5 Steps To Restore Your Gun Rights in Washington State
Your right to possess a gun in Washington State will be suspended if you have a conviction for a felony crime. A conviction for a misdemeanor involving domestic violence will also take away your right to possess a gun.The right to possess a gun, and the process for restoring the right to possess a gun, in Washington State is often misunderstood. In Washington State, a person’s civil rights are restored after all sentence conditions are satisfied and probation ends. For a felony conviction civil rights are restored when a document called a Certificate of Discharge is filed with the court. However, this does not restore the right to possess a gun or any type of firearm. The right to possess a firearm is separate, and must be specifically restored by a court.
Similarly, having a criminal conviction expunged does not restore the right to possess a gun. In fact, when a court expunges a criminal conviction the Order specifically states the right to possess a firearm is not restored.
In Washington State, there are 5 steps, or criteria, that must be satisfied to restore your right to possess a gun.
1.To be eligible to restore your right to possess a firearm, you cannot have any criminal charges pending against you. This means if you are currently charged with any crime in a court in Washington State, a federal court, or a court in any other state, you are ineligible to have your right to possess a gun restored.
2.The required amount of time has passed.Your right to possess a firearm can be restored in Washington State if at least five consecutive years have passed without being convicted of any crime. The five year period applies if the conviction that suspended your right to possess a firearm was a class B or class C felony. If you were convicted of a misdemeanor that suspended your right to possess a gun, then three years must pass before you can have your right restored.
3.You were not convicted of a crime that permanently prohibits you from possessing a firearm.
Convictions for certain crimes take away your right to possess a gun permanently. In Washington State, if you were convicted of a class A felony (most serious), you cannot have your firearm possession right restored. Additionally, if you were convicted of a crime in another state or in federal court that would constitute a class A felony in Washington State, or which has a maximum sentence of twenty years or longer, Washington State law does not permit your gun rights to be restored. The last category is sex crimes. If you have a conviction for an offense classified as a sex crime under Washington law, then a Washington State court will not restore your right to possess a gun or other firearm.
4.There is no court order currently in force that prohibits you from possessing a firearm.
Conviction of a crime is not the only means by which your right to possess a gun in Washington State can be taken away. Some criminal court orders, and certain civil court orders such as a domestic violence protection order, will prohibit possessing a gun.
5.You have never been involuntarily committed to a mental health facility for treatment.
If you were ever committed to a mental health facility without your consent, then you are not eligible to have your right to possess a firearm restored in Washington State.
As you can see, you can have your right to possess a gun restored in Washington State if you meet the criteria. In most cases, these 5 steps take only a few weeks to complete.
Criminal Defense Attorney
Have you been charged with DUI (driving under influence) or DWI (driving while intoxicated)? Although, there is little difference between the two, because both mean that you were driving you might have to spend some time in jail if the charge against you is proved. Another common occurrence nowadays is being charged with drug possession.Teenagers and adolescents are falling into this trap and are often found to carry drugs.It is stupid to even consider fighting a case without consulting a criminal defense attorney. Some people tend to think that hiring an attorney will just mean paying extravagant fees and wastage of time but it is nothing but a misconception.An experienced attorney can help to fight your case and get you cleared of the charge if you have been accused wrongly.
There are various types of crimes that fall under the criminal defense category, but the common ones are:
1. Drug trafficking – A person who is accused of peddling drugs and also supplying them to others.Shockingly around 17% of the teenagers in the US are involved in the racket.
2. Domestic Violence – The victim who has suffered abuse at the hands of his/her spouse or family members.The violence can be mental torture too.
3. Weapons trafficking – As is evident from the name, a person who has been convicted of selling and supplying weapons illegally.
4. Felony – Murder, rape, robbery, vandalism, and such serious crimes have been categorized under felony.These are crimes of serious nature and the punishment is also more than a DUI.
5. Assault – A person who has been charged with threatening to physically harm or injure another person.If the latter has been actually harmed, then the charge will be converted to battery.
If a friend or a family member has been arrested on such charges, you should immediately contact a criminal defense attorney (Suffolk County, NY) who can represent your case. You can go online and start searching for law firms in your area.You are sure to come across several names, but don't just approach a random one without making sure if it is actually any good or not.Always call and meet with the attorney in person so that you can be sure of the fact that hiring him is the best decision and if he is qualified enough to handle your case or not.You will not regret your decision for sure!
Find an Experienced Criminal Attorney
Have you (or anyone in your family) been charged with a criminal offense recently? Then you should start looking for a reputable criminal attorney immediately to represent the convicted person in court. Criminal cases filed against an individual by the state are usually represented by highly experienced prosecutors. As such, winning the case, or even fighting it in the court of law would be very difficult without experienced criminal lawyers to defend your arguments.Thankfully, reputable legal professionals are not that difficult to find, if you know how to search for them. Here are some pointers to help with the task:
1. Ask friends and colleagues: These people can be your best sources of information when it comes to finding reputable attorneys, especially if they have been involved in any such case. Ask them about the professional who represented them, and whether his (or her) performances were satisfactory.
2. Alternatively, contact local chapter of ABA: The local chapter of American Bar Association (ABA) can be another excellent source of information about attorneys practicing in your neighborhood, or nearby. They can also inform you about the reputation of a particular attorney, and whether he (or she) has ever been suspected or convicted for indulging in unfair business practices.
3. Call up the attorney: Once you have found a professional who, you think, could represent you (or the accused person), call him (or her) up to set up an appointment. This will be the initial consultation, and should not cost you anything.
4. Discuss the attorney's experience: No matter what you have found out about the professional from ABA, always ask him (or her) directly about this. Also, verify whether he (or she) has any experience of handling cases similar to yours.
5. Ask whether the attorney usually goes to trial: This is very important, as it would ensure you get a fair trial. Out of court settlements may not always be enough to prove your innocence. Of course, if the attorney believes that there is a chance you may lose the case, then he (or she) may suggest that you go for an out of court settlement if possible.
However, before anything else, you need to find the best criminal attorney. Harris County is home to some of the best attorneys in the US.
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