Restoration of Firearm Rights

September 20th, 2007 Filed Under Restoration of Firearm Rights

Do I qualify to have my Firearm Rights restored? The answer that lawyers love to give: maybe. The question is really to broad to answer in one post since there are a number of circumstances where you could lose your firearm rights. Each situation has its own varying levels of complexity. However, here is a very general overview of how it works in Washington State.

If it is a Class A felony or a sex offense, you must seek a Pardon, Annulment, Certificate of Rehabilitation. Future posting will review these processes. This is also true if the crime was committed as a juvenile offender.

If it is a Class B or C Felony the following three conditions must be met: (1) More than 5 years have passed in the community without being convicted of any crime (misdemeanor or felony); (2) No criminal charges are currently pending in any federal, state or local court; (3) The person does not have a prior felony prohibiting the possession of firearms counted as part of the offender score. If these three conditions are met you may be eligible to seek restoration of Firearm Rights.

If the crime is Domestic Violence related and the person is prohibited to own or possess firearms, then the four conditions must be met: (1) More than 3 years have passed in the community without being convicted of any crime; (2) No criminal charges are currently pending in any federal, state or local court; (3) The person does not have a prior felony prohibiting the possession of firearms counted as part of the offender score; (4) The person has successfully completed all conditions of their Judgment & Sentence including any financial obligations.

These are the first thresholds. Now, if you qualify, you must show the court you are worthy. Since the restoration is at the Court’s discretion, you must convince the Court, often through written statements and testimony, that you are worthy of having this right restored.

There is a sweeping exception to what is set forth above. If the conviction is for an offense committed prior to July 1, 1984; an order of dismissal was entered after completion of supervision, and the conviction is for an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances.

Those interested in learning more about restoring Firearm Rights in Washington, can contact me by visiting www.PelleyLawGroup.com.

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