Here is the typical procedure for filing your firearm restoration motion in Clark County.
Step #1: File the Motion in Superior Court
You have to file your motion in the Clark County Superior Court.
In Washington, only superior court judges can rule on motions to restore firearm rights.
Do not file your motion in Clark County District Court or one of the two county's municipal courts (Battle Ground or Camas-Washougal). These courts will automatically reject your motion and you'll have to start over in superior court.
Step #2: How to file your firearms motion
You can file your motion electronically or by mail.
To E-file in Clark County Superior Court, you have the complete the registration form and email it to [email protected]. The registration process can take up to 4 weeks, but the clerk's office will assign you a temporary account in the interim if you want to expedite the process.
Before you can start, however, you have to complete and email the following documents to [email protected].
- Case Information Cover Sheet
- Motion to Restore Firearm Rights
- Confidential Information Form: On this form, you must include sufficient information for the clerk's office to identify you. At a minimum, you should include your DOB, driver's license number, social security number, home address, and phone number. This form is sealed and is not available to the public.
Once you provide these documents, the clerk's office will contact you by phone and take your payment for the filing fee ($240) via credit or debit card and assign you a case number.
B. Filing by Mail
If you don't have access to the Internet, or you prefer to file by mail, send a copy of your motion, confidential information form, case information cover sheet, and a check for the filing fee to Clark County Superior Court Clerk's Office, PO Box 5000, Vancouver, WA 98666-5000.
Be sure to provide an extra copy of your motion and ask the clerk's office to return a conformed copy. This means a copy of your motion with the case number attached.
The mailing process takes approximately 1-2 weeks.
Step #3: Get a Hearing
Filing your case alone won't get your motion heard in Court. You have to schedule your case for a hearing before the Court.
To get a hearing, you have to file the mail the following documents to the Court:
- 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 it'll have a case number attached.
- Declaration. This document confirms that you meet the requirements under RCW 9.41.040(4) for restoring your firearm rights in Washington. You have to sign this document under penalty of perjury.
- Proposed Order. This is the document the court will hopefully sign
Step #4: Serve the Prosecutor's Office
You are required to give a copy of your motion to the prosecutor before the Court will hear your motion.
The Clark County Prosecutor's Office will review your motion and determine whether you're eligible. The prosecutor's office accepts service via email.
You will need to provide the prosecutor with all the documents that you filed with the Court.
If prosecutors agree that you are eligible, then you are in very good shape. Although a judge is not required to sign an agreed firearms restoration motion, it's rare.
If prosecutors object, they will typically file a written objection with the Court. Just because the prosecutors object does not mean that you won't win your motion, but you'll need to address their argument in court.
To give prosecutors a sufficient time to review your motion, you schedule your hearing approximately 3-4 weeks out.
FAQ: Clark County Firearms Restoration
Can I file a firearms restoration motion in Clark County Superior Court?
You can file your motion in Clark County if one of the following applies:
- You are a resident of Clark County
- You live outside Clark County but Clark County Superior Court terminated your right to possess firearms as a result of a felony or domestic violence misdemeanor conviction
Example: You live in Seattle but you were convicted of felony drug offense in Vancouver. You can file your motion in Clark County Superior Court because the superior court terminated your firearm rights.
Can I file a firearms restoration motion in Clark County District Court?
No. Only superior court can hear a firearms restoration motion.
Where is Clark County Superior Court located?
Clark County Superior Court
1200 Franklin Street
Vancouver, WA 98660
How can I contact the Clark County Prosecuting Attorney?
Clark County Prosecuting Attorney's Office
1013 Franklin Street
Vancouver, WA 98660
Email: [email protected]