Your Second Amendment right to keep and bear arms is not absolute. You lose your right to own and possess firearms if you have a felony conviction or a conviction for misdemeanor domestic violence (DV).
To restore your firearm rights in Washington, you have to file a petition in state court. To do this, you have to follow the procedures laid out in RCW 9.41.041.
Learn more about firearm laws in Washington.
What are the legal requirements for restoring my firearm rights?
To restore your firearm rights in Washington, you must meet these five (5) requirements:
- You have no pending criminal charges against you anywhere in the country
- You have been crime-free for at least 3-5 years (depending on your criminal record)
- You have completed all your sentencing conditions for each prohibitive felony or domestic violence misdemeanor (except for court costs)
- Your felony convictions have washed out
- You have never been convicted of a class A or felony sex offense
A judge must grant your petition and restore your firearm rights if you satisfy these statutory requirements. You do need character references or letters of support, and you do not need to write a personal statement explaining why you want your gun rights back.
Learn more about the eligibility requirements under RCW 9.41.041.
How do I know if I am prohibited from possessing a firearm?
You cannot possess or own a firearm under state or federal law if you have a felony or misdemeanor domestic violence (DV) conviction.
You can run an online background check on yourself through the Washington State Patrol (WSP). It takes only a few minutes and costs just $11.
If you have out-of-state convictions, you'll need to run a more extensive FBI background check on yourself, which requires you to get fingerprinted.
What court do I file my motion?
If you are a resident of Washington, you must file your petition in the superior court in any county that took away your firearm rights. You cannot file your petition in district court or municipal court.
Example #1: You were convicted domestic violence assault in Thurston County District Court. Once you are eligible, you can file a petition to restore your gun rights Thurston County Superior Court.
Example #2: You were convicted of a felony in King County Superior Court, but now you live in Vancouver. You cannot file your motion in Clark County Superior Court. You must file your motion in King County Superior Court.
I don't live in Washington anymore. Can I still restore my gun rights?
Yes.
You can file your motion to restore your firearm rights in any superior court that terminated your right to use or possess firearms.
Example: You live in Georgia, but you have a previous felony conviction out of Snohomish County. You can petition to restore your firearm rights in Snohomish County Superior Court.
Can I restore my firearm rights if all my convictions are outside Washington?
Yes.
Any superior court in Washington has jurisdiction to hear a firearm restoration petition. Therefore, if you lost your firearm rights in another state, you don't lose the right to seek restoration in the state.
The Washington Supreme Court made this point clear in a recent case, State v. Arends.
How much does it cost to file a motion?
The standard filing fee in most Washington courts is $290.
How long does the process take?
In general, the process takes 3-6 months, but in busier courts like King County, it can take about 9 months.
Do I have to vacate my criminal convictions to restore my firearm rights?
No.
Restoring your firearm rights under RCW 9.41.041 is a separate procedure from vacating your felony or misdemeanor DV convictions. As discussed above, vacating your conviction is not one of the 5 requirements.
Do I have to appear in court?
No.
You will not have to go to court if you have an attorney.
Will the prosecutor object to my restoration petition?
Prosecutors can only object if you do not satisfy the five statutory requirements in RCW 9.41.041. A prosecutor cannot object, for example, because of your background or based on one of your criminal convictions.
That's why we carefully review your case before we file your petition. In nearly all our cases, the prosecutors can't object because we've independently confirmed that you meet all the statutory requirements.
What can I do if the court denies my petition?
You can re-file your petition if and when you can satisfy all the statutory requirements. There is no waiting period to reapply.
Alternatively, if the superior court erred in denying your motion, you can file an appeal in the Court of Appeals. You must file an appeal within 30 days of the denial order.
