When Do You Need A Gun Rights Attorney On Your Side?
Our federal constitution grants us the right to bear arms. Whether you are an avid gun collector, an enthusiastic hunter, or just carry for home protection, we understand that your firearm rights are important to you. If you have been previously convicted of a crime, you may have lost your firearm rights. Our office helps people to legally restore their gun rights. Call today to see how we can help. We may be able to get your gun rights back without you ever having to come to court. Simply give us a call, and we’ll take it from there.
Certain criminal convictions (RCW 9.41.040) will result in a loss of your right to possess a firearm. In Washington, any felony criminal conviction and some misdemeanor Domestic Violence criminal convictions will automatically result in the revocation of your right to possess a firearm.
These can include:
- Assault IV
- Reckless Endangerment
- Criminal Trespass 1st Degree
- Violation of a Protection Order
- Violation of a No Contact Order
It is important to understand that vacating or expunging a criminal conviction does not automatically restore your gun rights. That is a separate process that involves different legal requirements. To legally restore your gun rights, you must submit a petition to the Superior Court. Only a Superior Court judge can restore your gun rights. This is important because self-represented defendants will often mistakenly petition the wrong court to restore their gun rights. Do not make this mistake – instead, hire a knowledgeable gun rights lawyer to take care of the process for you.
Take care of it the right way – it is not worth it to skirt the law. If caught unlawfully possessing a firearm, the criminal consequences can be dire. You could face a new felony charge of Unlawful Possession of a Firearm. The penalties for Unlawful Possession of a Firearm could include jail time, probation and unnecessary court fees. Do not risk it – hire a skilled Washington firearm rights restoration attorney. We can take care of the process for you, likely without you ever having to come to court.
Am I Eligible to Restore My Gun Rights?
Generally speaking, to qualify for restoration of your gun rights, you must meet certain baseline criteria:
- You have no other pending criminal charges in Washington or any other states.
- You have never been convicted of a Class A Felony or a sex offense or been found not guilty by reason of insanity.
- If restoring following a felony conviction: it has been at least five years since you were convicted of a criminal charge.
- If restoring following a misdemeanor Domestic Violence conviction: it has been at least three years since you were convicted of a criminal charge and you have completed all conditions of your sentence.
- You do not have any prior felony convictions prohibiting you from possessing a firearm.
- You have never been convicted of a felony charge where the use of a firearm was involved.
What is the Process For Restoring My Gun Rights?
Step one is to give us a call. Our office carefully reviews your criminal history, including the charge(s) that forfeited your gun rights in the first place. We also look to see what steps you have taken care of in successfully completing the judge’s sentence. We work closely together with you to get the correct paperwork drafted and filed with the court. The court does charge a $240 filing fee. I often find a cashier’s check to be the most effective form of court payment.
Once we have filed the Petition to Restore Gun Rights, a copy of this document is sent to the prosecutor’s office for their review. The court schedules a hearing date to address our request. The good news – all of this can be done without the client having to come to court. We take care of the process for you.
How Long Does It Take to Restore My Gun Rights?
It typically takes up to sixty days to legally restore your gun rights. During this time, a hearing date is scheduled with the court. Once the judge signs the Order Restoring Firearm Rights, we send a copy of this document to the local law enforcement agencies, the Washington State Patrol and the FBI to update their records. It can take these agencies anywhere from a couple of weeks to a couple of months to update their databases.
I recommend to my clients to wait this amount of time to ensure all records are up to date and the client can pass a background check.
How Do I Get Started?
Feel free to give us a call at (360) 726-3571. Attorney Tom Carley offers a free consultation. We take care of the entire process for you so that you do not have to show up to court. We offer a no-hassle flat-fee pricing. If you have been convicted of a felony charge or a domestic violence offense, call us to get your gun rights back. Do not risk a new criminal charge for unlawfully possessing a gun. Instead, take care of it the right way. Call a skilled firearm rights restoration attorney today.