Firearm Restoration

Have you lost your right to possess firearms?

When a person is either (1) convicted of a crime that results of the loss of the right to possess firearms; or (2) involuntarily committed, one of the most significant consequences is the loss of one's right the lawfully possess firearms.

However, the law does provide a procedure for the reinstatement of the right to possess firearms under RCW 9.41.040 or RCW 9.41.047.

I. Basic Felony Conviction Requirements

You must have been in the community for at least 5 or more consecutive years without being convicted of any felony, gross misdemeanor, or misdemeanor crimes
No prior felony convictions prohibit you from possessing a firearm
You have successfully completed each and every term of the conditions of the sentence imposed by the court
You have no pending criminal charges
You have never been convicted of a felony where a firearm was used
You are not under a court order, either civil or criminal, prohibiting the possession of a firearm
You have not had a firearm forfeited in the last five years for a drug or alcohol incident pursuant to RCW 9.41.098
You are not under a court order, either civil or criminal, prohibiting the possession of a firearm
You have never been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, Chapter 10.77 RCW, or equivalent statutes of another jurisdiction

II. Basic Non-Felony Requirements

You must have been in the community for at least 3 or more consecutive years without being convicted of any felony, gross misdemeanor, or misdemeanor crimes
No prior felony convictions prohibit you from possessing a firearm
You have successfully completed each and every term of the conditions of the sentence imposed by the court
You have no pending criminal charges
You have never been convicted of a felony where a firearm was used
You are not under a court order, either civil or criminal, prohibiting the possession of a firearm
You have not had a firearm forfeited in the last five years for a drug or alcohol incident pursuant to RCW 9.41.098
You are not under a court order, either civil or criminal, prohibiting the possession of a firearm
You have never been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, Chapter 10.77 RCW, or equivalent statutes of another jurisdiction

III. Basic Involuntary Commitment Requirements

A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction may, upon discharge, petition the superior court to have his or her right to possess a firearm restored.

The court shall restore the petitioner's right to possess a firearm if the petitioner proves by a preponderance of the evidence that:

(1) The petitioner is no longer required to participate in court-ordered inpatient or outpatient treatment;

(2) The petitioner has successfully managed the condition related to the commitment;

(3) The petitioner no longer presents a substantial danger to himself or herself, or the public; and

(4) The symptoms related to the commitment are not reasonably likely to recur.

If a preponderance of the evidence in the record supports a finding that the person petitioning the court has engaged in violence and that it is more likely than not that the person will engage in violence after his or her right to possess a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she does not present a substantial danger to the safety of others.

If you have additional questions regarding your eligibility, contact Pederson Law today to schedule a free and discreet telephone consultation.

Have you lost your right to possess firearms?

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