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Part 2: Restore Your Fundamental Right to Keep and Bear Arms In Western Washington, Oak Harbor, Seattle

Restore your right to possess firearms in King County, Seattle, Oak Harbor, Island County, and Western Washington.

The legislature has provided a procedure so those that have lost their right to possess (including convicted felons) can regain their right. The procedure requires one to essentially bring a civil cause of action against the state of Washington and petition the court. Although the procedure is akin to a civil lawsuit, it is much simpler and quicker.

In general, order for a convicted felon to restore his or her right to possess firearms the following test must be met:

(1) the person must not have previously been convicted or found not guilty by reason of insanity of a sex offense that prohibits firearm ownership;

(2) the person must not have previously been convicted or found not guilty by reason of insanity of any felony defined under any law as a class A felony;

(3) the person must not have previously been convicted or found not guilty by reason of insanity of any felony with a maximum sentence of at least twenty years;

(4) the person must have spent five or more consecutive years in the community without being convicted of or found not guilty by reason of insanity of any crime;

(5) the person must not currently be charged with any crime;

(6) the individual must not have a prior felony conviction that prohibits the possession of a firearm counted as part of the offender score under RCW 9.94.525.

In general, order for those who have lost their right to possess firearms because of a misdemeanor or gross misdemeanor offense (e.g. assault in the fourth degree domestic violence) to have their gun rights restored the following test must be met:

(1) the person must not have previously been convicted or found not guilty by reason of insanity of a sex offense that prohibits firearm ownership;

(2) the person must not have previously been convicted or found not guilty by reason of insanity of any felony defined under any law as a class A felony;

(3) the person must not have previously been convicted or found not guilty by reason of insanity of any felony with a maximum sentence of at least twenty years;

(4) the person must have spent three or more consecutive years in the community without being convicted of or found not guilty by reason of insanity of any crime;

(5) the person must not currently be charged with any crime;

(6) the individual must not have a prior felony conviction that prohibits the possession of a firearm counted as part of the offender score under RCW 9.94.525.

Also, a person may only petition for a restoration of gun rights in the Superior Court in the county where he or she lives or in a Superior Court that ordered the loss of firearms.

Case law hold that when a person meets the test(s) above the restoring court simply has a ministerial duty to restore the person’s rights. There is no requirement that the person prove that he or she is safe to own or possess guns. The only discretion that the statute contemplates belongs to the petitioning individual, and that discretion concerns his decision to petition the court.

Again, it is great to see that our legislature recognizes that there are folks that made mistakes long in the past who are now completely different people in the present and who deserve to have their rights back.

If you believe that you may meet the tests above and would like to restore your right to keep and bear arms please feel free to contact Platt & Buescher today to set up a consultation to get your right to possess firearms back.