Firearm Background Check

Your right to possess a gun in Washington State will be suspended if you have a conviction for a felony crime. A conviction for a misdemeanor inviting domestic violence will also take away your right to possess a gun.

The right to possess a gun, and the process for restoring the right to possess a gun, in Washington State is often misunderstood. In Washington State, a person's civil ownership are restored after all sentence conditions are satisfied and probation ends. For a felony conviction civil ownership are restored when a document called a Certificate of dismissal is filed with the court. However, this does not restore the right to possess a gun or any type of firearm. The right to possess a firearm is separate, and must be specifically restored by a court.

Similarly, having a criminal conviction expunged does not restore the right to possess a gun. In fact, when a court expunges a criminal conviction the Order specifically states the right to possess a firearm is not restored.

In Washington State, there are 5 steps, or criteria, that must be satisfied to restore your right to possess a gun.

1. To be eligible to restore your right to possess a firearm, you cannot have any criminal charges pending against you. This means if you are currently charged with any crime in a court in Washington State, a federal court, or a court in any other state, you are ineligible to have your right to possess a gun restored.

2. The required number of time has passed.
Your right to possess a firearm can be restored in Washington State if at least five consecutive years have passed without being convicted of any crime. The five year duration applies if the conviction that suspended your right to possess a firearm was a class B or class C felony. If you were convicted of a misdemeanor that suspended your right to possess a gun, then three years must pass before you can have your right restored.

3. You were not convicted of a crime that constantly prohibits you from possessing a firearm.
Convictions for sure crimes take away your right to possess a gun permanently. In Washington State, if you were convicted of a class A felony (most serious), you cannot have your firearm ownership right restored. Additionally, if you were convicted of a crime in an additional one state or in federal court that would constitute a class A felony in Washington State, or which has a maximum sentence of twenty years or longer, Washington State law does not permit your gun ownership to be restored. The last category is sex crimes. If you have a conviction for an offense classified as a sex crime under Washington law, then a Washington State court will not restore your right to possess a gun or other firearm.

4. There is no court order currently in force that prohibits you from possessing a firearm.
Conviction of a crime is not the only means by which your right to possess a gun in Washington State can be taken away. Some criminal court orders, and sure civil court orders such as a domestic violence security order, will prohibit possessing a gun.

5. You have never been involuntarily committed to a reasoning condition premise for treatment.
If you were ever committed to a reasoning condition premise without your consent, then you are not eligible to have your right to possess a firearm restored in Washington State.

As you can see, you can have your right to possess a gun restored in Washington State if you meet the criteria. In most cases, these 5 steps take only a few weeks to complete.

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