How Domestic Violence Charges Affect Firearm Rights in Washington

What Washington Law Says — and How to Protect Your Rights

If you’ve been accused of domestic violence, you may be shocked to learn how quickly your rights can be taken away—including your right to own or possess firearms. Under Washington State and federal law, even a single domestic violence conviction can trigger an automatic loss of firearm rights.

If you are facing charges, contact Carley Legal Services — Domestic Violence Attorney in Vancouver, WA, for a free consultation. We have successfully defended hundreds of domestic violence cases in Clark County and can help you protect your rights, freedom, and future.

When a DV Charge Threatens Your Second Amendment Rights

Domestic violence charges carry serious consequences beyond jail time or fines. A conviction can strip you of your gun rights, limit your ability to work in certain professions, and expose you to additional criminal penalties if you attempt to possess a firearm after losing your rights.

This article explains how domestic violence charges affect firearm rights in Washington, when the loss of gun ownership becomes permanent, how no-contact orders and restraining orders can also impact gun possession, and what steps you can take to defend your case and seek firearm rights restoration if eligible. We’ll also discuss why working with an experienced defense attorney is critical to safeguarding your rights and building a strategic defense.

How Domestic Violence Allegations Lead to Firearm Prohibitions

In Washington, the law treats domestic violence accusations seriously from the moment of arrest. Police must make an arrest if they find probable cause, even if the incident involved no injury and no weapon. Once arrested, prosecutors often file charges quickly, and judges frequently issue temporary firearm surrender orders as part of pretrial conditions. This means you can lose access to your firearms long before any conviction occurs—sometimes within hours. Understanding how fast this process moves is essential if you want to protect your rights.

Convictions That Trigger Automatic Bans

Under Washington law (RCW 9.41.040) and federal law, a misdemeanor domestic violence conviction automatically makes it illegal to own, possess, or purchase firearms or ammunition. This includes:

• Assault in the 4th Degree (DV)
• Harassment (DV)
• Malicious Mischief (DV)
• Violation of a no-contact order

Even if no weapon was involved in the incident, a DV conviction still triggers the prohibition. Attempting to buy or possess a gun afterward is a separate felony offense.

Temporary Gun Surrenders Before Trial

You don’t have to be convicted to temporarily lose your gun rights. Courts can require you to surrender firearms as a condition of:

• Pretrial release in a domestic violence case
• A criminal no-contact order
• An ex parte domestic violence protection order issued by a civil court

How Long Will the Prohibition Last

Domestic violence firearm bans are not automatically lifted when you complete probation. In many cases, the loss is permanent unless you petition the court for firearm rights restoration. This makes early defense work critical.

Why This Matters for Your Future

The Ripple Effects of Losing Your Gun Rights

Losing your firearm rights can affect much more than personal gun ownership. It can:

• Prevent you from working in law enforcement, security, or military roles
• Disqualifies you from certain professional licenses
• Complicated family law matters, since judges often link gun possession to public safety concerns

Beyond professional restrictions, losing your firearm rights can create long-term barriers to everyday life. You may no longer be allowed to keep heirloom firearms, go hunting with family, or even live in a household where someone else owns guns. In child custody disputes, opposing counsel may use your loss of gun rights to paint you as a public safety risk. These ripple effects are why it’s so important to approach domestic violence charges not just as a legal threat, but as a life-changing event that demands a strategic defense from the start.

Why DV Charges Are Uniquely Critical to Fight

Domestic violence incidents often involve conflicting stories and no third-party witnesses. Police are required to arrest if they find probable cause, even for minor allegations. Prosecutors in Clark County take an aggressive stance on DV cases, which can make defending your rights especially challenging.

The Role of a Skilled Defense Attorney

An experienced trial attorney can investigate the facts, expose weaknesses in the evidence, cross-examine witnesses, and negotiate for lesser or dismissed charges. At Carley Legal Services, we know how to fight against domestic violence accusations.

Steps to Protect Your Firearm Rights During a DV Case

1) Get Legal Counsel Immediately

• Contact a domestic violence attorney in Vancouver, WA as soon as possible.
• Plead “not guilty” at arraignment to preserve your rights, defenses, and options available to you.
• Gather evidence early—texts, emails, and witnesses who can corroborate your account.

2) Follow All Court-imposed Restrictions

• Strictly comply with no-contact orders or restraining orders.
• Do not attempt to buy or possess firearms while these are active.
• Violations can bring new criminal charges and further damage your defense.

3) Learn About Firearm Rights Restoration

• Some people may qualify to petition for firearm rights restoration after several crime-free years and meeting other criteria.
• Your attorney can review your eligibility and file the petition when the time is right.

4) Aim for a Non-DV Resolution

• Avoiding a domestic violence conviction is the best way to preserve your gun rights.
• Your lawyer may be able to negotiate for a non-DV reduction that does not trigger the firearm ban.

5) Build a Targeted Courtroom Defense

• Challenge the probable cause for the arrest.
• Highlight gaps or contradictions in the evidence.
• Use investigator reports or expert testimony to counter the prosecution’s claims.

Remember: Prosecutors and judges view compliance as proof of responsibility. If you follow every court order, attend all hearings on time, and complete any court-ordered classes, you build credibility. A compassionate attorney from Carley Legal Services can help frame your compliance and rehabilitation efforts in a way that persuades the court to trust you again with your rights. This proactive approach could mean the difference between loss and restoration.

What Happens If You Lose Your Gun Rights

Once your firearm rights are revoked due to a domestic violence conviction, possessing a firearm is a felony. This can carry prison time, large fines, and a conviction on your criminal record. Background checks will automatically flag and deny any firearm purchase attempts.

Even after completing your sentence, you must go through the formal firearm rights restoration process in court. Many people assume their rights return automatically—this is incorrect and can result in new felony charges.

Act Early to Defend Your Rights With Carley Legal Services

Domestic violence cases are emotionally charged, and the system often errs on the side of caution—which can mean harsh restrictions even before you’ve had your day in court. That’s why you need a defense attorney who understands both the criminal and civil sides of these cases.

A domestic violence conviction can permanently strip you of your firearm rights in Washington State. Even before a conviction, no-contact orders and protection orders can require immediate firearm surrender. The consequences reach far beyond the criminal courtroom—impacting your employment, reputation, and future opportunities.

At Carley Legal Services, we don’t just fight the charge; we work to shield you from the devastating collateral consequences like the loss of your firearm rights, damage to your criminal record, and long-term barriers to employment and housing.

Call our domestic violence lawyer in Vancouver, WA, today for a free consultation and a strong defense plan. When your rights and future are at stake, trust Carley Legal Services to provide the experienced, strategic representation you need.