Re: Gun Rights [WA] restored
Posted by Paul T. Ferris on 5/17/05
Persons with class A felonies (max penalty 20+ years) and felony
sex offenses must have a pardon to remove firearm prohibitions.
Persons with domestic violence misdemeanor committed prior to July
1, 1993, are not prohibited from having firearms under WA state
law, but must have a pardon (that does not expressly prohibit
possession of firearms) to remove the firearm disability under
federal law. (Such persons can possess muzzleloaders)
Persons with a class B or C felony, or a domestic violence
misdemeanor committed on or after July 1, 1993, can regain the
right to possess firearms by filing a petition in superior court,
PROVIDED the eligiblity requirements are met.
These are the basic rules. There are exceptions to each of these
rules. For example, Negligent Homocide (class A felony) was a
class B felony from 1971 to 1996. Many pre-1993 DV misdemeanors
prosecuted under municipal ordinances do not qualify as a
prohibitive offense under federal law.
If you are eligible to petition, do so as soon as you can. A new
conviction for ANY criminal offense, no matter how minor, will
trigger a new 5 year waiting period for eligibility.
If you are unsure whether you are prohibited from possessing
firearms or eligible to regain your firearm rights, seek the advice
of a competent attorney. I have had many clients who were
unsuccessful in attempting to handle the the restoration of firearm
rights, NICS appeals and CWP appeals on their own, or with an
inexperienced attorney.
Summary of Laws Re: Restoration of Gun Rights in Washington State