Here is the typical procedure for filing a motion to restore your firearm rights in Island County.
Step #1: File Your Motion in Superior Court
You have to file your motion in Island County Superior Court. Only superior court judges have the power to restore a person's firearm rights.
You cannot file your motion in Island County District Court. If you do so, the clerk's office will automatically reject your motion and you'll have to re-start in superior court.
In Island County, you can file your motion electronically or by mail.
A. Electronic Filing
To file electronically in Island County Superior Court, click on this link to register to e-file. You will create a User ID and password and then 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.
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 a notification email If there are errors, the clerk's office will call you and explain what you did wrong.
B. Filing By Mail
Alternatively, you can file your motion by mail.
Mail your documents (see below) to Island County Superior Court, Law & Justice Building, 101 NE 6th Street, Coupeville, WA 98239.
The filing fee for a firearms restoration case is $240. Send a check payable to the Island County Clerk.
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 in which you ask the Court to restore your gun rights
- 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 stays 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
If you file electronically, you will receive your case number as soon as the clerk's office reviews and accepts your filed documents.
If you file by mail, the clerk's office will review and then (hopefully) 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 on how to fix the error.
Step #4: Serve the Prosecutor's Office
You are required to serve a copy of your motion on the Island County Prosecutor's Office, which will review your petition and determine whether you're eligible to restore your firearm rights in Washington.
You will need to provide the same documents to the Prosecutor's Office 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. In fact, it almost never happens.
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 respond to the prosecutor's 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.
FAQ: Island County Firearms Restoration
Can I file my firearms restoration motion in Island County Superior Court?
You can file your motion in Island County if one of the following applies:
You are a resident of Island County
You live outside Island County but the superior court in Island County terminated your right to possess firearms as a result of a felony or a domestic violence misdemeanor conviction.
Example: You live in Port Angeles but 15 years ago you were convicted of a felony drug offense when you were living in Langley. You can file your motion in superior court in Island County because the superior court terminated your firearm rights.
Where is Island County Superior Court located?
The courthouse address is:
Island County Superior Court
Law & Justice Building
101 NE 6th Street
Coupeville, WA 98239
How do I contact the Island County Prosecuting Attorney?
Island County Prosecuting Attorney's Office
101 North East Sixth Street
Coupeville, WA 98239
Email: [email protected]