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RESTORING YOUR FIREARM RIGHTS IN WASHINGTON
Take Back Your Rights
Restoring your Second Amendment right to own a firearm can be a difficult, complex process. Many states do not allow you to restore your firearm rights, or they restore them so infrequently that it doesn’t really matter. Thankfully, Washington has a clear process to restore your firearm rights under RCW 9.41.040.
Unless there is another reason you’re prohibited from having a gun, Washington’s firearm rights restoration process should fully restore your Second Amendment right. If a juvenile conviction is preventing you from owning a gun, you can restore your rights by sealing your juvenile record or by using the process outlined in RCW 9.41.040.
Restoring your Second Amendment right involves both state and federal law and is often complicated. The following information is meant to help you understand your rights and ability to restore your firearm rights, but this area of law typically requires an experienced attorney.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Can You Get Your Firearm Rights Back?
The state of Washington allows for your firearms rights to be restored by meeting the basic requirements under RCW 9.41.040:
Basic Requirements to Restore Your Firearms Rightsarrow_drop_down
- You cannot have been convicted of any new criminal offenses during the prior 5-year waiting period if your firearm rights were taken away based on a felony conviction.
- You cannot have been convicted of any new criminal offenses during the prior 3-year waiting period if your firearm rights were taken away based on a non-felony conviction. (if for domestic violence, please refer to the legal consequences below)
- You may not have been convicted of a Class A Felony.
- You may not have been convicted of a Felony Sex Offense.
- You may not have a conviction for any felony which has a minimum sentence of 20 years, or longer.
- You may not be subject to any court domestic violence restraining order, injunction or other order, either civil or criminal.
- You cannot have any pending criminal charges or criminal proceedings.
- You must have satisfied all the conditions of each sentence for every conviction on your record.
The first few requirements are straightforward, but, as you can see above, the remaining requirements are very subjective, and largely up to the judge’s discretion. Every county and judge interpret the requirements differently, but our law firm has had good success in having our client’s firearm rights restored using this process.
Federal Firearm Lawsarrow_drop_down
- who is a fugitive from justice
- who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802)
- who has been adjudicated as a mental defective or has been committed to any mental institution
- who is an illegal alien
- who has been discharged from the Armed Forces under dishonorable conditions
- who has renounced his or her United States citizenship
- who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner
- who has been convicted of a misdemeanor crime of domestic violence.
Legal Effects of Restoring Your Firearm Rights
If your petition for relief under RCW 9.41.040 is granted by the court, your firearm rights should be restored under both Washington and Federal law. There are different ways to have your firearm rights restricted under federal or Washington law, and it is important to understand why your rights were taken away before beginning this process. It should be noted that you can almost never restore firearm rights based on federal convictions.
Convictions for misdemeanor domestic violence prevent firearm right restoration under federal law in most states; however, if you have been convicted of misdemeanor domestic violence in the fourth degree, you can restore your rights under Washington State law, but they will not be restored under federal law. The intersection between state and federal firearm law is a complex subject, but we’re happy to talk with you in more detail. If you have a federal crime prohibiting you from owning a gun, it’s unlikely that you will be able to restore that right.
Restoring firearm rights involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Restore Your Firearm Rights
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
We Are Here to Help
Each of Washington's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Washington criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Washington criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Washington criminal record.