Can You Restore Your Gun Rights After a Conviction in Washington?

Criminal convictions might continue to haunt you long after your release from prison. If a mistake far in the past has affected your gun ownership rights for too long, is there anything you can do to restore them in Washington?

There are specific criteria you must meet, and some felony convictions make you lose your firearm rights permanently. We can help file the petition necessary to restore your gun rights and represent you in court if the judge assigned to your case requires an in-person hearing. Vacating a conviction will not automatically restore your gun rights, and you may still need to file a specific petition to get them back. You may not only lose your firearm rights after a felony conviction but also for some misdemeanors.

For help from our Washington criminal defense lawyers, call the Law Offices of Smith & White today at (253) 525-8036.

Can I Restore My Gun Rights After a Criminal Conviction in Washington?

According to RCW 9.41.041, as long as you were never convicted of a class A felony or sex crime and meet other criteria, you may petition to get your gun rights restored in Washington.

You may qualify for gun rights restoration if you have spent five years in the community without any more criminal convictions that would prohibit you from owning a gun. These five years must be consecutive, but they do not have to be the most recent five years. Five years is the normal wait, though it’s shorter for some defendants.

A petition to restore gun rights will be denied if you have any pending charges against you in Washington or elsewhere.

How Do I Petition to Restore My Gun Rights in Washington?

Our Washington criminal defense lawyers will help you complete a Petition to Restore Firearm Rights. Once it’s ready, we will submit this petition to your county’s superior court.

The petition states your name, date of birth, and crimes you were convicted of, as well as any relevant case numbers. Defendants convicted of class A felonies, felony sex offenses, and felonies with maximum sentences of 20 years in prison or more are ineligible for gun rights restoration.

We can ensure the petition is complete and accurate upon its submission. Note that federal law might still bar you from possessing a firearm, which the petition warns.

What Are Other Requirements for Gun Right Restoration in Washington?

To qualify for gun rights restoration in Washington, you must be able to pass a background check after your rights are restored. Is anything other than a criminal conviction a threat to your gun ownership? If so, your petition may be dismissed.

Furthermore, you must have completed all requirements of your sentence when you submit a petition, excluding non-restitution fees or fines.

Does Vacating a Conviction Automatically Restore Gun Rights in Washington?

Depending on your conviction, you may apply to the sentencing court to have the conviction vacated after you are discharged, according to 9.94A.640(1).

Vacating a conviction does not automatically restore gun rights in Washington. Furthermore, you do not automatically qualify to have your conviction vacated. Violent offenses may be vacated, and neither may any previous charges if you have any pending charges.

Getting a conviction vacated is not a prerequisite to restoring gun ownership rights. However, it may help you in other ways, like being able to answer that you have not been convicted of a crime on job applications and others under 9.94A.640(4)(a).

What Happens After I Petition to Restore Gun Rights?

When we file the petition to restore your gun rights with the court, we will also send a copy to the county’s prosecuting attorney. The prosecutor must review the appropriate records and write to the court verifying whether or not the petitioner qualifies for gun rights restoration.

The judge assigned to your case may or may not require an in-person hearing. If the judge does not need additional information, they may grant your petition and restore firearm rights almost immediately.

Will I Automatically Lose My Gun Rights Because of Criminal Conviction?

You automatically lose your gun ownership rights after being convicted of or pleading guilty to a felony in Washington. Even some misdemeanors may lead to loss of firearm rights, which our lawyers may help restore.

Domestic violence-related charges like assault in the fourth degree, stalking, coercion, or reckless endangerment of an intimate partner or household member can lead to a loss of gun rights.

Owning a gun with such convictions would be unlawful possession of a firearm in the second degree, a class C felony of its own in Washington. Class C felonies are serious, and convictions may carry five-year prison sentences.

How Can I Increase My Chances of Gun Right Restoration in Washington?

Successfully completing parole terms helps your petition to restore gun rights get approved. If any no-contact or protection orders are given against you, follow them. Violating these orders might lead to additional charges, preventing you from getting your gun rights back.

You can get our lawyers to start working on your petition, even if you are still ineligible. We can prepare the necessary information so we are ready to file the petition in court as soon as you become eligible.

What Other Rights Do Felony Convictions Affect in Washington?

In addition to your right to own a firearm, you lose other rights from felony convictions. For example, you may not vote while you are imprisoned in Washington. Unlike your right to bear arms, however, your right to vote gets automatically restored when you are released.

After being released, you still have to re-register to vote, but you do not have to petition to have your voting rights restored.

Call Us for Help Restoring Your Gun Rights in Washington

For help from the Law Offices of Smith & White, call our Washington criminal defense lawyers at (253) 525-8036.