How to Restore Your Firearm/Gun Rights in Washington State
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?
Restoring firearm rights can be a complex and challenging process. Individuals who have lost their gun rights due to criminal convictions or mental health issues often face numerous obstacles when seeking to have those rights reinstated. Here, we explore some common challenges and provide tips to overcome them.
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) 203-1645.
Will You Automatically Lose Your Gun Rights Because of Criminal Conviction in Washington?
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.
Can You Restore Your Gun Rights After a 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 You 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).
How Can You Increase Your 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 Happens After You 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.
Why a Court Might Block Your Petition to Reinstate Gun Rights
It’s important for individuals seeking to restore their firearm rights to understand the legal processes involved and to seek legal counsel. The guidance of an attorney who has experience in restoring firearm rights can help you handle the process correctly, maximizing the chances of a successful outcome.
Insufficient Evidence of Rehabilitation
One of the primary reasons courts deny petitions to restore firearm rights is insufficient evidence of rehabilitation. Applicants may need to convince the courts that they have turned their lives around and are no longer a threat to public safety. To demonstrate rehabilitation, applicants should provide comprehensive evidence of their positive contributions to society. This proof can include:
- Community service: Volunteering and participating in community service projects.
- Job stability: Maintaining steady employment and demonstrating a strong work ethic.
- Educational programs: Completing educational or vocational training programs.
By presenting a well-documented history of positive behavior, applicants can strengthen their case for restoring their firearm rights.
Opposition from Victims or Law Enforcement
Another significant challenge is opposition from victims or law enforcement. These parties may raise objections during the petition process, arguing that the applicant should not have their gun rights restored. Thorough preparation will be crucial. Applicants should be ready to address specific concerns raised by victims or law enforcement. This can involve:
- Direct responses: Provide clear and direct responses to objections, demonstrating how the applicant has changed and why they no longer pose a threat.
- Character references: Gather letters of support from community members, employers or other reputable individuals who can vouch for the applicant’s character and rehabilitation.
By addressing concerns head-on and providing strong character references, applicants can improve their chances of overcoming opposition.
Federal Laws or Restrictions May Override Local Laws
Even if a state restores an individual’s gun rights, federal law may still prohibit them from possessing a firearm. This issue is particularly true for individuals convicted of violent felonies, sexual offenses, or crimes involving firearms. Additionally, state statutes may define mental health prohibitions more broadly than federal law, leading to further complications.
Understanding the interplay between state and federal laws is crucial. Applicants should:
- Consult an attorney: Attorneys specializing in firearm rights restoration can help applicants navigate the complexities of state and federal laws and regulations.
- Stay informed: Keep up-to-date with changes in laws and regulations that may impact their eligibility for firearm rights restoration.
By taking these steps, applicants can better understand their legal standing and appropriately address any federal restrictions.
Benefits of Restoring Your Gun Rights in Washington State
For individuals who have lost their rights due to legal issues, regaining these rights can represent a critical turning point. What benefits and freedoms come with the restoration of firearm rights?
1. Peace of mind
Unlawfully possessing a firearm can lead to additional felony charges. When you restore your firearm rights, you won’t have to worry about severe legal consequences if you have a firearm. Knowing that you are not at legal risk can make you feel more secure and at ease.
2. Personal safety and self-defense
Many people see owning a firearm as key to their safety. With restored rights, you can defend yourself and your family, especially in areas or situations where police can’t respond quickly. This is a major reason why people want to restore their rights.
3. Hunting and recreational use
Hundreds of thousands of people in Washington hunt every year. For many, hunting is a family tradition and a way to connect with nature. Restoring your rights lets you legally hunt and share this experience with friends and family.
4. Employment opportunities
Some jobs require handling or possessing firearms, like in security or law enforcement. Restoring your rights can open up these job opportunities. This is especially important if you want to return to a previous career or start a new one that would require you to use firearms.
5. Collecting firearms
For enthusiasts, collecting firearms is a passion and a hobby that often requires the legal right to possess various types of firearms. Restoring firearm rights allows collectors to pursue this hobby. It lets you legally expand your collection and participate in exhibitions and historical preservation.
6. Demonstrating rehabilitation
Getting back your firearm rights can help you reintegrate into society. It is a big step towards rehabilitation, proving your commitment to following the law and societal norms. It is also a big personal achievement, can help you overcome the stigma of past convictions and make you feel like a full member of society.
A Proactive Approach is Vital
Individuals seeking to have their gun rights reinstated should be proactive and strategic legal approach rather than risking additional criminal charges. This approach also demonstrates a commitment to responsible gun ownership and public safety.
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.
Restore Your Gun Rights Following a Criminal Conviction in Washington
Restoring your firearm rights offers many benefits beyond just owning a gun. For many, it’s a key step towards normalcy and stability. Contact our law firm today to explore whether you might be eligible for restoring your fifth amendment rights.