Restoring Firearm Rights in Washington State
The restoration of firearm rights is controlled by two different sets of rules. The “old” rules were in effect until 7/23/23. The “new” rules are in effect since 7/23/23. In some ways, the old rules are more beneficial, and in other ways the new rules are more beneficial. It all depends on your specific set of circumstances.
For those that were eligible before 7/23/23, RCW 9.41.040(4) controls the restoration of firearm rights in Washington state after a criminal conviction. In most instances, firearm rights can be restored after a conviction for a felony or a domestic violence misdemeanor. RCW 9.41.040(4) can be used even though it no longer exists so long as you would have been eligible under that law prior to 7/23/23.
For those that were not eligible before 7/23/23, or for those for whom the new law is more beneficial, RCW 9.41.041 controls the restoration of firearm rights in Washington state after a criminal conviction. Again, in most instances, firearm rights can be restored after a conviction for a felony or a domestic violence misdemeanor.
Can gun rights be restored after a felony in Washington?
Under RCW 9.41.041, firearm rights can be restored after a felony conviction in Washington, so long as the following requirements are met:
- You have gone five consecutive years in the community without being convicted of a crime that prohibits firearm possession. These have to be the most recent five years.
- There are no pending charges against you anywhere.
- All of your felony points have washed.
- You have never been convicted of a class A felony or any sex offense.
- You have completed all conditions of your sentence, including restitution. Nonrestitution financial obligations do not need to be paid.
- Conditions of sentence and restitution does not have to be completed.
Under RCW 9.41.040(4), firearm rights can be restored after a felony conviction in Washington, so long as the following requirements are met:
- You have gone any five consecutive years in the community without being convicted of any crime. These do not necessarily have to be the most recent five years.
- There are no pending charges against you anywhere.
- All of your felony points have washed.
- You have never been convicted of a class A felony or any sex offense.
Can gun rights be restored after a DV misdemeanor in Washington?
Firearm rights can be restored after a domestic violence misdemeanor conviction in Washington, so long as the following requirements are met:
- Under RCW 9.41.040(4), you have gone any three consecutive years in the community without being convicted of any crime. These do not necessarily have to be the most recent three years.
- Under RCW 9.41.041, you have gone five consecutive years in the community without being convicted of any crime. These have to be the most recent five years.
- You have completed all the conditions of your sentence. Under RCW 9.41.041, nonrestitution financial obligations do not need to be paid.
- There are no pending charges against you anywhere.
- All of your felony points have washed.
- You have never been convicted of a class A felony or any sex offense.
What is the difference between RCW 9.41.040 and RCW 9.41.041 for gun rights restoration?
Read the blog post for more information about how these two are different and use the contact form on this website to get in touch with Washington’s top gun rights lawyers – Kertchen Law.
While these eligibility requirements may seem simple, they are not. Felony points don't always need to wash, classifications of crimes can change over time, out-of-state criminal history needs to be considered, and court rulings may impact these requirements. Call 253-905-8415 or fill out the contact form for a personalized analysis of your eligibility from the leading Washington state gun rights lawyer.
