Washington Firearms Rights Restoration
In Washington State, anyone who has been convicted of a felony or a misdemeanor crime of domestic violence is ineligible to possess a firearm. This ban lasts for life, unless the right is restored by a court of record (Superior Court). The ban is absolute. Washington law does not provide an exception for target shooting or collectible guns. Illegal possession of a firearm is a felony under Washington law.
Obviously, this creates a problem for hunters and target shooters. But the ban can also affect those who have no interest in guns. If you have lost your right to possess a firearm in Washington, you are prohibited from knowingly having access to a gun. This means if you have lost your gun rights, you should be careful about entering any situation where you might have access to a gun. If you riding in a car or living somewhere where you know a firearm is present, you could be charged with a felony.
Can I get my gun rights back?
Eligibility for firearms restoration depends mainly upon: (1) the underlying conviction; and (2) the length of time you have been crime free since conviction or release from custody.
The underlying conviction is the conviction that caused you to lose your gun rights in the first place. If the underlying conviction is a Class A felony or sex offense, you are not eligible to restore your gun rights under Washington law.
Restoration requires a period of crime-free time since conviction or release from custody on the underlying conviction. For eligible felonies, the law requires five years without any criminal offenses. For misdemeanors like Assault in the Fourth Degree (Domestic Violence) the period is three years.
If you have questions about your eligibility for firearms restoration, contact Attorney Brett S. Nagle’s office via telephone or by filling out the contact form to the right. We will review your case and advise as to whether seeking restoration is possible and worth your time. We have assisted numerous clients in restoring their firearms rights under Washington State law.
A note on federal law:
If you lost your gun rights for a domestic violence crime, federal law has its own firearms restriction. There is currently no firearms restoration procedure under federal law. This means even if your rights are restored under state law following a domestic violence conviction, the federal government will not recognize the state order. Since the ATF performs background checks, this can cause problems when attempting to purchase a firearm from a dealer. Give us a call if you have questions about whether the federal prohibition applies to you.
Washington Concealed Weapons Permit:
Once your firearms rights are restored under Washington law, you are eligible to apply for a concealed pistol license (CPL). A CPL authorizes a person to carry a pistol concealed on their person, except in prohibited areas (e.g., bars, schools, hospitals). CPLs are issued by the county sheriff or local chief of police. CPLs last for five years before they need to be renewed. Washington is considered a “shall issue” state. This means that if you meet the eligibility requirements in the statute, the government is required to issue you a CPL.
We have helped many clients restore their firearms rights and obtain a CPL. If you have questions about your eligibility for firearms restoration or a CPL, please contact Attorney Brett S. Nagle’s office either by calling or by filling out the form to the right. This page is provided as general information and not intended as legal advice. If you have questions about your specific situation, do not hesitate to contact us.