Washington Gun & Civil Rights Restoration FAQFrequently Asked Questions


This page was designed to help our clients better understand our Washington firearm rights restoration service and civil rights restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.

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Topic: Washington Gun & Civil Rights Restoration FAQ
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Jennifer
9th December 2015 6:33pm
My husband has a felony conviction from California, from 22 years ago and has been in no trouble since and has lived in washington for 19 years now. How could he restore his gun rights in Washington? Is it possible?
Admin:
If he is otherwise eligible, yes it is possible. Washington does allow individuals to apply for a firearm restoration for rights that were lost due to a federal or out-of-state conviction.  Please take the eligibility test to determine if he is currently eligible for this relief or contact us to discuss the matter.  Thank you.
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Zack
28th September 2015 3:47pm
I applied for a CPL unaware that my juvenile record from 1999 (ResBurg 1) when I was 12 disqualified me from being in possession of a firearm. I received the notice in the mail a few days ago. I had previously sealed my records a couple of years ago. Thurston Co. tells me that I have to petition for my records to be unsealed, petition for restoration of rights, and then petition to have my records resealed. Does that sound like the correct procedure? It seems to me that they could have told me I had a disqualifying conviction when I was petitioning the court to seal my records. What is the easiest way to handle this?  Thanks
Admin:
The court may require you to follow that procedure, because you need to include your conviction information on the restoration petition. Certain counties may also have you file the restoration under the docket of the juvenile case which would be impossible if the case was still sealed.  However, if you have all the information from that case, it may be worthwhile to try filing for the restoration first to see if the court can proceed without the hassle of unsealing and resealing the case. If you are interested in having us handle your restoration for you, please contact our office.
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Brandon C.
19th September 2015 8:05am
Quick question I recently tried to purchase a firearm and to my surprise was denied I have purchased guns before like 3 months earlier. So I ran my record with the WSP and came back clean; however the FBI sent me a reason and it was due to a criminal record with either adult court or juvenle I did get aassault 4 when I was 13 but was told that charges and everything would be dropped if I completed 8 hours community service and stayed clean; I did. Any ideas also how hard is this to do without legal assistance?
Admin:
It is interesting that you have been able to purchase guns previously, but it is now becoming a problem. However, to answer your question, a firearm rights restoration is something you could petition the court for yourself, without legal representation. The level of difficulty will depend on how hard it is to get your case information and then also whether the state objects to the restoration. The process does take at least a few months to be processed, so it is something you want to ensure gets filed correctly the first time.  If you decide you do want assistance with this service and are interested in signing up, please contact us to get started.
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EAP
14th September 2015 5:28am
I was convicted of a sex offense when I was 13, I am now 33. I have gone through all of the soda program did not have any hiccups. The only other run ins I have had with the law were speeding tickets. After the 5 years probation I no longer had to register as a sex offender, because I was convicted as a minor. Is there any way I can get my rights back??
Admin:
Unfortunately, it does not sound like you are eligible to restore your firearm rights through the restoration process in WA because your offense was a sex offense.  Your best option is likely to apply for a pardon; however, please see our Pardon FAQ page for more information. A pardon is an extraordinary remedy but even when granted by the Governor, it sometimes will not restore firearm rights as the pardon can specify whether those rights are restored or not. If you are interested in pursuing a pardon, please contact our office.
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Justin V.
12th September 2015 8:11pm
I am a client of RecordGone, I used you guys for Gun Rights Restoration in Washington State after a DV Violation of Protection order. Recently the Court Granted the Restoration. At this Point I am concerned about being denied the purchase of a firearm by the federal government. If in fact that happens what is the next step?
Admin:
Congratulations on your firearm restoration being granted! If your purchase is denied despite the restoration having been granted, you should contact our office and we will be able to further advise you of the next steps. We would review the reason they provide for the denial and then we (or you) could file a dispute, including providing them a copy of the restoration order. There is typically a time limit for filing the dispute from the time of the denial, so if this does occur I would advise contacting us and/or filing the dispute yourself as soon as possible.
