A clear legal path back to your rights

Certain convictions in Washington take away the right to own or possess a firearm. For many people, that loss does not have to be permanent. You can petition a superior court to restore your firearm rights once you meet the requirements the law sets out.

Restoration turns on a defined set of statutory requirements. Our job is to confirm you meet each one before you file, so the court and the prosecutor see a complete, well-supported petition. Chester Baldwin, a Former Thurston County Rule-9 Prosecutor, knows how prosecutors review these petitions because he has worked on that side of the courtroom.

Who cannot petition

Restoration is not available if you were convicted of:

  • A class A felony.
  • A felony sex offense.
  • A felony with a maximum sentence of 20 years or more.

The waiting period

You must have spent a set number of consecutive years in the community, immediately before filing, without a new conviction for any crime that prohibits firearm possession:

  • Five years if your prohibiting conviction was any felony, or a misdemeanor or gross misdemeanor for domestic violence, stalking, cyberstalking, harassment, certain firearm offenses, or a DUI-related offense.
  • Three years for other prohibiting misdemeanors and gross misdemeanors.

Other requirements

  • No pending charges of any kind, when you file or while the petition is pending.
  • All sentence conditions complete, including court-ordered treatment and restitution. Remaining non-restitution fines and fees do not block the petition.
  • No other prohibition on possessing a firearm, and the ability to pass a background check if restored.

Your full criminal history matters, including out-of-state convictions. We review it with you before anything is filed.

RCW 9.41.041

How the process works

  1. Free consultation. We review your record and confirm eligibility.
  2. Petition. We prepare the petition on the court's standard forms.
  3. Filing and service. We file in the superior court of a county that entered your prohibition and serve the prosecuting attorney there.
  4. Verification. The prosecutor reviews the records, including a Washington State Patrol records check, and reports to the court. Victims who asked for notice may submit a statement.
  5. Decision. The court may set a hearing if it needs more information. If your rights are restored, the court notifies the Washington State Patrol within three judicial days.

Does a DUI affect my gun rights?

A single misdemeanor DUI does not, by itself, take away your firearm rights in Washington. That changes with repeat offenses: since July 23, 2023, a DUI-related offense committed within seven years of a conviction for another one makes firearm possession unlawful. A felony DUI also removes firearm rights. If you are facing a second DUI, ask us about this before you resolve the case.

Federal law

Federal firearm law has its own rules, and a state restoration does not always settle them. We will flag any federal issue during your consultation.

Your right to vote

Most people do not need a lawyer to vote again. Here is how Washington law works:

  • Misdemeanor, gross misdemeanor, and juvenile convictions never affect your right to vote.
  • For a Washington felony, your right to vote is restored automatically whenever you are not serving a sentence of total confinement with the Department of Corrections. You can vote while on community custody.
  • If you were in Department of Corrections confinement, you must re-register before voting. You can do that at VoteWA.gov.

Not sure? Call us. If your voter record is wrong, for example still showing you as ineligible after release, call us and we will help you sort it out.

RCW 29A.08.520

What it costs

The consultation is free. If an attorney confirms you qualify, the flat fee is $2,500 per matter, quoted before any work begins. Vacating a conviction and restoring firearm rights together is $4,000. We only take your case if you qualify. Not sure what's on your record? Ask about our $99 Attorney Record Review: we pull your Washington record and give you an attorney's answer, and the $99 goes toward your fee. Major credit cards accepted.

Common questions

How long do I have to wait before I can petition?

Five consecutive years in the community without a new prohibiting conviction if your prohibiting conviction was a felony or one of the listed misdemeanors, such as domestic violence, stalking, harassment, or a DUI-related offense. Three years for other prohibiting misdemeanors and gross misdemeanors.

Where is the petition filed?

In the superior court of a county that entered your firearm prohibition. The prosecuting attorney there is served and, with a Washington State Patrol records check, verifies your eligibility.

Does the court have to grant my petition?

The court grants restoration only when every statutory requirement is met. That is why we confirm each requirement with you before anything is filed.

Do unpaid fines block restoration?

Court-ordered treatment and restitution must be complete. Remaining fines and fees other than restitution do not, by themselves, block the petition.

Does one DUI take away my gun rights?

A single misdemeanor DUI does not. Since July 23, 2023, a DUI-related offense committed within seven years of a conviction for another one does, and a felony DUI does.

Counties served

Thurston, Pierce, Mason, Kitsap, Lewis, Grays Harbor, King, Snohomish, Cowlitz, and Clark Counties, and the rest of Western Washington.

This page provides general information about Washington law and is not legal advice for your situation. Eligibility depends on your full record, and past results do not guarantee a similar outcome. Baldwin Legal Group, PLLC, 123 Fir Street NE, Olympia, WA 98506. Chester Baldwin, WSBA #39789, is the attorney responsible for this content.

Call 360.858.6025Free consultation