Gun Rights Restoration Process

In Washington State, losing the right to own or possess firearms can have a lasting impact on individuals who have been convicted of certain crimes or subject to protection orders. Fortunately, there is a legal process through which individuals can petition to restore their gun rights. This post explains how the process works, the eligibility requirements, and steps to take if you’re seeking to regain your firearm rights.

Who Is Eligible for Gun Rights Restoration?

In Washington, not everyone who loses their firearm rights will be able to have them restored. Generally, individuals who have been convicted of felonies involving the use of a firearm, domestic violence, or certain drug offenses may be prohibited from possessing guns. However, you may be eligible for gun rights restoration if:

  • You have completed all terms of your sentence, including probation, fines, or restitution.
  • You have not been convicted of a felony or other disqualifying crime in the past five years.
  • You are not currently subject to a protection order or a domestic violence conviction.

The Restoration Process

To begin the restoration process, you must file a petition with the superior court in the county where you live. The petition will ask the court to restore your right to possess firearms. The process involves several steps:

  1. Complete Sentence Requirements: Before filing, make sure that you’ve completed all terms of your sentence, including probation and restitution.
  2. File a Petition: You will need to submit a petition to the court requesting that your firearm rights be restored. The petition should include details about your conviction and show proof that you have met the eligibility requirements.
  3. Court Hearing: After the petition is filed, a court hearing will be scheduled. You will need to appear and provide evidence showing that you are now eligible for restoration of your firearm rights.
  4. Court Decision: The court will review your petition, considering factors such as the nature of the offense, how much time has passed, and whether you have been law-abiding since your conviction. If the court grants the petition, your gun rights will be restored.

Factors the Court Considers

The court has discretion when determining whether to grant a petition for gun rights restoration. It will consider a variety of factors, including:

  • The nature and seriousness of the original offense.
  • Whether you have been rehabilitated and are living a law-abiding life.
  • Your criminal history, including any new offenses.
  • Evidence of positive contributions to society, such as stable employment, community involvement, or treatment programs.

Challenges in the Restoration Process

Restoring your gun rights can be a complex and difficult process. Even if you meet the eligibility requirements, the court may still deny your petition. If the petition is denied, you can reapply after a certain period, but the timeline for reapplication may vary depending on the circumstances.

Regaining your gun rights in Washington State is not a quick or easy process, but it is possible for those who have served their time, demonstrated rehabilitation, and met the legal requirements. At the Law Office of Erin Bradley McAleer, we help clients navigate the legal complexities of restoring their rights. If you are seeking to regain your firearm rights, contact us today to discuss your case and learn how we can help.

Contact us today to schedule your consultation and take the first step toward restoring your rights.