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Your right to possess a gun in Washington State will be suspended if you have a conviction for a felony crime.\u00a0 A conviction for a misdemeanor involving domestic violence will also take away your right to possess a gun.<\/p>\n
The right to possess a gun, and the process for restoring the right to possess a gun, in Washington State is often misunderstood.\u00a0 In Washington State, a person\u0092s civil rights are restored after all sentence conditions are satisfied and probation ends.\u00a0 For a felony conviction civil rights are restored when a document called a Certificate of Discharge is filed with the court. \u00a0However, this does not restore the right to possess a gun or any type of firearm.\u00a0 The right to possess a firearm is separate, and must be specifically restored by a court.<\/p>\n
Similarly, having a criminal conviction expunged does not restore the right to possess a gun.\u00a0 In fact, when a court expunges a criminal conviction the Order specifically states the right to possess a firearm is not restored.<\/p>\n
In Washington State, there are 5 steps, or criteria, that must be satisfied to restore your right to possess a gun.<\/p>\n
1.\u00a0 To be eligible to restore your right to possess a firearm, you cannot have any criminal charges pending against you.\u00a0 This means if you are currently charged with any crime in a court in Washington State, a federal court, or a court in any other state, you are ineligible to have your right to possess a gun restored.<\/p>\n
2.\u00a0 The required amount of time has passed.<\/p>\n
Your right to possess a firearm can be restored in Washington State if at least five consecutive years have passed without being convicted of any crime.\u00a0 The five year period applies if the conviction that suspended your right to possess a firearm was a class B or class C felony.\u00a0 If you were convicted of a misdemeanor that suspended your right to possess a gun, then three years must pass before you can have your right restored.<\/p>\n
3.\u00a0 You were not convicted of a crime that permanently prohibits you from possessing a firearm.<\/p>\n
Convictions for certain crimes take away your right to possess a gun permanently.\u00a0 In Washington State, if you were convicted of a class A felony (most serious), you cannot have your firearm possession right restored.\u00a0 Additionally, if you were convicted of a crime in another state or in federal court that would constitute a class A felony in Washington State, or which has a maximum sentence of twenty years or longer, Washington State law does not permit your gun rights to be restored.\u00a0 The last category is sex crimes. \u00a0If you have a conviction for an offense classified as a sex crime under Washington law, then a Washington State court will not restore your right to possess a gun or other firearm.<\/p>\n
4.\u00a0 There is no court order currently in force that prohibits you from possessing a firearm.<\/p>\n
Conviction of a crime is not the only means by which your right to possess a gun in Washington State can be taken away.\u00a0 Some criminal court orders, and certain civil court orders such as a domestic violence protection order, will prohibit possessing a gun.<\/p>\n
5.\u00a0 You have never been involuntarily committed to a mental health facility for treatment.<\/p>\n
If you were ever committed to a mental health facility without your consent, then you are not eligible to have your right to possess a firearm restored in Washington State.<\/p>\n
As you can see, you can have your right to possess a gun restored in Washington State if you meet the criteria.\u00a0 In most cases