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How to restore your gun rights in Washington
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Restoring Your Gun Rights in Washington: A Straightforward Guide
So, you’ve had your gun rights taken away in Washington – maybe due to a felony conviction or domestic violence offense. But now, you’re ready to get those rights back, and exercise your Second Amendment freedoms once again. The process can seem daunting, but, take a deep breath – we’re here to walk you through it, step-by-step.First things first, are you even eligible to restore your gun rights? Well, that depends on a few factors. If you were convicted of a Class A felony or a sex offense, sorry, but you’ll never be able to get those rights back in Washington – no exceptions. For other felonies though, you may have a shot, if you’ve stayed squeaky clean for at least five years after completing your sentence.For misdemeanors like domestic violence assault? You’ll need to go three years without any criminal hiccups on your record. Because, let’s be real, the courts want to see you’ve turned over a new leaf before handing you back your firearms.
The Nuts and Bolts: Filing the Petition
Okay, so you think you might qualify? Here’s what you need to do next:
- Get a copy of your full criminal history from the Washington State Patrol. Their online WATCH system makes this a breeze – just $12, and you’ll have that report in hand. 2 We need this to confirm you’re truly eligible, and to identify which court took away your rights originally.
- With that report in hand, you’ll file a written petition to have your rights restored – but not just anywhere. Nope, it has to be in the superior court of the county where your firearms rights were revoked. 3 No district or municipal courts have jurisdiction over this.
For example, if you lost your rights after a felony conviction in King County, you’d file your petition with the King County Superior Court. If it was a misdemeanor domestic violence case in Spokane County District Court? You’d still go through Spokane County Superior Court. 3
- Once that petition is filed, you legally have to give the prosecuting attorney’s office a heads up. They may want to weigh in on whether the court should grant your request. 3
- After filing and notifying the prosecutor, it’s a waiting game. The court will schedule a hearing, and, if you’ve dotted all your i’s and crossed those t’s, should approve your petition and restore your gun rights! 5
But, we get it, this process seems like a hassle, with all those legal hoops to jump through. That’s why many folks opt to hire an experienced firearms attorney to handle everything for them.At a firm like Spodek Law Group, we’d take all that off your plate – obtaining your records, filing the petition, appearing in court on your behalf (you wouldn’t even need to show up!), and making sure all the right agencies are notified once your rights are restored. 6 Because, let’s be honest, you’ve got better things to do than get bogged down in legal paperwork.
Getting Those Rights Back: What It Means
Okay, so your petition was approved – congratulations! You can finally breathe a sigh of relief. But what exactly does having your gun rights restored allow you to do?Well, for starters, you can legally own, carry, and operate firearms again. No more having to tread lightly if you’re around guns, or being barred from places that allow them. You’ll also be eligible to apply for a concealed pistol license, so you can pack heat on the down-low if you’d like. 2Love hunting? No more sitting on the sidelines during hunting season – your restored rights mean you can pursue that passion again. Or maybe you just enjoy going to the range and doing some target practice? With your rights intact, you can spend weekends squeezing off rounds to your heart’s content. 3The key thing to remember is that, once restored, your gun rights in Washington will be just like anyone else’s. No more living under restrictions or worrying about breaking laws regarding firearms possession and use.
The Federal Fly in the Ointment
Now, here’s where things can get a little tricky: even if Washington restores your gun rights, the federal government may not recognize that.You see, there’s no official “restoration” process under federal law when it comes to firearms rights. So if your original conviction was for a domestic violence crime, the feds could still say you’re prohibited from possessing guns, even with that Washington court order in hand. 1That federal ban wouldn’t just be a minor inconvenience, either. Since the ATF handles all the background checks for gun purchases from licensed dealers, failing their check means no sale – period. 2The good news? There may be ways around this, like vacating your original domestic violence conviction, then pursuing restoration of your rights. But it’s complicated stuff, which is why you’d absolutely want an experienced attorney’s help to navigate it.At the end of the day, having your rights restored at the state level is still a huge win, even if there are some federal headaches to deal with afterward. At least you’d be able to own guns, get that concealed carry permit, and exercise those freedoms in Washington without issue.
The Bottom Line
Look, we get it – losing your gun rights can feel like a massive blow, whether it was from a felony or just getting charged with the wrong misdemeanor. It’s a piece of your freedoms and way of life stripped away.But the process for restoring those rights in Washington, while complicated, is very doable if you cover your bases. Just make sure you meet those all-important eligibility requirements, file everything properly and give fair notice, and the courts should reinstate what you’ve lost.Or, you could save yourself the headache and hassle, and bring in a firm like Spodek Law Group that knows how to navigate this process like the back of their hand. We’re talking attorneys who have walked this path countless times before, for clients all across Washington.At the end of the day, your gun rights are something you shouldn’t have to live without if you’ve played by the rules and turned your life around. With some patience, attention to detail, and maybe a little legal assistance, you can exercise your Second Amendment freedoms once again.
