Firearm Rights

Why was my right to bear arms denied?

 

In the State of Washington a person can lose their right to possess firearms due to a criminal conviction. The conviction must be for ANY felony or a misdemeanor crime of domestic violence (such as assault). It DOES NOT MATTER that the crime was years or decades ago and probation is completed. You must actively request the court restore your right to possess firearms. 

 

How do I get my gun rights back?

 

In Washington state, you can restore gun rights if enough time has passed and other conditions apply. A civil action must be brought in the Superior Court of the county you reside or the county of conviction. Your right to bear arms will be restored if the following apply:

-              The conviction disqualifying your right to bear arms was not a felony sex offense. RCW 9.41.040(4)(a);

-              The conviction disqualifying your right to bear arms was NOT a Class A felony OR had a maximum sentence of twenty years or more. RCW 9.41.040(4)(a);

-              There are no pending charges against you in any state or federal court. RCW 9.41.040(4)(a)(ii)(A);

-              If the crime of conviction was a felony there is at least five consecutive years in the community in which you were not convicted of a new qualifying crimes. RCW 9.41.040(4)(a)(ii)(A);

-              If the crime of conviction was a for a domestic violence misdemeanor there is at least three consecutive years in the community in which you were not convicted of a new qualifying crimes. RCW 9.41.040(4)(a)(ii)(A);

-              If the crime of conviction was a for a domestic violence misdemeanor all the conditions of the sentence was completed (Including probation). RCW 9.41.040(4)(a)(ii)(B);

-              Your offender score (RCW 9.94A.525) has no other felony convictions that count. RCW 9.41.040(4)(a)(ii)(A).

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Powers & Costeck Attorneys at Law | 309 Pine Street Mount Vernon, WA 98273 | Phone: (360) 419.0809 | Fax: (360) 419.0810 | E-mail: FrontDesk@skagitvalleylaw.com

The information posted on this site is not a substitute for consulting with our legal team who will take your specific facts and circumstances into consideration when discussing your case with you.

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