Eligibility Criteria for Restoring Your Gun Rights

To qualify for the restoration of your firearm rights, you must meet the following criteria:

• No Pending Charges: You must not have any pending criminal charges against you in any Washington State or federal court.
• No Active Orders: You must not be subject to any active restraining or protective orders in Washington State or any federal court.
• Type of Conviction: You must not have been convicted of a Class A felony or any felony with a potential sentence of 20 years or more.
• Post-Conviction Community Living: You must have lived in the community for at least five years without any new criminal convictions since completing your sentence for a felony, or three years in the case of a misdemeanor conviction.
• Offender Score: Your prior convictions must not include offenses that permanently disqualify you from possessing firearms as part of your offender score.
• Completion of Sentence Terms: You must have fully completed all terms and conditions of your sentence, including any probation, parole, and payment of fines or restitution.

In Washington State, restoring gun rights after they have been revoked due to a criminal conviction or a mental health issue involves a legal process. Here are the steps typically involved:

1. Eligibility Check:
   • Criminal Convictions: You must wait a certain period after the conviction or release from confinement (including probation and parole). For most felonies, this period is five years; for misdemeanors that prohibit firearm possession, it's three years. You must not have any criminal charges pending against you and must have complied fully with the terms of your sentence.
   • Mental Health Issues: If your rights were revoked due to being committed for mental health reasons, you must obtain a court order restoring your firearm rights. This typically requires proof that you no longer suffer from a condition that would make possessing firearms dangerous.
2. Petition The Court: 
   1. You would typically file a petition in the county where you reside, or in the court where you were convicted if the conviction was out-of-state or federal.
   2. The petition should include all relevant information such as the conviction record, compliance with sentence terms, and other supporting documents demonstrating your eligibility and fitness to safely possess firearms.
3. Court Hearing:
   • The court may schedule a hearing where you can present your case. The prosecutor will be able to oppose your petition, and the court will consider both sides.
   • You may need to demonstrate that you are not likely to act in a manner dangerous to public safety and that restoring your rights is not contrary to the public interest.
4. Judicial Decision:
   • The decision to restore firearm rights is at the discretion of the court. If your petition is successful, the court will issue an order restoring your rights.
5. Follow-up:
   • Once your rights are restored, keep the court order as proof. You might need it for future reference, such as when purchasing a firearm or undergoing a background check.

Legal representation is highly recommended throughout this process, as navigating the legal requirements can be complex. An attorney can provide guidance tailored to your specific circumstances and help strengthen your petition.

Common reasons for gun rights denial include convictions for Class A felonies, any felony punishable by 20 years or more, certain domestic violence misdemeanors, and involuntary commitments to mental health facilities. Other factors can include active restraining orders and pending criminal charges.

Gun rights may be restored for some violent or domestic violence misdemeanors after a specific period and under certain conditions, such as demonstrating rehabilitation and having no recent offenses. However, restoration is generally more challenging for these cases and often requires more substantial legal advocacy.

If an application is denied, the individual can reapply after a period, typically one to two years, depending on the court's guidelines. It is advisable to address the reasons for denial, such as improving one’s legal or personal circumstances, before reapplying.

The duration of the process can vary widely but generally takes several months. The timeline depends on the complexity of the case, court schedules, and any additional investigations or documentation required by the court.

Costs can vary but generally include filing fees, costs for obtaining official records, and attorney fees if you hire legal representation. Total expenses can range from several hundred to a few thousand dollars.

While not mandatory, hiring a lawyer specializing in firearm laws in Washington State is highly recommended. Legal experts can help navigate the complexities of the law, improve the chances of a successful outcome, and handle the petition process more efficiently.

Start by assessing your eligibility based on your conviction and current legal status. If eligible, gather necessary documents such as proof of sentence completion and absence of pending charges, then file a petition in the appropriate county court.