Gun Rights & Records - Victory Legal, PLLC

Time is not on Your Side,
We Are!

After an arrest contact us within 48 hours

Our Process

We help our clients regain their full legal rights to own or possess firearms. A person can lose their firearm rights after a felony criminal conviction, certain misdemeanor convictions, or an involuntary commitment for mental health treatment. Even juvenile court convictions can result in the loss of firearm rights well into adulthood. Washington law allows people to petition a court to have their firearm rights restored after a period of good behavior. We assist our clients in bringing these petitions before the court.

Your Basic Rights

1. After a felony conviction, a person can petition for firearm restoration after five years of good behavior with no new criminal charges or convictions. A person cannot have their rights restored if they were convicted of a Class A Felony or a Sex Offense.
2. After certain misdemeanor convictions involving domestic violence, a person can petition for firearm restoration after three years of good behavior.
3. After an involuntary commitment for mental health treatment, a person can petition for restoration by demonstrating that any mental condition has been treated and is unlikely to reoccur.
4. Once a judge signs an order restoring a person’s firearm rights, that person can own or possess firearms the same as any other citizen — including legally purchasing guns and obtaining a concealed pistol license.

Your local defense team

Charges

Loss of Rights

A person can lose the right to own or possess a firearm in several ways:

A person convicted of any felony criminal offense loses the right to own or possess a gun.
Anyone convicted of a misdemeanor crime involving domestic violence loses their gun rights.
Anyone involuntarily committed for mental health treatment or found not guilty of a crime by reason of insanity will lose their gun rights.
Anyone who is subject to a restraining order (Protective Order, Anti-harassment Order, or Domestic Violence Protective Order) will be barred from possessing guns.

Possession is the crime

A person could be charged with the crime of unlawful possession of a firearm even if the weapon does not belong to him/her (for example: a situation where a spouse, roommate, or friend stores their weapon in the place where the person lives).

A person could also be charged with a crime even if they did not know a gun was nearby (for example, a person borrows a car from a friend that contains a gun in the glovebox).

Restoring your rights:

Gun rights are not automatically restored in Washington. A court will automatically restore some civil rights after a person completes a felony criminal sentence (for example, the right to vote or serve on a jury). If a person petitions a court and has their criminal conviction vacated or removed from their record, this does NOT automatically restore the right to possess firearms.

You can be in constant risk of being charged with unlawful possession, some people choose to have their gun rights restored even if they never personally intend to own a weapon in the future.

Practice Areas

Our Process

Basic rights & other information

1. After a felony conviction, a person can petition for firearm restoration after five years of good behavior with no new criminal charges or convictions. A person cannot have their rights restored if they were convicted of a Class A Felony or a Sex Offense.
2. After certain misdemeanor convictions involving domestic violence, a person can petition for firearm restoration after three years of good behavior.
3. After an involuntary commitment for mental health treatment, a person can petition for restoration by demonstrating that any mental condition has been treated and is unlikely to reoccur.
4. Once a judge signs an order restoring a person’s firearm rights, that person can own or possess firearms the same as any other citizen — including legally purchasing guns and obtaining a concealed pistol license.

Charges

Loss of Rights

A person can lose the right to own or possess a firearm in several ways:

A person convicted of any felony criminal offense loses the right to own or possess a gun.
Anyone convicted of a misdemeanor crime involving domestic violence loses their gun rights.
Anyone involuntarily committed for mental health treatment or found not guilty of a crime by reason of insanity will lose their gun rights.
Anyone who is subject to a restraining order (Protective Order, Anti-harassment Order, or Domestic Violence Protective Order) will be barred from possessing guns.

Possession is the crime

A person could also be charged with a crime even if they did not know a gun was nearby (for example, a person borrows a car from a friend that contains a gun in the glovebox).

Restoring your rights:

You can be in constant risk of being charged with unlawful possession, some people choose to have their gun rights restored even if they never personally intend to own a weapon in the future.

Practice Areas

Your local defense team

Articles

Seeking a Sexual Assault Protection Order (SAPO)?

What is a Sexual Assault Protection Order (SAPO)? A Sexual Assault Protection Order (SAPO), is a

DUI Stop: Can Drivers Refuse a Breathalyzer Test

Rules for Breathalyzer Testing During a DUI Stop. It may surprise you to learn, that in Washington

Legal Question: Arrest Warrants

Would the Department of Licensing call the police if I have a arrest warrant and went in for an

Call Us 360 685 4221 For A Free Consultation

Our office Locates at 222 Grand Avenue, Ste A Bellingham, WA 98225.
To speak with us or to find a time to sit down in-person for a consultation, reach out online
or by phone at 360 685 4221.