Here is the typical procedure for filing a motion to restore your firearm rights in Grays Harbor County.
Step #1: File Your Motion in Superior Court
You have to file your motion in Grays Harbor County Superior Court. Only superior court judges have the power to restore firearm rights.
You cannot file your motion in district court. And if you live in Elma or Hoquiam or Aberdeen, you also cannot file in your local municipal court. If you file in district or municipal court, the clerk's office will automatically reject your motion and you'll have to re-start in superior court.
You have to file your motion by mail. Grays Harbor does not allow you to file by fax or email.
Mail your documents to: Grays Harbor County Superior Court, 102 W. Broadway Avenue, Room 305, Montesano, WA 98563.
The filing fee for a firearms case is $240. Send a check payable to “Grays Harbor Superior Court.”
Step #2: Prepare Your Documents
You have to prepare and file the following documents to start your case:
- 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.
Step #3: Get Your Case Number
Upon receiving your documents, the clerk's office will process your paperwork. If your documents are legally sufficient, the court will assign you 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.
Step #4: Serve the Prosecutor's Office
You are required to serve a copy of your motion on the Grays Harbor County Prosecutor's Office, which will review your file and determine whether you're eligible for restoration.
You will need to provide the same documents that you initially filed with the Court—minus the confidential information form.
You should also provide prosecutors with a copy of your WATCH Report. This is a copy of your Washington criminal record, which you can access online through the Washington State Patrol (WSP).
Keep in mind, however, that WSP only maintains your Washington criminal record. If you have a criminal record outside Washington, you will need to contact each state and request a copy of your criminal history.
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 file a written motion with the Court asking to schedule a hearing.
In Grays Harbor, firearms restoration motions are generally heard on the civil motions calendar, which take place on Monday morning.
FAQ: Grays Harbor County Firearms Restoration
Can I file my firearms restoration motion in Grays Harbor County Superior Court?
You can file your motion in Grays Harbor if one of the following applies:
You are a resident of Grays Harbor County
Example: You live in Spokane but you were convicted of a felony assault offense in Aberdeen when you were longer and the superior court heard your case. You can file your motion in Grays harbor County Superior Court because the superior court terminated your firearm rights.
Where is Grays Harbor County Superior Court located?
The courthouse address is:
Grays Harbor County Superior Court
102 W. Broadway Avenue, Room 305
Montesano, WA 98563
How can I contact the Grays Harbor County Prosecuting Attorney?
Grays Harbor County Prosecuting Attorney's Office
102 W Broadway Avenue, Room 102
Montesano, WA 98563