Felon Gun Rights in Washington

Overview

Washington state prohibits firearm possession for all felony convictions and certain serious misdemeanors. Restoration requires filing a separate petition in superior court — a Certificate of Discharge (issued upon sentence completion) does NOT restore firearm rights. The waiting period is 5 years after release from custody or conviction for Class B and C felonies, and the 5-year period must be consecutive years free from conviction. Critically, persons convicted of a felony sex offense, Class A felony, or any felony with a maximum sentence of at least 20 years are permanently prohibited and cannot petition for restoration. Recent legislative amendments (2024 c 290, 2025 c 122) refined eligibility requirements following the Washington Supreme Court's decision in State v. Dennis. If the court finds the statutory requirements are met, it must grant restoration — the judge has no discretion to deny a qualifying petition.

Quick Answer

It depends on your felony class. If you were convicted of a Class B or C felony (not a sex offense), you can petition the superior court for firearm rights restoration after 5 consecutive years with no new convictions following release from custody. If you were convicted of a Class A felony, a felony sex offense, or a felony with a maximum sentence of 20+ years, you are permanently prohibited and cannot petition for restoration. A Certificate of Discharge does not restore gun rights — a separate court petition is required. Federal law under 18 USC 922(g)(1) also applies independently.

Step-by-Step Process

Waiting Period

5 consecutive years free from any felony, gross misdemeanor, or misdemeanor conviction after release from custody (or from date of conviction if no custody was imposed) for Class B and C felonies. 3 years for nonfelony offenses not otherwise covered. The waiting period must be consecutive — any new conviction during the period resets the clock. Outstanding non-restitution fines and fees do not prevent the waiting period from running. Persons convicted of Class A felonies, felony sex offenses, or felonies with 20+ year maximum sentences are permanently prohibited with no waiting period — they cannot petition.

Key Laws

Frequently Asked Questions

Can a felon get their gun rights back in Washington state?

Yes, for Class B and C felonies (that are not sex offenses). After 5 consecutive years free from any conviction following release from custody, you can petition the superior court for restoration. If you meet all statutory requirements, the court must grant your petition. However, Class A felonies, felony sex offenses, and felonies with 20+ year maximum sentences are permanently disqualifying.

How long do I have to wait to restore my gun rights in Washington?

5 consecutive years after release from custody (or from date of conviction if no custody was imposed) for felony convictions. The 5 years must be completely free from any felony, gross misdemeanor, or misdemeanor conviction. For nonfelony offenses, the waiting period is 3 years. A new conviction during the period resets the clock.

Where do I file the petition to restore gun rights in Washington?

File the Petition to Restore Firearm Rights (Form WS 900) in the superior court of the county where the conviction that took away your firearm rights occurred. The petition form is available from the Washington Courts website. A copy must be served on the county prosecuting attorney.

Does the court have discretion to deny my petition if I qualify?

No. Under RCW 9.41.041, the court must grant your petition if you meet all statutory requirements. The judge does not have discretion to deny a qualifying petition based on personal judgment about your character or risk level. This makes Washington's process more predictable than many other states.

What crimes permanently disqualify me from gun rights restoration in Washington?

Under RCW 9.41.041, you cannot petition for restoration if you were convicted of a felony sex offense, a Class A felony, or a felony offense with a maximum sentence of at least 20 years. Examples of Class A felonies include murder, manslaughter, kidnapping in the first degree, rape in the first degree, and robbery in the first degree. These prohibitions are permanent under Washington state law.

Does Washington restoration lift the federal firearms ban?

Potentially. Washington automatically restores voting rights upon release from custody and jury rights upon discharge. Combined with the court's firearms restoration order, this may satisfy the federal standard for lifting the 18 USC 922(g)(1) disability. However, federal courts conduct their own analysis, and the outcome is not guaranteed. Consult a federal firearms attorney before purchasing from a licensed dealer.

Do I need a lawyer to petition for gun rights restoration in Washington?

You are not legally required to hire an attorney, and the petition form (WS 900) is designed for self-represented petitioners. However, an attorney can help ensure your petition is complete, verify your eligibility, and represent you if a hearing is required. Many county superior courts also provide self-help resources.

What happens after the court restores my gun rights?

Once the court grants your petition, it issues a restoration order and notifies the Washington State Patrol within 3 days. The State Patrol updates its records. You should obtain certified copies of the court order for your personal records. When purchasing a firearm from a licensed dealer, the background check should reflect the restoration — but it is wise to carry a copy of the order as backup.