Legal Question in Criminal Law in Washington
How can I get back my right to bare firearms?
Over a year ago I was arrested and convicted of domestic violence. At that time my right to bare firearms was taken away. I was advised that it was possible to get back this privledge if I go before the judge after a year of my conviction. Since my last conviction I have not been in trouble with the law at all. Can you please advise me of my rights. What is the best way to get back my right to bare arms and what steps do I need to take?
2 Answers from Attorneys
3 Year Waiting Period - No Subsequent Crimes
Under current Washington statutes, a person convicted of a misdemeanor crime of domestic violence, e.g. assault, will be eligible to petition a superior court (not a district or municipal court) for restoration of firearm rights if the offender has:
1. spent 3 consecutive years in the community, i.e. out of custody, without being convicted or currently charged with a crime; AND
2. completed all of the conditions of the judgment and sentence, e.g. treatment, financial obligations.
There are other requirements that must be met. Additionally, there must be no continuing domestic violence protection order in effect.
It appears that you have between 1 and 2 years remaining before you are eligible to regain your firearm rights. Be advised that if you are found to be in possession of a firearm (muzzleloaders included), you could be charge with Unlawful Possession of Firearm 2nd Degreem, a class C felony.
For a summary of applicable Washington law, visit www.washrecord.com.
3 Year Waiting Period - No Subsequent Crimes
Under current Washington statutes, a person convicted of a misdemeanor crime of domestic violence, e.g. assault, will be eligible to petition a superior court (not a district or municipal court) for restoration of firearm rights if the offender has:
1. spent 3 consecutive years in the community, i.e. out of custody, without being convicted or currently charged with a crime; AND
2. completed all of the conditions of the judgment and sentence, e.g. treatment, financial obligations.
There are other requirements that must be met. Additionally, there must be no continuing domestic violence protection order in effect.
It appears that you have between 1 and 2 years remaining before you are eligible to regain your firearm rights. Be advised that if you are found to be in possession of a firearm (muzzleloaders included), you could be charge with Unlawful Possession of Firearm 2nd Degree, a class C felony.
For a summary of applicable Washington law, visit www.washrecord.com.
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