again?

Consult with an Attorney to know what you need for your goals

Reinstating your Rights at Washington State level cannot protect you at Federal level, and may not be sufficient to protect you in other States. Think of it this way, while possession of Marijuana may be legal in your state, it is not at a Federal level. So, you would not want to be in possession of it in a National Park, or while traveling across a border. Firearms Rights reinstatement is similar, so to be able to safely possess a firearm again you may need to address it at all levels - all cases are different. To find out what you need to do, schedule a free consultation here.