Here is the typical procedure for filing a motion to restore your firearm rights in Douglas County.
Step #1: File Your Motion in Superior Court
You have to file your motion in Douglas County Superior Court. Only superior court judges have the authority to hear firearm restoration motions.
You cannot file your motion in Douglas County District Court. You also cannot you're your motion in East Wenatchee Municipal Court, even if you live in East Wenatchee.
District courts and municipal courts do not have the power to restore firearm rights. If you file in these courts, the clerk's office will automatically reject your motion and you'll have to re-start in superior court.
Step #2: E-Filing vs. Filing by Mail
You can file your motion by mail or electronically.
To start the process. go to the e-filing site and create an account. Once you create an account, you have to upload the required documents for filing:
- Petition for Restoration of Firearms Rights: This is your formal motion
- Signed declaration: This document certifies that you meet the requirements for restoring under firearm rights under RCW 9.41.040(4). You must sign this document under penalty of perjury.
- Confidential Information Form: Before the clerk's office can create your case, you have to provide certain personal identifying information. You must include your full name, DOB, home address, driver's license number, and last four digits of your social security number. This form remains confidential and is not part of the public record.
- Proposed Order: This is the most important document—the document that you're hoping the Court will sign, restoring your firearm rights. If you prepare it correctly—and it meets the prosecutors' approval—the Court will likely sign the document as is.
Mail a copy of your motion and the other required documents along with a check for the required $240 filing fee to the Douglas County Clerk, P.O. Box 516, Waterville, WA 98858.
Step #3: Get Your Case Number (Mail Only)
If you file by mail, the clerk's office will process your paperwork and assign you case a case number. The clerk's office will then mail you a conformed copy of your motion. (A conformed copy means a copy of the motion you filed, now with the assigned case number).
This process takes about 1-2 weeks.
If you make any mistakes in the filing process, the clerk's office will return your documents to you, with instructions.
You must have an assigned case number to schedule your case for a hearing.
If you file electronically, you will receive you case number as soon as the clerk's office verifies and accepts your documents.
Step #4: Serve the Prosecutor's Office
You are required to serve a copy of your motion on the Douglas County Prosecutor's Office, which will review your file and determine whether you're eligible.
You will need to provide the same documents that you initially filed with the Court—minus the confidential information form.
If prosecutors agree that you are eligible, then you are in very good shape. Although a judge is not required to order firearms restoration if both sides agree, it's rare.
If prosecutors object, they will typically file a written objection with the Court. Just because the prosecutors object does notmean that you won't win your motion, but you'll need to address their argument in court.
Step #5: Request a Hearing
Filing your case doesn't automatically get your motion heard in front of judge. To do that. You have to schedule a hearing.
In Douglas County, firearms restoration motions are generally heard on the civil motions calendar, which take place on the 2nd and 4th Tuesdays of each month at 1:30 p.m.
FAQ: Douglas County Firearms Restoration
Can I file my firearms restoration motion in Douglas County Superior Court?
You can file your motion in Douglas County if one of the following applies:
You are a resident of Douglas County
Example: You live in Spokane but you were convicted of a felony drug offense in Douglas County when you were younger. You can file your motion in Douglas County Superior Court because the superior court terminated your firearm rights.
Where is Douglas County Superior Court located?
The courthouse address is:
Douglas County Superior Court
203 South Rainier Street
Waterville, WA 98858
Email: [email protected]
How can I contact the Douglas County Prosecuting Attorney?
Douglas County Prosecuting Attorney's Office
203 S. Rainier Street
Waterville, WA 98858
Email: [email protected]