I receive frequent calls from people wanting to restore their firearm rights who are surprised to learn that a necessary step includes a separate motion to vacate the underlying conviction that caused the firearm rights loss.
Under Washington law it may be possible to restore your state gun rights, and yet still be denied gun purchase or concealed carry permit by a federal background check if you do not vacate the conviction that caused the firearms bar.
To determine eligibility for vacating the conviction look at RCW 9.94A.640, then check the disqualifying offense lists in RCW 9.94A.030 (55) and RCW 43.43.830 (7). There you can see that sometimes the underlying conviction cannot be vacated, for example, an Assault in the Second Degree conviction.
You may still petition the court to restore your firearms rights under Washington law even if you cannot vacate the underlying conviction. But remember that you may be vulnerable to federal firearms violations and criminal penalties and that you will find it difficult to exercise your state rights.
I have included a PDF copy of the current order in Pierce County that includes warnings about the limits of the order.
Restore Your Gun Rights Now
Remember that the state and federal law enforcement agencies must receive the court orders that vacate the conviction and restore gun rights. Call James Feldman Law today at (253) 759-4555 to restore your 2nd Amendment rights to bear and keep firearms.
Last Modified: March 22, 2021