In Washington, you can restore your right to possess and own a firearm if you are convicted of a domestic violence offense.
To do so, you must meet the following six requirements:
(There are similar requirements if you have a felony conviction).
1. You have completed your sentence
To be eligible, you must have completed all conditions of your misdemeanor sentence.
This includes the following:
- Serving any jail time
- Attending all probation appointments
- Domestic violence treatment
- Firearms safety classes
- Any other probation conditions
This also includes paying off all of your fines (court costs, court fines, and probation fees).
2. There are no pending criminal charges against you
You cannot have any pending charges against you in any court jurisdiction nationwide. (A pending case means a case that is still ongoing and has not resolved).
This includes any criminal case in Washington or any other state. This also includes any federal court or tribal court.
Only criminal charges count. Civil lawsuits and traffic tickets, for example, won't prevent you from getting your gun rights back.
3. You have gone 3 consecutive years without being convicted of a crime
Under RCW 9.41.040, you can petition to restore your firearm rights if you have spent three (3) consecutive years in the community without being convicted of a crime.
This "crime free" period normally means the 3 most recent years before you file your restoration motion. But under the law, it also includes any 3 consecutive years without a criminal conviction.
The 3-year "clock" starts when you finish your sentence.
Example #1: You pleaded guilty to a DV misdemeanor in 2012 and finished your sentence in 2015. You file a motion to restore your firearm rights in 2020. You are eligible because you have been crime-free for over 3 years.
Example #2 You pleaded guilty to a DV misdemeanor in 2012 and you finished your sentence in 2015. You pleaded guilty to a DV misdemeanor in January 2019 and finished your sentence in December 2019. In 2020, you file a motion to restore your gun rights. You are eligible because you spent over 3 crime-free years in the community between 2015 and January 2019.
4. You have not been convicted of a Class A felony
Class A felonies are the most serious crimes in Washington. They carry a maximum possible punishment of life in prison.
Here are the most common Class A felonies in Washington
- Aggravated murder
- Murder in the first degree
- Murder in the second degree
- Manslaughter in the first degree
- Burglary in the first degree
- Robbery in the first degree
- Assault in the first degree
- Assault of a child in the first degree
- Arson in the first degree
- Vehicular homicide
You also cannot restore your firearm rights if you have been convicted of conspiracy or solicitation to commit a Class A felony.
5. You do not have any sex offenses
You cannot restore your firearm rights if you have any convictions for sex crimes. Most sex offenses are located in RCW 9A.44.
Here are the most common sex crimes in Washington
- Rape in the first degree
- Rape in the second degree
- Rape in the third degree
- Rape of a child (any degree)
- Child molestation (any degree)
- Commercial sexual abuse of a minor
- Incest (any degree)
- Indecent liberties
- Sexual misconduct with a minor in the first degree
- Sexual misconduct with a minor in the second degree
- Failure to register as a sex offender (felony only)
Under the law, a sex offense also includes any traditional felony (i.e. robbery or kidnapping) with a finding of sexual motivation.
The most serious sex crimes in Washington (e.g. rape in the first degree) are also class A felonies.
6. Your felony convictions have washed out
Under Washington law, your prior felony convictions wash out (i.e. disappear for purposes of firearm rights restoration) once you have gone a certain period of time without committing any new crimes.
The wash out period for Class C felonies is 5 years. The wash out period for Class B felonies is 10 years.
Class A felonies and sex offenses never wash out.
Example #1: You are convicted of a class B felony in 2004. You petition to restore your firearm rights in 2020. You are eligible because your class B felony has washed out ... assuming you meet the other requirements.
Example #2: You are convicted of a class C felony in 2014. In 2018, the State charges you with DUI but later dismisses the case for lack of evidence. You petition for restoration in 2020. Your class C conviction has washed out because you were not convicted of DUI. You can restore your firearm rights ... assuming you meet the other requirements.