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Richard C.
9th August 2015 7:28pm
I was convicted of Malicious Mischief 2 in 1987 in Washington and had it vacated in 1998. I had a CPL for five years and puchased a weapon. When I went to renew the CPL they said my firearms rights had never been restored. How is that possible and how much is it going to cost me to fix it?
Admin:
I am not sure how you were able to keep your CPL and purchase a weapon in the time since your conviction.  There must have been some sort of error on their part in the review of your record.  To restore your rights at this time, you must file for a Firearm Rights Restoration.  There is a lot of information on this service right here on this page and our website.  We currently charge $1500 for the WA restoration. Please contact us if you have any other questions or to get started on the restoration process.
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Sterling B.
4th August 2015 3:18pm
I live in Washington state, and had got a felony back in 2004 and just paid off my fines 2 years ago (2013) do I have to wait from the time of the fine being paid off or can I file now due to the time it took me to pay off the fine from the felony?
Admin:
Without knowing more about the offense you were convicted of, I cannot confirm your eligibility; however, the waiting periods for a firearm restoration start when you are no longer in jail or incarcerated.  The time that they are looking for is the time you have been out in the community and remaining law-abiding. Please call us or take our eligibility test to confirm you are eligible for this service at this time.
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Gina
28th July 2015 1:10pm
As part of a divorce settlement and to just get the divorce over I voluntarily gave up my gun rights for one year. What do I do to get them back or will they be restored automatically? Not convicted of anything...ever.
Admin:
Your rights should be restored automatically once the order (revoking your gun rights) expires at the end of the year. However, you or an attorney should review the court documentation regarding your gun rights to ensure the order prohibiting you has indeed expired before you try to purchase or possess a firearm. Also make you you fully read the criteria on any applications or paperwork you fill out to make sure no other prohibitions apply to you, as well.
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Ryan
21st June 2015 1:18am
I have a juvenile felony but my record has been sealed. I had a domestic violence and one violation of a no contact order in 2005 both misdemeanors. If I get my rights restored will I ever be able to have a concealed weapons permit?
Admin:
If you are eligible and the court restores your firearm rights, you may very likely be able to obtain a conealed weapons permit.  Once your rights are fully restored and assuming there is no longer a no contact order outstanding against you. In order to give you a definitive answer, we would need to review your cases and ensure your rights are fully restored.  Please contact us if you are interested in signing up for a firearm rights analysis and/or the restoration. Thank you.
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Julio
9th June 2015 4:47pm
How long does it take to have gun rights restored once the process has been started?
Admin:
Once the process has been started, it takes approximately 3-4 months to have your fun rights restored in Washington.  This is of course just an estimate, each case is different.  It will depend on the specifics of your case, if the District Attorney objects to the request and how busy the court is at the time the petition is filed.
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Nicholas
4th June 2015 10:15am
I was convicted of malicious mischief in the 2nd degree in 1998 at the age of 16 and was given a deferred disposition, which was revoked due to failure to pay restitution in 2008, resulting in a class c felony. I have since satisfied the courts by paying all fees but was never told if my gun rights were ever restored. Would I still need to petition the courts to get my rights back?
Admin:
If you were convicted of a felony, you lost your gun rights under federal law and Washington law.  You would need to petition to get your firearm rights restored.  Please take the online test to see if you are currently eligible for this service or contact our office to discuss your case over the phone.
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brandi
18th May 2015 9:14pm
I went in front of a judge with my lawyer and was granted my gun rights restored. Now that I have them can I legally buy a gun? And also can I apply for my cwp?
Admin:
If you have had your firearm rights restored, then yes you can legally purchase a gun. This is assuming that the restoration covers all the reasons you were prohibited from purchasing a firearm in the first place. Under the restoration statute, the court is required to notify the agencies within three court days, so you should be able to purchase a firearm very soon after the court restores your rights.
