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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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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convicted of malicious mischief in the 2nd degree in 1998 at the age of 16 and was given a deferred disposition, which was revoked due to failure to pay restitution in 2008, resulting in a class c felony.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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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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