If you are convicted of a felony, or certain misdemeanors, you lose some basic rights such as the right to vote and the right to possess a firearm. After you’ve lost these rights, you can be convicted of being a felon in possession of a firearm even if it is merely in the car you are driving or the home you are renting or occupying. The gun does not have to belong to you and, if you are convicted of the possession crime, the standard sentence could involve prison with the possibility of up to a 10 year prison term. You can trust the gun rights attorneys at Durflinger Oliver & Associates to help restore your right to possess firearms.
Criminal convictions that result in the loss of the right to possess a gun.
There are several situations that result in people losing their Second Amendment right to own or possess a gun. They include:
- A person convicted of any felony conviction.
- A misdemeanor conviction involving domestic violence.
- People who have been involuntarily committed for mental health treatment.
- People who have been found not guilty of a crime due to insanity.
- People who have a restraining order against them.
Restoration of rights
If your felony conviction was for a Washington crime, your voting rights are provisionally restored when the Department of Corrections has released its authority over you. If your conviction was for a federal felony or a felony in another state, your voting rights are restored when you are released from custody.
Restoration of right to own a firearm after a felony or misdemeanor conviction
The right to own a firearm is never automatically restored just because a person completes their criminal sentence. There are steps that must be taken and a petition must be filed with the court where the conviction occurred. The following criteria must be met.
- A petition for restoration of gun rights after a felony cannot be made until five years after the completion of the sentence and certain types of felonies may require a 10 year waiting period.
- A petition for restoration of gun rights after a misdemeanor conviction cannot be made until three years after the completion of the sentence.
- Whether the conviction was for a felony or misdemeanor, you must meet all terms of the sentence, including payment of any fines and restitution, by the time you file your petition.
- During the time between the completion of the sentence and the time a petition is filed, you have had no criminal charges brought against you.
- Your conviction was not for a crime of violence or a sex crime.
- You were never under a mental health hold.
Puget Sound restoration of rights lawyers can help
Preparing and filing the petition in the proper court and being certain the proper entities are served can be complicated. Durflinger Oliver & Associates, Puget Sound restoration of rights lawyers serving all of Western Washington can help. They have the experience and knowledge you need in your corner in convincing the court to order your rights restored. Call today for your free consultation.