Under Washington law, if you are convicted of a Class B or Class C felony or a misdemeanor domestic violence charge, you lose your right to lawfully possess firearms. Fortunately, you may qualify to have your firearm rights restored!
RestoremyRecord, a division of the Law Office of Erin Bradley McAleer, will handle everything on your behalf. We are able to process payment right over the phone, complete the paperwork, file the petition with the court, and argue the petition on your behalf. This means that you don’t need to take time off of work or try to fit us into your already busy schedule. You never even have to step foot in the courtroom or even in our office!
Currently In force Protection Orders = Ineligible
- Domestic Violence Protection Orders
- Anti-Harassment Protection Orders
- No Contact Protection Orders
- Any Other Civil Restraining Order which Restrains One Party from Contacting Other Party.
Crimes Ineligible for Firearm Restoration w/o Governor Pardon
All Felony Sex Offenses*; Murder, Assault 1, Kidnapping 1, Assault of a Child 1, Robbery 1 Any other Class A Felony, or Any Attempt or Conspiracy to Commit a Class A Felony.
*Felony Sex Crimes Where the Offender Has Been Relieved from His Duty To Register As a Sex Offender May Qualify to Restore Their Firearm Rights.
Many people have misconceptions regarding the restoration of their firearm rights. One of the most common misconceptions is that you must have your conviction vacated in order to have your firearm rights restored. This is simply not true. You can choose to have your firearm rights restored without having your conviction vacated.
However, the Attorneys at RestoreMyRecord, a division of the Law Office of Erin Bradley McAleer, have handled hundreds of firearm right restorations and vacations. We also offer discounts if you choose to hire us to handle both the vacation of your conviction and restoration of your firearm rights.
Class A felonies are classified as having a maximum punishment of up to life in prison and up to $50,000 in fines, or both. Unfortunately, the standard process for restoring your firearm possession rights does not apply to a Class A felony. For Class A non-sex crimes the only way to restore your firearm possession rights if you have a class A felony conviction is to have the conviction pardoned by the governor. For class A felony sex crimes there is an exception if you successfully petition the court for relief from the duty to register as a sex offender. You can read more about the eligibility requirements to be relieved from a duty to register as a sex offender here.
The most common Class A felonies are:
- Murder,
- Rape in the First Degree
- Rape in the Second Degree
- Rape of a Child in the First Degree
- Rape in the Second Degree
- Kidnapping in the First Degree
- Kidnapping in the Second Degree with Sexual Motivation.
- Burglary in the First Degree
- Robbery in the First Degree
Class B felonies are classified as having a maximum punishment of up to 10 years in prison, $20,000 in fines, or both. To qualify to have your firearm possession rights restored following a Class B felony conviction, you must meet the following criteria:
- You were not convicted of a felony sex offense under RCW 9.41.040(a);
- You do not have any criminal charges pending against you in any state or federal court
- You have not been convicted of a new crime for at least 10 years since the date of your conviction
- You do not have any warrants pending against you issued by any state or federal court
The most common Class B felonies are:
- Assault in the Second Degree
- Theft in the First Degree
- Residential Burglary
- Burglary in the Second Degree
- Robbery in the Second Degree
- Theft of a Motor Vehicle
- Possession of a Stolen Vehicle
- Possession of a Controlled Substance With Intent to Deliver
Class C felonies are classified as having a maximum punishment of up to 5 years in prison, up to $10,000 in fines, or both. To qualify to have your firearm possession rights restored following a Class C felony conviction, you must meet the following criteria:
- You were not convicted of a felony sex offense under RCW 9.41.040(a);
- You do not have any criminal charges pending against you in any state or federal court;
- You have not been convicted of a new crime for at least 5 years since the date of your conviction;
- You do not have any warrants pending against you issued by any state or federal court;
The most common Class C felonies are:
- Rape in the Third Degree * Subject to Relief of Duty to Register As Sex Offender
- Theft in the Second Degree
- Possession of a Controlled Substance – Methamphetamine
- Assault in the Third Degree
- Possession of Stolen Property
- Felony Harassment
- Criminal Impersonation
- Driving Under the Influence (if 4+ DUI in 10 year period)
Domestic violence related Gross Misdemeanors are classified as having a maximum punishment of up to 364 days in jail, up to $5,000 in fines, or both. To qualify to have your firearm possession rights restored following a domestic violence related Gross Misdemeanor conviction, you must meet the following criteria:
- You do not have any criminal charges pending against you in any state or federal court;
- You have not been convicted of a new crime for at least 3 years since the date of your conviction;
- You do not have any warrants pending against you issued by any state or federal court;
- You have completed all terms and conditions of your sentence including paying any legal and financial obligations ordered by the court.