Can a Felon Ever Restore Gun Rights in Washington?
When a person is convicted of a felony in Washington State, they may lose their right to own, possess, or carry a firearm. This condition is permanent unless your rights are later restored. While restoration is possible for some, it is not an easy process, and you should consult a lawyer.
To restore your gun rights, we must check that you meet the eligibility criteria. These criteria include the completion of all sentencing requirements, and a certain amount of time must pass during which you remain free from criminal conviction. We must then file a petition with the Superior Court of your county and notify the prosecutors in that county. If more information is needed, the court may schedule a hearing on the matter.
Begin with a confidential initial review of your case by calling our Washington criminal defense lawyers at the Law Offices of Smith & White at (253) 203-1645.
How Do You Restore Your Gun Rights After a Felony Conviction?
Restoring your gun rights after a felony conviction is possible, but only if you meet specific eligibility criteria and follow strict legal procedures. Do not attempt to do this on your own. Hire a lawyer for help.
Petitioning the Court
You must submit a petition to restore your rights to the Superior Court in your county. The petition should include all the necessary information to restore your rights, including proof that you meet all eligibility criteria.
Meeting Eligibility Criteria
To have your gun rights restored, you must first show that you have completed all sentencing conditions, other than non-restitution fines and fees. You may not restore your gun rights if your sentence is still ongoing.
Next, our Lakewood, WA criminal defense lawyers must show that you have no pending charges for any felony, gross misdemeanor, or misdemeanor when we file the petition.
As described below in more detail, a certain amount of time must pass, during which you must remain free from criminal convictions. The time required will depend on your prior conviction.
You must also have no prior felony convictions that would count as part of an offender score, and no convictions in other states that would disqualify you from legally possessing a gun in those states.
Finally, we must show the court that, if the restoration petition were granted, you would pass a background check needed to obtain a firearm.
Involving Prosecutors
We must serve notice of the petition upon the prosecutor’s office in the country where the petition is filed. Prosectors must notify victims, including anyone with a full protection order or no-contact order against you.
Prosecutors must also verify in writing that they conducted a records check and whether there is sufficient evidence to determine that the petitioner meets the eligibility criteria for restoration. If we do not inform prosecutors of your petition, it cannot move forward.
Limitations of the Restoration of Gun Rights in Washington
While restoring gun rights is possible, not everyone may be eligible. If you are unsure whether you can have your rights restored, ask a lawyer for help immediately.
Not Everyone if Eligible
First, not everyone may be eligible to have their gun rights restored. Certain people may be categorically barred from restoring gun rights based on their previous convictions.
Under Washington law, a person who has been convicted or found not guilty by reason of insanity of any of the following offenses may not have their gun rights restored:
- Class A felony
- Felony sex offense
- Any felony or offense with a maximum sentence of at least 20 years
Restoration is Not Automatic
It is important to note that restoration does not happen automatically when a convicted defendant completes all the terms of their sentence. Completing your sentence is only one part of the many eligibility criteria.
We must still petition the court and notify prosecutors. It is also possible that prosecutors will object to the petition for some reason, so the outcome is not guaranteed.
Time Requirements
A certain period must pass during which the petitioner remains free from criminal conviction. The time required varies depending on the nature of the underlying felony conviction.
For example, someone must go at least 5 years without a conviction if they were previously convicted of any felony or of specific gross misdemeanors as listed by statute. However, only 3 years are required for those convicted of certain non-felony crimes mentioned by statute.
Do You Need a Lawyer to Help You Restore Your Gun Rights in Washington?
Although there is no law requiring that you hire a lawyer to help you restore your gun rights, doing so is in your best interest.
Understanding Petition Requirements
The eligibility criteria to restore your gun rights are complex, and it can be difficult for someone with no legal background to determine if they meet these criteria. Even if they do, they might not know how to prove it when they file a petition. An attorney should know how to submit your petition and what information needs to be included to give you the best shot at having your rights restored.
Communicating with the Court and Prosecutors
We must contact prosecutors and involve them in the whole process. Without a lawyer, you might not know how to contact the prosecutor’s office or how to properly notify them of your petition. Remember, without involvement from prosecutors, your petition cannot move forward.
Filing Paperwork
When restoring your gun rights, we must complete the correct petition with the required information and submit it to the appropriate office. While filing paperwork might not seem like a big deal, a mistake could set you back significantly. An attorney can help you avoid errors, so your case moves as smoothly as possible.
FAQs About Restoring Your Gun Rights in Washington After a Felony Conviction
Can You Restore Your Gun Rights After a Felony Conviction?
Possibly. If you meet the legal criteria required to restore your gun rights, an attorney can help you file a petition with the courts to hopefully make that happen. Remember, restoration is possible but not guaranteed.
Where Do You Go to Restore Your Gun Rights?
To restore your gun rights, we must file a petition with the Superior Court in a county where you are prohibited from having a firearm. We must also notify the prosecutor’s office in that same county.
How Do You Ask to Have Your Gun Rights Restored After a Felony Conviction?
You must file a formal petition to have your gun rights restored. Restoration is not automatic, and we must go through the courts to make it happen. The petition must be drafted and submitted according to court rules, which you should review with your lawyer.
Will Your Gun Rights Be Restored After Filing the Necessary Petition?
Maybe. The outcome is not guaranteed, and your petition may be denied if you do not meet certain eligibility criteria or if prosecutors object.
Ask Our Washington Gun Crime Lawyers for Help Restoring Your Rights
Begin with a confidential initial review of your case by calling our University Place, WA criminal defense lawyers at the Law Offices of Smith & White at (253) 203-1645.