When Do You Need a Gun Rights Attorney on Your Side?
The right to bear arms is protected by our federal constitution. Whether you’re a gun collector, an avid hunter, or you carry for home protection, your possession of firearms is important to you. However, if you’ve been convicted of a felony offense or certain misdemeanors, you may have lost your firearm rights. At Carley Legal Services, we specialize in helping people legally restore their gun rights. In many cases, we can handle the process without you ever having to appear in court. Call us today to get started.
Criminal Convictions That Lead to Loss of Firearm Rights
Under Washington state law (RCW 9.41.040), certain criminal records automatically result in the revocation of your right to possess a firearm. These include:
- Assault IV
- Stalking
- Coercion
- Reckless Endangerment
- Criminal Trespass 1st Degree
- Violation of a Protection Order
- Violation of a No Contact Order
Both felony convictions and some Domestic Violence misdemeanors can result in the loss of your gun rights. However, it’s important to understand that vacating or expunging a conviction doesn’t automatically restore these rights. You must submit a petition to the Superior Court to legally restore them, and only a Superior Court judge can grant restoration. Many self-represented individuals mistakenly petition the wrong court. Avoid this costly error—hire an experienced gun rights lawyer to guide you through the process.
The Importance of Proper Legal Representation
Attempting to skirt the law can lead to severe consequences. If caught unlawfully possessing a loaded firearm, you could face a new felony offense for Unlawful Possession of a Firearm. The penalty for violation may include jail time, probation, and hefty court fees. Don’t take unnecessary risks—work with a skilled firearm rights restoration attorney who can handle the process for you.
Am I Eligible to Restore My Gun Rights?
To restore your right to possess firearms, you must meet specific criteria:
- You have no pending criminal charges in Washington or any other states.
- You’ve never been convicted of a Class A Felony, a sex offense, or been found not guilty by reason of insanity.
- If restoring rights following a felony conviction: At least five years have passed since your conviction.
- If restoring rights following a misdemeanor Domestic Violence conviction: At least three years have passed since your conviction, and you’ve completed all conditions of your sentence.
- You do not have any prior felony convictions that prohibit you from owning a concealed firearm.
- You’ve never been convicted of a felony involving the use of a weapon.
The Process for Restoring Your Gun Rights
Step one is simple: give us a call. Our office will thoroughly review your criminal records, including the charge(s) that led to the loss of your pistol license or firearm rights. We’ll assess your eligibility and ensure all required steps, such as completing the judge’s sentence, are met. We then draft and file the necessary paperwork with the court. The court charges a $240 filing fee, and a cashier’s check is often the most efficient payment method.
Once the Petition to Restore Gun Rights is filed, a copy is sent to the prosecutor’s office for review. The court will schedule a hearing, but in most cases, you won’t need to appear. We take care of everything for you.
How Long Does It Take to Restore Gun Rights?
Restoring your possession of firearms rights typically takes about 60 days. During this period, a hearing date is set with the court. Once the judge signs the Order Restoring Firearm Rights, we send copies to local law enforcement agencies, the Washington State Patrol, and the FBI for record updates. These agencies can take anywhere from a few weeks to a couple of months to update their databases. We recommend waiting until all records are up-to-date before attempting to pass a criminal background check system.
Get Started Today
If you’ve been convicted of a felony offense or a Domestic Violence charge, don’t risk further public safety violations by unlawfully possessing a firearm. At Carley Legal Services, we offer free consultations and take care of the entire process for you—no court appearance required. Our affordable, flat-fee pricing means no surprises. Call us today at (360) 726-3571 to speak with a knowledgeable firearm rights restoration attorney and reclaim your right to bear arms the legal way.
