Frequently Asked Questions
How do I get my gun rights back if I have been convicted of domestic violence?
If convicted of a misdemeanor domestic violence crime against an intimate partner or child, federal law prohibits you from possessing, purchasing, or transporting firearms. The only way to get around this federal law is to have your conviction expunged or pardoned.
The difference between an expungement and a pardon is that when an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A does not "erase" the event; rather, it constitutes forgiveness.
Washington State law allows you to petition to restore your gun rights even if you have had a domestic violence conviction.
How do I get my gun rights back if I have a juvenile conviction?
In Washington State, having a juvenile record sealed can restore certain rights. The Washington Appeals Court has historically found that sealed juvenile adjudications do not preclude a person from possessing a firearm.
A juvenile found guilty of a Class A offense may be able to restore the right to possess a firearm if each of the following requirements are met:
1. The person has spent five successive years without committing a crime;
2. No cases are pending against the person;
3. The person has been relieved of the sex offender registration requirement (if applicable);
4. The person must not have been convicted of first- or second-degree rape or indecent liberties with forcible compulsion.
5. Restitution has been paid in full.
A juvenile guilty of any of a Class B or C felony, a gross misdemeanor, or misdemeanor, may be able to restore the right to possess a firearm if each of the following requirements are met:
1. The person has spent two consecutive years without committing a crime;
2. No cases are pending against the person;
3. The person has been relieved of the sex offender registration requirement (if applicable);
4. Restitution has been paid in full.
How do I get my gun rights back if I have a felony conviction?
In the state of Washington, all felony convictions result in the loss of the right to possess a firearm. All types of misdemeanors that carry with it a “Domestic Violence” tag will result in the convicted individual losing their gun ownership rights. The right to possess a firearm cannot be restored in Washington State if the conviction is for a Class A felony or a sex offense unless you have received a pardon or certificate of rehabilitation.
For a felony conviction, the following criteria must be satisfied to restore the right to possess a firearm:
For a Class B or Class C Felony
1. Five years or more in the community without committing a crime.
2. The conviction was not a Class A felony or a sex offense.
3. No criminal charges are currently pending in any federal or state court.
4. There are no prior felony conviction that prohibits possession of a firearm
5. There is no civil or criminal court order that prohibits possession of a firearm.
6. The person has not been involuntarily committed for mental health treatment.
Why choose us as your legal team?
We have 23 Years ’ Experience successfully clearing records, restoring gun rights, and defending people in Pierce, King, Kitsap, and Thurston Counties.