Regarding application for a CWP, you are no longer considered convicted for the purposes of the CWP application if your rights have been restored by the court, however ensure you read the application carefully to make sure you qualify and do not provide false information on your application.
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Matthew T.
2nd May 2015 6:17am
I have a juvenile theft 2 that was vacated if I have the charge sealed do I still need to petition for restoration of firearm rights?
Admin:
Yes, if you have a juvenile record sealed in Washington, you still need to apply separately for a firearm rights restoration.
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Alan
10th April 2015 8:13pm
I was guilty of DV on 4th degree -misdemeanor deferred sentence. I had to surrender my firearms. My case just recently dismissed. "Dismissal with Prejudice" Does that mean my gun right has been restored since the case been dismissed ? Thanks.
Admin:
In Washington a deferred sentence is still considered a conviction for the purposes of the firearm law.  Therefore you are prohibited from possessing a firearm because of your domestic violence case even though you successfully completed the sentence and had the case ultimately dismissed.
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JB
26th March 2015 1:00pm
I was convicted of a felony in Kansas in 2006. I have since been through the process of getting my gun rights restored here in WA and my lawyer assured me that I was good to go. I recently went to a gun store to buy a handgun and it has been over two weeks and they have still not heard anything back. Any idea what the hold up is or if it is going to go through?
Admin:
If your restoration was granted by the court and everything is in order, then the purchase should eventually be approved.  However, you did not specify how long ago the restoration was granted so it is possible that the state agencies had not yet been notified of the restoration. When changes are pending on the report and because multiple states are involved, the process can take longer as they review your records and the various laws in play to ensure your rights were fully restored (under WA and Federal law).  You can follow up with the state or the store to see where they are in the process.
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Shelby
15th March 2015 8:05am
I caught felonies in CA in 2000 and have my record expunged, can I get my gun rights back in Washington? Me, my wife and kids plan on moving there soon.
Admin:
Without knowing more about what your offenses were, we cannot say if you are able to petition for your gun rights in Washington.  But generally, those with out-of-state felony offenses are able to apply for a restoration in a WA court in the county in which they reside.  Please contact our office to discuss the specifics of your situation.
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Al
14th January 2015 11:46am
If I person has convictions in 2 WA counties, but is a resident of ID now, can they petition in one of the counties of conviction in WA, or do they have to petition in both counties of conviction in WA, since they cannot petition in the county of residence (not being a resident)?
Admin:
The person can file in any court where there is a conviction that results in a loss of firearm rights.  The good news is that a person need only file one motion, despite there being two separate convictions.
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brandon perry
26th December 2014 10:40pm
Can a felon get their gun rights restored without a lawyer?
Admin:
Everyone has the right to represent themselves in court.  That being said, you may get better results and faster results with an attorney who has experience with restoring firearm rights.
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Kori
21st December 2014 4:27pm
Is it possible to get your right to bare arms restored in the state of Washington, and then be able to work in a store or shop that sells, repairs or makes guns? How do you go about doing that?
Admin:
If your firearms are restored, you should be able to work in or around firearms— at least in Washington.  Take our online eligibility test to see if you are eligible... or give us a call.
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Chip
17th November 2014 10:28pm
I want to be able to buy a 22 long rifle to shoot with my grand son, but I was convicted of vehicular assault. Can I get my rights back? It has been 22 years since the vehicular assault charge.
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Cinda
18th October 2014 4:55pm
Hello and thank you for having this website! I have a conviction in Pierce County, but I now live in Thurston County. Do I still need to file in Pierce County to restore my gun rights?
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Jenna Thorne
27th October 2014 10:36pm
According to RCW 9.41.040(4), which is the Washington statute governing firearm rights restoration, an individual may petition in the court where the petitioner was convicted (the court that ordered the petitioner's prohibition on possession of a firearm) or in the superior court in the county in which the petitioner resides.
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Eli
1st October 2014 1:45am
I have a disorderly conduct DV conviction and then a subsequent violation of a no contact order (that stemmed from the original conviction). Do I need to go through the rights restoration process twice, once for each conviction, or just one time to cover everything?
