Gun Rights & Domestic Violence Convictions in Washington State

If you’re facing a domestic-violence allegation in Tacoma, Lakewood, or Puyallup and you own firearms or have a CPL, the rules are complex and the stakes are high. Washington courts can require firearm surrender before any conviction, certain DV misdemeanors can bar possession, and federal law can add a separate prohibition. Here’s how Pierce County courts typically handle these issues and how to protect yourself. If you know a case may be filed, but has not yet been filed, contact Smith & White immediately while you still have options on how to legally transfer your firearms. As licensed FFLs, Smith & White can help you get the guns where they belong BEFORE the court orders you to surrender the firearms to law enforcement.

For help with your case from our Tacoma, WA criminal defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Quick Answer

A DV protection order can require immediate surrender of all firearms and your CPL. After certain DV-tagged convictions, it’s illegal to possess any firearm or ammunition. Some people can later petition to restore state rights, but a separate federal prohibition may still apply.

What “Domestic Violence” Means—and Why It Matters

“Domestic violence” is a designation, not a standalone charge. It can attach to Assault 4, Harassment, Malicious Mischief (property damage), Interfering with Reporting, or Violating a No-Contact Order when the parties qualify as “family or household members” or intimate partners. A DV-tagged misdemeanor can still trigger a firearms ban under Washington law and can also create a separate federal disability.

Note: For offenses committed on or after July 23, 2023, Washington expanded the DV misdemeanors that can trigger firearms restrictions.

When Gun Rights Get Restricted

1) Before Conviction: Court Orders & Immediate Surrender

At or shortly after first appearance, Pierce County courts often issue no-contact orders with orders to surrender and prohibit weapons. If the order includes firearms language, you must:

Surrender all firearms and your CPL as directed (typically to law enforcement);
File proof of surrender; and
Appear for a compliance-review hearing if set.

Washington law authorizes firearm surrender and requires courts to verify compliance (see RCW 9.41.800–.801). Civil protection orders, including DVPOs and ERPOs, are consolidated in chapter 7.105 RCW.

2) After Conviction: Washington Law

After certain DV-tagged convictions, possessing a firearm becomes unlawful and continued possession can be charged separately as Unlawful Possession of a Firearm (see RCW 9.41.040).

3) Federal Overlay: Separate and Additive

A qualifying misdemeanor crime of domestic violence creates a federal prohibition on possessing firearms and ammunition, and some DV protection orders also bar possession while the order is active (see 18 U.S.C. § 922(g)).

How Firearm Surrender Works (What Courts Expect)

Bring: Government ID, CPL, and a list of firearms (make/model/serial if known).
Turn-in: Follow the order exactly—most require surrender directly to law enforcement unless the order expressly authorizes an approved transfer.
Proof: Obtain a property receipt and complete any required court declaration; keep copies for your hearing.
Deadlines: If you can’t meet a deadline, speak with your lawyer immediately.
Transfers: Only if the order permits, use a *licensed FFL. Do not “park” items with friends or relatives.
Transport: Bring items unloaded and secured (locked case if available). If you store firearms off-site (safe-deposit box, storage unit, relative), tell your lawyer first—courts often ask where each item has been and may require documentation for any location changes.
*Smith & White, PLLC is also a licensed FFL

Collateral Consequences You Should Expect

CPL: Usually suspended or revoked while you’re prohibited; ask counsel when and how to reapply after any restoration.
Ammunition: Prohibited persons are also barred from possessing ammo under federal law.
Purchases / NICS: Even after a state restoration, NICS may still deny a purchase until your federal status is cleared—have counsel verify first.
Return of Property: When an order ends, law enforcement typically requires a court order and matching receipts to release property.
Background Checks: Even when you believe you’re eligible, NICS delays or denials are common until records update. Your attorney can help resolve data mismatches and advise on timing.

Can Firearm Rights Be Restored?

For some people, yes—under Washington law, but it’s not automatic.

Baseline requirements generally include: completing all sentence terms; a consecutive crime-free period (often 3–5 years, varying by misdemeanor vs. felony and history); no current disqualifying orders; and filing a petition in Superior Court to obtain a signed restoration order (see RCW 9.41.041, with effects in RCW 9.41.040(4)).

Important: A Washington restoration order does not automatically remove a federal prohibition. Have your attorney confirm your federal status (including NICS implications) before you possess or apply for a CPL.

Example: Pierce County DV Case Involving Firearms

Avery is arrested in Tacoma for Assault 4 (DV). Here’s how the process typically looks:

First appearance & order: The court issues a no-contact order with immediate firearm and CPL surrender.
Surrender & proof: Avery turns in three firearms and the CPL, obtains property receipts, and files the required declaration.
Compliance review: Avery appears and presents proof; the court verifies completion and may set further dates if anything is missing.
Conviction outcome: If Avery later pleads to Assault 4 (DV), Avery becomes prohibited from possessing firearms.
New-charge risk: Keeping one “for protection” could trigger a separate Unlawful Possession case in addition to the DV matter.
Restoration planning: Months later, counsel evaluates state restoration eligibility and whether a federal prohibition would still apply before advising on next steps.

FAQs

Can I own a gun after Assault 4 (DV) in Washington?
Often no—that conviction can trigger a state prohibition and may create a separate federal disability.

Does a protection order suspend my CPL and require surrender?
If the order includes firearms language, expect CPL surrender and no possession while it’s active.

How do I get my guns back when the order expires?
You’ll need to be legally eligible and provide receipts and any required court paperwork. If you were convicted, you may need a restoration order first.

Is a Washington restoration order enough to buy a firearm?
Not necessarily. You may still be federally prohibited until counsel confirms your status; NICS may otherwise deny the transaction.

Practical Checklist (Tacoma / Lakewood / Puyallup)

Tell your lawyer every firearm you own or control and your CPL.
Follow the exact surrender instructions; keep receipts and declarations for court.
Don’t attempt private “storage”—use an FFL only if your order allows.
Don’t downplay misdemeanors—they can trigger state and federal bans.
Discuss a long-term plan on Day 1; plea terms can determine future eligibility and federal exposure.

If you’re dealing with a DV allegation or an order involving firearms in Tacoma, Lakewood, Puyallup, or anywhere in Pierce County, we can help.

For help with your case from our Tacoma, WA criminal defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.