A misdemeanor may seem less serious than a felony. However, some misdemeanor convictions can still affect your right to own or possess a gun in Washington.
Whether you lose that right depends on the offense, when it happened and which laws apply. In some cases, you may also qualify to have your gun rights restored.
Which misdemeanors can affect your gun rights?
Not every misdemeanor conviction leads to a gun ban. However, Washington law limits gun ownership for people convicted of certain offenses.
For example, a domestic violence conviction involving fourth-degree assault may prevent someone from owning or possessing a gun.
For crimes committed on or after July 23, 2023, other offenses may also lead to a gun ban. These include:
- Stalking or harassment
- Cyberstalking or cyber harassment
- Certain crimes involving firearms
- Certain animal cruelty offenses
- Some repeat drunk driving offenses
- Violating certain protection orders can also affect your gun rights.
However, the rules depend on the offense and when it occurred. Federal law may also ban gun possession after certain domestic violence convictions, even if state law does not.
How can you restore your gun rights?
Losing your gun rights after a misdemeanor does not always mean losing them forever. Washington allows some people to ask a superior court to restore those rights.
Under Washington law, you must satisfy statutory prerequisites before petitioning a superior court to restore your firearm rights.
These may include:
Going five years without a new offense that would take away your gun rights for certain misdemeanors, including domestic violence offenses
- Going three years without such an offense for other qualifying misdemeanors
- Completing your sentence and any required treatment
- Having no criminal charges pending against you
- Meeting other rules related to your criminal record and court orders
- The waiting period generally covers the years just before you file your request.
However, restoring your rights under state law may not remove a federal gun ban. You must meet both state and federal rules before legally possessing a firearm.
How can you protect your gun rights?
Before buying or possessing a gun, check your criminal record to see whether any restrictions still apply. Even an old misdemeanor can affect your rights long after you finish your sentence.
An attorney can review your record and explain whether you qualify to restore your gun rights. They can also help you understand any federal restrictions that may still apply.