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Clearing Your Name Part 2: Restoring Your Firearm Rights in Washington

April 9, 2024
NG Law

Everyone makes mistakes – it’s an unavoidable reality even for those among us who are most confident in our choices and abilities. However, your story isn’t defined by a single choice or mistake, even if it results in a criminal conviction. 

Last month, we discussed vacating criminal charges and convictions for those eligible. As part of our ongoing commitment to help individuals in Washington move past the legal challenges that have haunted their past, we are taking this month to discuss the reinstatement of firearm rights in Washington state. Certain crimes have an automatic suspension of these rights. While it’s possible to get those rights back in most cases, there are some circumstances where you will never be eligible to restore your right to possess a firearm in the state of Washington.

How Long is the Revocation of Washington Firearm Rights?

When your right to possess a firearm is revoked due to a criminal conviction, the revocation is technically lifelong. You are not given a time period. Instead, the rights are simply revoked and it’s up to you to work to restore those rights if eligible.

Any felony conviction or conviction involving domestic violence in Washington comes with an immediate revocation of your right to possess a firearm. For Class A Felonies and sex offenses, the offender is permanently ineligible to restore their firearm rights in Washington meaning they are banned from ever owning or possessing, even temporarily, a firearm in our state. For other crimes such as Class B and C felonies, there is a path toward restoring your rights.

The Road to Restoring Your Washington Firearm Rights

Washington’s legal framework, specifically RCW 9.41.041, provides the legal framework to reinstate your firearm rights post-conviction. Five main criteria must be met:

  1. You must have no pending charges against you.
  2. You must have been “in the community” (meaning not incarcerated) in Washington state for at least five consecutive years with no criminal charges.
  3. You have not committed a Class A Felony which eliminates any eligibility to have your firearm rights restored in Washington.
  4. You have not committed a sex offense which also eliminates eligibility for reinstatement.
  5. It’s been 10 years since you were convicted of a Class B Felony or 5 years since you were convicted of a Class C Felony. 

If you are eligible based on those criteria, then there is a process to apply through the courts for reinstatement. It may seem relatively straightforward, but the courts reserve the right to consider the circumstances of your offense and any current circumstances that may limit your ability to responsibly possess a firearm. Case law is particularly crucial in firearm cases, which is why having an attorney by your side is a key element of the process.

Restore Your Rights with NG Law

Understanding your rights is the most important element of effectively defending and restoring them. The right to own a firearm holds significant value for many, serving purposes ranging from personal protection to recreational use. At NG Law, we firmly believe that a single mistake should not define the story of someone’s entire life. For those in Washington who find themselves eligible and are seeking guidance through the firearm rights restoration process, contact NG Law for legal counsel on the path forward.

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NG Law

NG Law is made up of seasoned legal professionals dedicated to providing compassionate representation and honest legal advice. We bring over 75 years of experience helping the people of Pacific, Wahkiakum, and Grays Harbor Counties in a variety of legal areas including criminal defense, personal injury, real estate transactions, and estate planning.

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Needham Glenn Law
12305 Sandridge Rd Long Beach,
WA 98631
Phone: (360) 642-2332
Email: info@needhamglenn.com

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