Mental Health Based Revocation

Mental Health Based Revocation

Under Washington law, if you are involuntarily committed or found not guilty by reason of insanity, 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!

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There are two mental-health-based reasons that your right to lawfully possess firearms may have been revoked: (1) a court has found you not guilty by reason of insanity or (2) you have been involuntarily committed.

Under Washington law, if you are seeking to have your firearm rights restored, you are required to prove to a judge that:

  • You are no longer under court order to participate in either inpatient or outpatient treatment;
  • You have successfully managed the condition that resulted in the involuntary commitment;
  • You are no longer a substantial danger to yourself or others; and
  • Your symptoms related to the involuntary commitment are no longer reasonably likely to recur.
This process is more detailed than a conviction-based firearm restoration petition. The attorney’s at the Law Office of Erin Bradley McAleer will assist you in obtaining the necessary records, obtaining declarations from your friends and family members, and assist you in obtaining a current mental health evaluation to make your petition as strong as possible. Keep in mind that judges in Washington are both human and elected officials who will want to make sure that they are not giving back the wrong person the right to possess and maintain firearms. Our office has been highly successful in having mental health based firearm restoration petition’s granted.  Feel free to call us to discuss your particular situation in more detail.

To restore your right to possess firearms following a court’s finding that you are not guilty by reason of insanity for a felony charge, you are required to prove that:

  • You have not been convicted of a new charge in the last five years;
  • You have not been found not guilty by reason of insanity in the last five years; and
  • You have no other prior felony convictions.

To restore your right to possess firearms following a court’s finding that you are not guilty by reason of insanity for a misdemeanor or gross misdemeanor charge, you are required to prove that:

  • You have not been convicted of a new charge in the last three years;
  • You have not been found not guilty by reason of insanity in the last three years;
  • You are not currently charged with any felony, gross misdemeanor, or misdemeanor crimes;
  • You have no other prior felony convictions; and
  • You have completed all conditions of the sentence.

The Washington statute regarding restoring your right to possess firearms allows us to file the petition with either of the two following superior courts:

  • The superior court in the county where your original case was filed in which you were found not guilty by reason of insanity; or
  • The superior court in the county where you currently reside.