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Washington Firearm Rights Restoration

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Washington
In Washington, a felony conviction triggers a firearm-possession prohibition under RCW 9.41.040. Restoration is not automatic when your sentence ends—you must petition the superior court under RCW 9.41.041. The process is technical, with strict eligibility rules and procedural deadlines, but for many Washington residents it is the surest path back to legally owning a firearm.

Pathways to Restoration

Superior Court Petition – RCW 9.41.041

The primary pathway. A petitioner files in a superior court of a county that entered the prohibition, serves the prosecuting attorney, and asks the court to restore firearm rights. The court must grant the petition only if the petitioner meets every statutory requirement.

Five-Year Conviction-Free Waiting Period

For felony-based prohibitions, the petitioner must have spent the five consecutive years immediately before filing in the community without any new firearm-prohibiting conviction (RCW 9.41.041(2)(a)(i)). The Legislature amended this after State v. Dennis to require the years be the five immediately preceding the petition.

Complete All Sentencing Conditions

Every sentencing condition tied to the disqualifying conviction must be complete, including any court-ordered treatment. Nonrestitution fines and fees are excluded from this requirement (RCW 9.41.041(2)(b)(ii)).
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Washington Firearm Rights Restoration
Important Limitations

Important Limitations

Convictions That Cannot Be Restored

Washington bars restoration under RCW 9.41.041(1) for any felony sex offense, any Class A felony, or any felony with a maximum sentence of at least 20 years. If your underlying conviction falls into one of these categories, the state-court petition pathway is not available.

No Pending Criminal Charges

At the time the petition is filed and throughout the proceeding, the petitioner must have no pending felony, gross misdemeanor, or misdemeanor charges (RCW 9.41.041(2)(b)(i)). A new charge mid-process can halt the petition.

Prior-Conviction and Out-of-State Screening

The petitioner cannot have any prior felony that would count toward an offender score under RCW 9.94A.525, and cannot have an out-of-state conviction that would itself bar firearm possession in the state of conviction (RCW 9.41.041(2)(b)(iii)). The prosecuting attorney makes this determination.

Background-Check Eligibility

Law enforcement must confirm, based on available records, that no other firearm prohibition applies and that the petitioner could pass a background check if rights were restored (RCW 9.41.041(2)(b)(iv)).
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Key Takeaways

Step 1: Confirm the disqualifying conviction is not a sex offense, Class A felony, or 20-year-maximum felony.

Step 2: Verify five consecutive conviction-free years in the community immediately before filing.

Step 3: Complete every sentencing condition (treatment, restitution); confirm no pending charges and no disqualifying prior or out-of-state convictions.

Step 4: File the petition in a superior court of a county that entered the prohibition and serve the prosecuting attorney. If the court grants restoration, it must notify the Washington State Patrol within three judicial days (RCW 9.41.041(4)).

Washington superior court firearm rights petition

Check Your Eligibility

At Armed Again, powered by The Law Offices of Barton Morris, we help Washington residents work through the RCW 9.41.041 petition process from the first eligibility review to filing in superior court and serving the prosecuting attorney. Our team makes sure no statutory step is overlooked.

Contact us today to learn how to restore your firearm rights in Washington.