Possession of a firearm is prohibited under Washington law upon conviction of a felony, certain gross misdemeanors, and under other circumstances. You may restore your right to possess a firearm if you meet certain eligibility criteria and obtain an Order from the Superior Court.
The successful restoration of your right to possess a firearm will not expunge any criminal convictions from your record.
- You may not have any criminal charges pending in the State of Washington or in any other state, or in any federal court.
- You may not be subject to any court domestic violence restraining order, injunction or other order, either civil or criminal.
- You may not have a conviction for any class A felony, or any felony having a maximum sentence of at least twenty years.
- You may not have a conviction for any felony sex offense.
- You must have spent a minimum period of consecutive years in the community without being convicted of any felony, gross misdemeanor or misdemeanor crimes. This time period is either five or ten years, depending upon your felony convictions, and is three years for non-felony convictions.
- You must have successfully completed every term and condition of each conviction.
The Process to Obtain a Superior Court Order
The following information does not cover restoration of the right to possess a firearm resulting from your involuntary commitment for mental health treatment. In such circumstances, you must comply with RCW 9.41.047 and to restore your right. Douglas County forms for a Petition, a Note for Motion/Hearing and an Order/Certificate are links at this website. These forms are available for your use and have been approved by the Prosecuting Attorney and the Superior Court. These forms may not be applicable to your circumstances. Also, the law may have changed since these forms were drafted. You are encouraged to consult a lawyer before using these forms or if you have any questions about these forms or the process for restoring your firearm rights.
- Carefully read the Petition. By signing the Petition under penalty of perjury you are certifying that each statement in the Petition is true.
- You must obtain a certified copy of an Order from each court in which you have a conviction and for each conviction. Each Order must certify that you have successfully completed every term and condition of the conviction and are discharged from any further requirements. Each certified Order must be attached to the Petition.
- You must obtain certified copies of your record of criminal convictions. A certified copy of your local criminal record must be obtained from the Douglas County Sheriff’s Office, 110 NE 2nd Street, East Wenatchee. The Sheriff’s Office will also provide you with a form to send to the Washington State Patrol to obtain your state and national criminal record. There will be a fee for each copy charged by each agency. Each certified copy of your criminal history must be attached to the Petition.
- Sign and file the Petition with the Douglas County Clerk. There will be a filing fee.
- When you file the Petition, the Douglas County Clerk will advise you of the available dates and times for your hearing in the Superior Court. The hearing must be at least ten days after the Petition is filed. Complete the Notice of Hearing, fill in the date and time of the hearing and sign it. File the Notice of Hearing with the Douglas County Clerk. If you do not have a hearing within sixty days after filing the Petition, then you must provide updated copies of your criminal record from the Douglas County Sheriff’s Office and the Washington State Patrol.
- Make at least three copies of the Petition, attachments and the Notice of Hearing. Do this before filing. The Douglas County Clerk will conform each set of copies. Retain a set for your records. Give one set to the Douglas County Clerk for the Judge’s working copies. Serve one set on the Douglas County Prosecuting Attorney’s Office in the Douglas County Courthouse, Waterville. The Douglas County Prosecuting Attorney’s Office is entitled to at least seven days prior notice of the hearing, so make service as soon as possible.
- Complete and sign the Order form before the scheduled hearing. Appear in the Douglas County Superior Court on the date and time of the hearing. Give the Judge the Order form.
- The Douglas County Prosecuting Attorney’s Office will appear at the scheduled hearing if there are any objections to restoration of your right to possess a firearm. At the hearing you will be required to testify under oath regarding the contents of the Petition and answer any questions which are asked by the Prosecuting Attorney or the Judge.
- If the Judge restores your right to possess a firearm and signs the Order, then obtain a certified copy of the Order from the Douglas County Clerk. There will be a fee charged for the certified copy.