Firearm Rights Restoration
Ashbach Law Offices, LLC, can help you restore your Second Amendment right to possess a firearm. Whether you want to go hunting, protect yourself or your family, enjoy a shooting range or simply want to restore your rights, we can help. In most instances, you will not ever have to step into a courtroom; we can do it all for you. If you have had the right to possess a firearm taken away from you, contact us for more information. We have helped many clients restore their rights. If you are eligible, we can help.
Loss of Firearm Rights
Typically, the right to possess a firearm is lost as a result of a conviction for a certain type of crime. If a conviction results in the loss of the right to possess firearms, the person convicted must be advised orally and in writing that the person a) must immediately surrender any concealed pistol license, and b) may not possess a firearm unless the right to do so is restored by a court of record (Superior Court).
Convictions for any felony automatically results in the loss to possess a firearm, as do certain “domestic violence” misdemeanors and gross misdemeanors.
For misdemeanors and gross misdemeanors, this list is:
• assault in the fourth degree
• reckless endangerment
• criminal trespass in the first degree
• violation of the provisions of a protection order or No Contact Order restraining the person or excluding the person from a residence
In addition, if a person has been found “not guilty by reason of insanity” of any of the above offenses, felony or otherwise, that person’s right to possess guns will also be terminated.
Please note: loss of firearm rights in other states will typically flow to Washington State as well.
In general, possessing a firearm when one’s right to possess a firearm has been lost is a Class B or Class C Felony.
Restoring Firearm Rights
In many cases, restoration of the right to own and possess firearms is possible, assuming certain requirements are met.
A petition to restore firearm rights must be filed in either:
a) the county where the petitioner resides, or
b) the county where the conviction occurred.
Who May Reinstate
In general, a person convicted of a “sex offense” or a Class A Felony cannot have his or her firearm rights restored.
The person petitioning cannot be currently charged with any felony, gross misdemeanor or misdemeanor.
If the underlying conviction (or finding of not guilty by reason of insanity) that resulted in loss of firearms was a misdemeanor or gross misdemeanor, the person petitioning must have at least three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence, including payment of court fines/costs.
If the underlying offense was a felony, the person petitioning must have at least five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525.
Ashbach Law Offices, LLC, aggressively represents clients throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.