How Do I Get My Gun Rights Back?

What Kind of Crimes Can Take My Gun Rights Away?

1. An individual is prohibited from petitioning the court to have the right to possess a firearm if the individual has been convicted or found not guilty by reason of insanity of: A felony sex offense; a class A felony; or a felony offense with a maximum sentence of at least 20 years. RCW 9.41.041
2. RCW 9A.44 statute lists certain sex offenses that result in a permanent loss of gun rights.
3. An individual can lose their gun rights due to conviction of certain misdemeanor offenses when those convictions are accompanied by a “domestic violence” tag, including assault in the fourth degree, coercion, stalking, criminal trespass in the first degree, reckless endangerment, or violations of the provocation of a protection order or no-contact order.
4. An individual can also lose their gun rights by having been involuntarily committed for mental health treatment under RCW Chapter 71.

How Do I Get My Gun Rights Back in Skagit County if I Was Convicted of a Felony?

RCW 9.41.041 statute outlines restoration of firearms after being convicted of a felony in Washington State. The following requirements are to be met:

• You have five consecutive years without being convicted of a crime that prohibits firearm possession (ex: crimes against a person).
• You have three consecutive years without being convicted of any crime.
• You have never been convicted of a class A felony or any sex offense (these include juvenile offenses).
• There are no pending criminal charges against you in any state*.
• You have completed all the conditions of your sentence, including owed restitution. 

*If you have been convicted of a crime in a different state, you will need to contact an attorney in that State.

Procedural Steps:

Once it is determined that you meet the requirements of RCW 9.41.04, the process for restoring your gun rights can take up to 1-3 months. It is made up of two parts including the administrative portion and the waiting period. The administration process for Skagit County consists of the following:

1. Drafting and filing the petition: When the client first hires, we will run a criminal history background check through the Washington State Patrol (WSP). This check is instant, except in the cases of a common name or multiple aliases, which will require:
   • Fingerprinting through WSP or the FBI, which can be done at the client’s local precinct.
   • Once the client returns the completed fingerprint card to our office, we send them to the appropriate agency and wait for a response. In some cases, this can take up to 3 weeks.
2. Once we have obtained the client’s criminal history, we draft the petition and the proposed order for restoration of firearms. Then:
   • The client reviews the petition and signs.
   • The Petition is filed with the court, along with a Notice of Hearing. A filing fee of $240.00 is required at the time of filing.
   • The petition is filed with the prosecuting attorney, who then does their own criminal history review.
3. Prosecutor’s review: The prosecutor will review the criteria above to determine if the client meets the requirements as mentioned in RCW 9.42.041. The prosecutor must verify in writing that he or she has reviewed all records pertaining to the client and that the client meets all requirements, including a written verification from Washington State Patrol that they have conducted a records search of all civil and criminal records for the individual. If the individual qualifies, the prosecutor will sign the proposed order. This can take up to three weeks, depending on how quickly WSP responds to the Prosecutor.
4. Court review: Once the prosecution has agreed that the client is eligible for a restoration, the judge will review the petition and the agreed order and ask any applicable questions. If the order is signed, the court will forward the signed order to WSP and local law enforcement within three judicial days after entry. If there are corrections to be made, the judge will let both the prosecutor and defense attorney know, and the hearing will be re-noted. The client does not need to attend the court hearings, as the defense attorney will attend on their behalf.
5. Washington State Patrol notification: After the order is signed off by the judge, and the court forwards the signed order to WSP, it may take a while until the FBI database is updated.
   
   The waiting period starts after the order is signed by the judge. We recommend our clients to wait 90 days prior to purchasing a firearm to allow for Washington State Patrol and the FBI database to receive and process the court orders. When purchasing a firearm through a licensed dealership, the client’s name and date of birth are ran through the National Instant Criminal Background Check System, or NICS, which is generated by the FBI. If the client’s record has not been updated with the FBI, then a negative NICS report will be sent to the dealership, causing a denial in purchasing.
   
   Should this happen after the firearm restoration is complete, our office will open a case with the FBI to contest the denial. This will require additional fingerprinting and another brief waiting period. Once the FBI receives all documentation, they will send a certificate of eligibility for purchase.

How Do I Get My Gun Rights Back in Skagit County if I Was Convicted of a Crime of Domestic Violence?

Some crimes that are misdemeanors still result in a loss of firearm rights. If the crime is one of domestic violence crimes like stalking, assault, criminal trespass, or violation of a protection order, you will lose your gun rights. RCW 10.99.020 outlines all the crimes of domestic violence. In order to restore your gun rights after a misdemeanor domestic violence conviction, you must meet the following requirements:

• You must have 3 consecutive years without being convicted of any crime.
• All conditions of your sentence are completed, including restitution.
• There are no pending criminal charges against you in any state*.
• You have never been convicted of a class A felony or sex offense.

*If you have been convicted of a crime in a different state, you will need to contact an attorney in that state.

If you meet the above requirements, the process to restoring your gun rights after a misdemeanor conviction is the same as it is with a felony conviction.

Do I Lose My Gun Rights if I Have a Juvenile Conviction? How Do I Get Them Back?

In Washington State, you do lose your gun rights if you have a juvenile conviction. Since juvenile records are sealed, there are some extra steps to take to restore your gun rights. The requirements are the same as mentioned above. However, the first step in the administration process is to unseal your juvenile record in order to obtain your criminal history. We would draft a motion and declaration to allow access to your records (typically just the Judgement and Sentence Order) and schedule a hearing before a judge. At the hearing the judge will determine if the requirements of unsealing are met. Once we have obtained the client’s criminal history including juvenile history, we draft the petition and the proposed order for restoration of firearms. The rest of the process remains the same.