Legal Question in Criminal Law in Washington

Felonies

What does it take to get gun rights back after a felony from six years ago


Asked on 6/27/05, 2:13 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Restoration of Firearm Rights after felony

You must meet the eligibility requirements of RCW 9.41.040(4) - basically, you must have gone 5 years since the date of your felony conviction (or release from custody, if later) without being convicted of ANY crime and your prior felony must not be a class A or sex offense. There are other requirements that courts consider (although they are distinct from restoring rights lost from a felony conviction), e.g. no involuntary mental health commitment, no restraining orders.

You can review a summary of the requirements and determine whether you are eligible at www.washrecord.com

If you qualify, you must file a petition in superior court. The procedure differs a little by county. Some counties provide specific forms (although many require more that the statute calls for). All but a few counties require a civil filing fee, which will increase from $110 to $200 on July 24, 2005.

If you retain an attorney to handle the process, you should not have to appear in court. Be sure to hire one that knows your rights under federal and state law.

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Answered on 6/27/05, 11:02 pm


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