Restoring Gun Right in WA State
Gun possession is prohibited in Washington State if you have been convicted of a felony or a domestic violence offense. Unless the ban is lifted by a court of record (typically the Superior Court where the individual resides), this ban will last a lifetime. If a firearm is prohibited for any reason, a person cannot possess any firearm. Gun collectors, temporary custody, target shooting, and temporary custody are not exempted from Washington law. Washington law makes it a felony for a person to possess a firearm without a license.
Having these rights revoked can even affect those who aren’t very interested in firearms. When you lose this right, you become ineligible to have or possess a firearm. Therefore, one should take care when riding in a vehicle containing a firearm or when going to a home containing a firearm. A felony charge can be imposed in Washington state for alleged unlawful possession of a firearm.
GUN RIGHTS RESTORATION.
Gun restoration depends on: (1) the nature and severity of a conviction that led to the confiscation; and (2) how long you have been crime-free following that conviction.
The underlying conviction is the conviction that led to your gun rights being revoked. Washington law says you cannot have your gun rights restored if you are convicted of a class A felony or sex crime.
Legally, an individual cannot be restored until they complete a specified period of time without committing any crimes. The period of time during which they cannot be convicted of any criminal offense is known as the waiting period. If the person has not been convicted of any crimes in the past five years (non-class A felonies), he or she is eligible for the program. The period of imprisonment is three years for misdemeanors like Domestic Violence (fourth-degree assault). In the law, a criminal offense includes all types of offenses, whether felonies or misdemeanors. For restoration to be prohibited, the crimes do not have to be violent.
The next step in finding out if you are eligible would be to determine the exact crime and date for which you were convicted. If you are looking for Washington State convictions, you can research your record at this site: Washington State Patrol: Run a criminal history search.
https://fortress.wa.gov/wsp/watch/
You can obtain your criminal history from WSP for $12.00 by clicking this link. We will review this information and determine if seeking restoration is worth your time once we review it.
INTERACTION WITH FEDERAL LAW.
Domestic violence crimes have their own firearms restrictions. If you have lost your gun rights, you will be subject to these restrictions. The federal government does not currently have a restoration procedure. Thus, even if you receive a state court order restoring your rights after a domestic violence conviction, the federal government will not recognize it. This will cause difficulties when attempting to purchase a firearm from a dealer since the ATF performs all firearms background checks. Despite this, it is worth noting that federal definitions of domestic violence are narrower than those in Washington. In Washington, a person’s conviction circumstances (for example, whether the victim was their spouse; whether they were represented by an attorney) may affect whether the federal prohibition applies. Occasionally, individuals have been successful in vacating state domestic violence convictions, then restoring their state – and consequently federal – gun rights. We can help you determine whether the federal prohibition applies to you.
CONCEALED WEAPONS PERMIT FOR WASHINGTON.
You can obtain a concealed pistol license (CPL) once your firearms rights are restored under Washington law. CPL holders are authorized to possess a concealed weapon, except in prohibited settings (e.g., bars, schools, hospitals). Sheriffs and chiefs of police in each county issue CPLs. CPLs must be renewed every five years. The state of Washington is considered to be a “shall issue” state. You are therefore entitled to a CPL if you meet the requirements in the statute.
WASHINGTON CONCEALED CARRY LICENSES AND DOMESTIC VIOLENCE.
In Washington, CPLs must be issued by local police chiefs and county sheriffs. Despite Washington’s “shall issue” law, convictions for domestic violence may make getting your Washington CPL difficult. Under Washington law, CPLs are not granted to applicants who are prohibited by federal law from possessing firearms. The newly restored firearms right may be considered valid by some jurisdictions after a conviction for domestic violence, if the recently restored right is the only “hold” on your firearms rights. If you are denied a CPL, you can challenge the agency’s decision in Superior Court. Other jurisdictions will read the lingering federal prohibition as a ground for denial.
If you’re interested in learning how to regain your right to own weapons in Washington State and to read the full statute, click here.