Will You Lose Firearm Rights in Washington if Accused of Domestic Violence?
Have you been accused of domestic violence assault in Pierce County, Tacoma, or other parts of Washington? If so, you may have just discovered that a domestic violence charge threatens your firearm rights.
Most citizens know of the Second Amendment and how it gives Americans the right to “bear arms”. However, it’s a right that both state and federal governments have the power to regulate. When someone is convicted of a crime that is a disabling or disqualifying offense, they may be prohibited from purchasing, owning, or possessing a firearm under almost any circumstances. Since many domestic violence charges are disabling offenses, you will likely lose your right to have firearms if convicted.
For a confidential initial case evaluation from our Washington domestic violence defense lawyers, call the Law Offices of Smith & White at (253) 203-1645.
Domestic Violence Cases Involving Felonies or Misdemeanors
As many already know, if you are convicted of a felony, you no longer have the right to possess or use a firearm. This is true both at the state and federal levels and is true whether the crime is classified as domestic violence or not.
What many may not also realize is that even misdemeanors, if classified as domestic violence, also bar you from owning or using firearms. That is also true at both the state and federal levels – although the definition of domestic violence is slightly different between Washington state law and federal law.
How to Protect Your Firearm Rights in the Face of Domestic Violence Charges
When facing charges for domestic violence or other offenses that could cost you your gun rights, your attorney should help you develop the most effective defense strategy possible for your situation.
Avoid Conviction
If we cannot challenge the specific restriction on your firearm rights, we may instead focus on fighting the charges more generally.
If our Washington domestic violence defense lawyers can undermine the prosecutor’s claims and raise sufficient reasonable doubt about the charges, the prosecutor may be unable to prove the charged beyond a reasonable doubt. If the prosecutor cannot meet their burden of proof, you should not be convicted of anything, and you should be able to keep your gun rights.
Challenge the Domestic Violence Aspect of the Case
In Washington, a defendant may lose their right to possess firearms if they are convicted of a “serious offense,” which includes…
- Violent crimes,
- Drug crimes classified as at least a Class B felony punishable by up to 10 years in prison, and
- Crimes mentioned specifically by statute, like vehicular assault or homicide, rape, or other serious sexual offenses.
Such offenses do not need to be charged as domestic violence for you to lose your firearm rights.
You will also lose your firearm rights if you are convicted of certain misdemeanor offenses if they are acts of domestic violence. As such, if you are charged with misdemeanors and can remove the domestic violence label from the charges, it may be possible to maintain your firearm rights. This may be possible if the alleged victim is not a romantic partner, spouse, relative, or household member.
Negotiate a Plea Bargain with Prosecutors
Depending on the situation, the prosecutor handling your case may offer a plea bargain. While the prosecutor does not decide how to impose penalties, including the prohibition of firearm rights, they can control how you are charged. As part of a plea bargain, the prosecutor may agree to reduce your charges to something that is not a disabling offense, thereby allowing you to maintain your firearm rights.
Possible Challenges to the Restriction of Firearm Rights Related to Domestic Violence
There are a couple of exceptions to these seemingly blanket restrictions.
Judge Discretion for Property Crimes
If the crime was not assault but was only a property crime like malicious mischief, then the judge is not required to impose the firearm prohibition. Keep in mind that the judge is not required to impose the prohibition, but they are still permitted to at their discretion. So, you should discuss this possible defense strategy with your defense attorney to determine if it is appropriate for your specific situation.
Federal vs. State Definitions of Domestic Violence
Also, Washington state law defines domestic violence as any crime committed against anyone with whom you have had a familial or living relationship. Still, federal law defines domestic violence as a crime committed against someone with whom you have had a familial or familial-type relationship.
If your situation involves a dispute with a roommate, you may be able to avoid the federal prohibition on firearms and only concern yourself with the state prohibition. That’s at least half the battle.
Restoration of Firearm Rights After a Domestic Violence Conviction
The prohibition is for life unless you have your rights restored in Superior Court. This is not impossible, but it’s not easy either. It involves following all probation requirements and filing the restoration case with the Superior Court.
The restoration process involves a waiting period after the close of the case, which can take 3 years for a misdemeanor domestic violence conviction and 5 years for a felony, whether domestic violence or not.
If you are found to have a gun at any point before getting your rights restored, you will likely be charged with “unlawful possession of a firearm,” which is a felony at both the state and the federal level.
What Happens to Your Job if You Lose Firearm Rights After a Domestic Violence Conviction?
You may be wondering, “What if I’m a security guard or a police officer or in the military? My job requires me to own and use a firearm. Surely there is some exception!”
Unfortunately, this law has no such exceptions. If you are in a profession that requires you to use a firearm, it usually means you will lose your job at least during the probationary period. Remember that the probationary period is 3-5 years. It’s unusual for an employer to keep a job open that long, and with the military there’s no way to reinstate you after such a long absence.
Your best option is to use a defense strategy that will give you the best chance to get the charges dismissed, get a not guilty verdict, or use one of the above options that will at least retain your gun rights.
When Does the Ban on Gun Rights Take Affect in Domestic Violence Cases?
You do not become officially prohibited from having a firearm until after you are convicted of a disabling offense. However, your gun rights might be restricted sooner in domestic violence cases. Protection orders are a common part of domestic violence cases. Defendants who are subject to protection orders may be required to relinquish their firearms and refrain from obtaining new ones or carrying any for as long as the protection order lasts. Such an order may go into effect as soon as the arraignment or first appearance.
What Are the Requirements for Gun Right Restoration in Washington State?
First, you must finish the waiting period, which is 5 years for felonies and specific gross misdemeanors and 3 years for all other misdemeanors.
Second, you must have no pending criminal charges when you file your petition to restore your gun rights.
Third, you must have completed all sentencing conditions and requirements before you file your petition, including prison or jail time, court-ordered treatment, restitution, and any other requirements.
Fourth, you must have no prior felony convictions that would count toward an offender score, and you must have no out-of-state convictions that would disqualify you from having a firearm.
Finally, you must be determined by law enforcement to be able to pass the necessary background checks and other legal requirements necessary to lawfully obtain a firearm.
Will You Lose Your Firearm Rights in Washington if You Are Convicted of Domestic Violence in Another State?
Yes. To become prohibited from having a firearm, you must be convicted of disabling offenses in Washington or any other state. Even if the offense is not a disabling offense in the state in which it was committed, you may still lose your gun rights in Washington.
Can Everyone Restore Their Firearm Rights After Being Convicted of Domestic Violence?
No. Anyone convicted of a felony sex offense, a Class A felony, or a felony with a maximum prison sentence of 20 years is ineligible for the restoration of firearm rights. If you were convicted of any such crimes, whether or not they involved domestic violence, you cannot petition the court to restore your gun rights.
Contact Our Washington Domestic Violence Defense Attorneys for Legal Support Now
For a confidential initial case evaluation from our Washington domestic violence defense lawyers, call the Law Offices of Smith & White at (253) 203-1645.