Gun Lawyer Vancouver, WA
If you have been convicted of a felony or many domestic violence misdemeanor crimes, you have lost your right to possess firearms. There are other ways you can lose your right to possess firearms, but this writing is focused if you have lost your rights based upon a criminal conviction. According to Washington law, any person who has been convicted of a felony or qualifying misdemeanor or found not guilty by reason of insanity of any serious offense defined in RCW 9.41.010 cannot possess a firearm. If a person is found in possession and has lost that right they can be charged with a felony for possession.
Gun Rights & Washington State Law
Washington law (RCW 9.41.040 and 9.41.047) allows people who have lost their right to possess firearms the right to ask the Court to restore their rights in Washington State. There is a popular misconception that if you have had a conviction vacated or sealed, you can legally possess firearms. This is 100% untrue. Even if you have had a conviction vacated or sealed, you still have to formally petition the court to restore your right to possess firearms before you can legally possess firearms.
Washington law has a way for people with prior convictions to address their records and restore firearm rights. A person can potentially petition the Court for restoration after meeting the following general criteria:
- You may not have any criminal charges pending anywhere.
- You must not be subject to a protection order anywhere.
- Your conviction must not have been a class A felony or a sentence of at least 20 years in prison.
- Your conviction must not have been for a felony sex offense.
- You must have spent 5 years living in the community crime free, or 3 years crime free for a misdemeanor conviction.
- If your conviction was for a misdemeanor, you must have successfully completed every term and condition of each conviction.
Please Note: If the underlying conviction is a Class A felony or sex offense, you are not eligible to restore your gun rights under Washington law.
Gun Law Questions?
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