Legal Question in Criminal Law in Washington

I was convicted of a DUI in Washington state in October of 2000. I would like to get back into hunting and am trying to find out how or if I can get my firearm rights restored to go hunting in any state not limited to Washington. As a convicted felon currently I am not able to own/carry a firearm for any reason. There seems to be a difference between the federal and state laws on this. I am not sure if Washington state can restore my rights or if the federal law trumps this from happening. If I can get my rights back do I need to hire an attorney or something I could do on my own? How long does this process usually take? How much should I expect to spend from start to finish?

Thanks


Asked on 11/16/09, 3:09 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

The DUI conviction in 2000 is only significant IF you have more than one felony and any prior felony is a class B felony; under this scenario, generally, you would not be eligible to regain your firearm rights until you have 10 consecutive years preceding the petition without a criminal conviction.

If you have only one felony, or only class C felonies, you become eligible to petition for restoration of the right to possess on the 5th anniversary of your most recent conviction for ANY criminal offense (or release from incarceration, if later).

You do not need an attorney, but you must understand the process, particularly if you intend to petition in a county where the judges and/or prosecutors are not familiar with this area of law .... and there are many.

Attorneys will likely quote you a fee between $750 and $2500. Those on the higher end generally know less about this area of law or simply overvalue their services. It's not complicated, but there are specific requirements to remove a firearm disability under state and federal law. Your concern should be about the competence and experience of the attorney and not so much a fee that is reasonable.

Be advised that it is NOT necessary to vacate your felony conviction (many attorneys will tell you this must be done). Vacating a conviction is completely irrelevant to restoration of gun rights.

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Answered on 11/21/09, 4:05 pm


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