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MathewHigbee
1st October 2014 2:45am
Washington's firearm right restoration is based on the person, not the case. So, no, you would only need to do it once assuming that you are eligible.
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Tyler
27th September 2014 4:35pm
I have one domestic violence 4 charge and a domestic violence destruction of property charge. Both of which are misdemeanor charges. All of my fines are paid and I've completed everything that the courts have asked me to do. They said my gun rights were gone for life. I've been told differently by other people. What do I have to do and how long do I have to wait to try to get them back? I primarily want them back as a means to put food on the table.
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Shawn Bullis
13th September 2014 2:04pm
I have a correction to make. On June 3rd, 1993 I was convicted of class c felony 13 day short of my 18 birthday. I did a criminal history search on WSP and it showed up. What does this mean?
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MathewHigbee
13th September 2014 3:37pm
A felony will cause you to lose your firearm rights pursuant to state and federal law. You can, however, apply to have your firearm rights restored. We would be glad to assist you with this. You can read about the service at http://www.recordgone.com/wash...
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Shawn Bullis
13th September 2014 3:41pm
How much would it cost?
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Justin
1st December 2014 5:59pm
Why does Washington gun restoration lift the lautenberg amendment for misdemenor domestic violence?
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MathewHigbee
1st December 2014 6:20pm
Washington firearm rights restoration will only lift the federal ban (aka Lautenberg Amendment) if the state of Washington also put a ban on the person for committing a misdemeanor of domestic violence, which Washington does in some instances.
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Shawn Bullis
13th September 2014 5:11am
I was convicted of 3rd degree theft in 1997. Am I allowed to possess a firearm in Washington State?
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MathewHigbee
13th September 2014 5:35am
A 3rd degree theft is a gross misdemeanor in Washington. While some gross misdemeanors can result in the loss of firearm rights in Washington, theft is not one of them.RCW 9A.56.050(2) defines third degree theft a gross misdemeanor. I have never seen 3rd degree theft classified as a felony. http://app.leg.wa.gov/rcw/defa...
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Eric
31st August 2014 1:23pm
I was accused of assault 4th degree domestic violence but it was amended to assault with out the DV do i still have my gun rights? I ask because i was never told to surrender any weapons or that my gun rights had been lost and this happened 8 years ago.Thanks
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MathewHigbee
1st September 2014 10:29pm
Assuming the case was in WA and not a felony, WA will not prevent you from owning a firearm. For purposes of the federal ban on people who commit misdemeanor domestic violence, that is a little trickier. Application of the federal ban is fact specific. So, if the NCIS reviewed your case and found that what you were convicted of met all of the elements of the federal definition of domestic violence, they would apply the ban. In short, if you were convicted of misdemeanor for assault and the victim was one described under federal law, the ban could be applied to you.
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Eric
2nd September 2014 9:44pm
First off, thank you Matthew for your response, and yes this happened in Washington. If the case was amended to 4th degree non DV assault, does that mean that I was not convicted of domestic violence?
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Tyler
6th August 2014 11:30pm
How do I go about getting my gun rights back?
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MathewHigbee
7th August 2014 7:59pm
The answer really depends on why you have lost your gun rights. Please provide a little more information and I will do my best to answer it here. You can also call us for a free phone consultation.
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Jay Graves
12th July 2014 7:51am
It's simply not true that you will have your firearm rights restored from a federal conviction by petitioning a state court. That was determined by the U.S. Supreme Court, which ruled that only the federal courts could restore this right under a federal conviction. This law firm MUST know better if they're experienced. Research it.
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MathewHigbee
16th July 2014 8:32pm
Hi Jay. I have good news, you are wrong. However, you would be right if we were talking about federal convictions. The good news is that states can restore the rights that their courts take away. So, if a conviction in a state, such as Washington, causes a person to lose their rights, that state can restore the right. That area of law is well established and we have successfully done it for hundreds of clients. Please let me know if you have any other questions.

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