Here is the basic procedure for filing a motion to restore your firearms rights in Chelan County.
Step #1: File Your Motion in Superior Court
You have to file your motion in Chelan County Superior Court. Only superiors courts have the legal authority to hear firearms motions in Washington
Do not file your motion in the Chelan County District Court. Your motion will get rejected and you will have re-file in the superior court.
In Chelan County, you can file your motion electronically or by fax.
A. Filing Electronically
To file electronically in Chelan County Superior Court, click on this link to register to e-file. You will create a User ID and password and verify your account.
Once you complete the registration process, you must log back in and start a new case. To file, you must upload a PDF copy of your motion and pay the required $240 filing fee by credit or debt card, plus processing fees totaling $17.75.
After you e-file, the clerk's office will review your submissions and check for any errors. If your filings are accepted, you will receive an email notifying you to that effect. If there are errors, the clerk's office will likely call and explain how to fix them.
If you can, E-filing is simple and efficient, and I highly recommend it over filing by fax or mail.
B. Fax Filing
To file by fax, complete this form to start a new case and follow the instructions.
You must pay $5.00 for the first page and $1.00 for each additional page. You can pay the faxing fee online through the Chelan Clerk's office.
C. Filing By Mail
Finally, you can file your firearms motion by mail.
Mail a copy of your motion, supporting documents, and a check for the $240 filing fee to the Chelan County Superior Court, 401 Washington Street, Wenatchee, WA 98801.
Make your check payable to “Chelan County Clerk.”
Step #2: Request a Hearing
Filing your case won't get your motion heard in Court. You have to schedule your case for a hearing.
The Court hears firearms restoration motions on Fridays at 9:30 am.
To get a hearing, you have to file the following documents with the Court (either e-filing or by mail):
- Notice of Motion. This document tells the Court that you want a hearing date and when you want it.
- Motion to Restore Firearms. This is the document you initially filed with the clerk's office, but now you must add the case number that you received from the clerk's office.
- Declaration. This document confirms that you meet the legal requirements under RCW 9.41.040(4) for restoring your firearm rights in Washington. Make sure you sign this document under penalty of perjury.
- Proposed Order. This is the document the court will hopefully sign
Step #3: Serve the Prosecutor's Office
Unlike other offices, the Chelan County Prosecutors don't generally take a position on these motions.
Although you are required to send prosecutors a copy of your motion and your motion date, prosecutors will not typically review your motion and determine whether your are eligible for restoration.
Step #4: Appear at Your Hearing
Arrive a few minutes only (always a good rule for every court hearing).
Bring an extra copy of your motion and a copy of your proposed order.
After the hearing--assuming the judge grants your motion--you can obtain a certified copy of your order from the clerk's office for $4.00.
FAQ: Chelan County Firearms Restoration
1. Can I file my motion in Chelan County?
You can file your case in Chelan County if:
- You are a resident of Chelan County
- You live outside Chelan County but Chelan County Superior Court (or the juvenile court) terminated your right to possess or own firearms as a result of a felony or domestic violence misdemeanor conviction.
2. How much do you charge to handle Chelan County cases?
We typically charge $1,750 to file a firearms restoration motion in Chelan County.
We may charge more, however. if you have a criminal record outside Washington, because we may have to obtain the documents from the out-of-state court.