Restoration of Firearm Rights in Washington – Eligibility, Process, and Challenges
In Washington State, certain criminal convictions can result in the loss of your right to possess firearms. For many people, this loss is one of the most significant and lasting consequences of a conviction. Fortunately, Washington law allows some individuals to restore their firearm rights if they meet specific eligibility requirements. Understanding the law, the steps in the process, and the potential challenges is critical before pursuing restoration.
When Firearm Rights Are Lost
Under both Washington and federal law, individuals convicted of a felony or certain domestic violence offenses lose their right to possess firearms. The restriction applies whether the conviction occurred in Washington or another state and continues until the right is formally restored by a court.
Eligibility for Restoration
Eligibility depends on the type of conviction and the time that has passed since completing your sentence. In Washington:
- Felony convictions – You may petition for restoration if you have spent at least five consecutive years in the community without being convicted of any new crimes, have completed all terms of your sentence, and your conviction was not for a Class A felony, a sex offense, or a felony involving a firearm.
- Domestic violence misdemeanors – You may petition after three consecutive years in the community without new convictions, provided your offense was not a felony DV crime and you have completed all sentence requirements.
The Restoration Process
Restoring firearm rights requires filing a petition in the superior court of the county where you live or where your original conviction occurred. You must provide documentation showing your eligibility, such as court records confirming your conviction type, proof of completed sentence, and evidence of a crime-free period. If the court grants the petition, it will issue an order restoring your rights, which must then be provided to law enforcement and entered into the state and federal background check systems.
At the Law Office of Erin Bradley McAleer, we can assist by running a Washington State Patrol (WSP) background check to help determine your eligibility before filing. We charge a fee to process this check through our system, or you may obtain your own copy directly from the Washington State Patrol and send it to us for review. To run your own background check, visit the official WSP WATCH portal here: https://watch.wsp.wa.gov/.
Common Challenges
The process can be delayed or denied if your conviction is ineligible under Washington law, if you have not met the required time period, or if you still owe legal financial obligations. Federal law can also pose challenges—particularly for individuals with certain domestic violence convictions—because restoring rights under state law does not automatically remove all federal firearm restrictions. In some cases, legal representation is critical to ensure eligibility is correctly assessed and the petition is properly presented.
The restoration of firearm rights in Washington is possible for many people, but the rules are strict, the process is detailed, and mistakes can lead to unnecessary delays or denials. Our office can help you determine eligibility, guide you through the petition process, and ensure your rights are fully restored under state law. Contact the Law Office of Erin Bradley McAleer today for a free consultation and let us help you take the first step toward restoring your rights.