Top 10 Myths of Gun Restoration

Scott Moriarity

Nothing causes more confusion or has more myths connected with it than Restoring Gun Rights. There are two primary reasons for this. First, the law regarding gun possession is always changing. Second, the statute that deals with gun restoration is extremely poorly written. It is so confusing that most attorneys and judges don’t understand it. Below are the top 10 myths about gun restoration.

Myth 1: My case was dismissed, so I don’t need my gun rights restored. If your charge was dismissed following a term of probation or supervision, then that counts as a “conviction” for gun right purposes. Therefore, to legally possess a firearm, you must have your rights restored.

Myth 2: The charge is still on my record so I can’t get my gun rights restored. Under Washington State law, your conviction does not need to be off your record to have your gun rights restored.

Myth 3: I’ve purchased a firearm since my conviction or I have a concealed weapons permit, so I don’t need my firearm rights restored. In the last few years, the government has begun to make it harder and harder to legally possess a firearm. A charge that once was not a problem will now prevent you from legally possessing a firearm.

Myth 4: I still owe the court money, so I can’t get my firearm rights restored. Paying off your fines to the court is not a requirement for restoring your gun rights.

Myth 5: I was convicted as a Juvenile or my charge was a misdemeanor, so I don’t need to get my firearm rights restored. A Juvenile conviction has the same consequences for firearms restoration as an adult conviction. Additionally, misdemeanor domestic violence convictions will prevent you from legally possessing a firearm.

Myth 6: I have new charges, but they are traffic related and have nothing to do with guns or violence, so I can get my firearms rights restored. Any new criminal charge, including driving while license suspended, will prevent you from legally possessing a firearm.

Myth 7: Nobody told me my firearm rights were being taken from me, so I shouldn’t have to have them restored. Unfortunately, under Washington law, it doesn’t matter if you are informed that your firearms rights are restored. You are either eligible or you are not.

Myth 8: I have to wait a certain amount of years since I completed my sentence to have my gun rights restored. For Felony conviction, you don’t have to complete all the terms of your sentence to have your gun rights restored. You have to be “in the community” for five years before your rights can be restore.

Myth 9: I got a Certificate and Order of Discharge, which says my civil rights are restored so I don’t need to have my gun rights restored. A Certificate and Order of Discharge does not restore your rights to possess a firearm. Your rights to possess a firearm can only be restored by an Order from a Washington State Superior Court.

Myth 10: My conviction is for a Domestic Violence (D.V.) charge so I can’t get my gun rights restored. Domestic Violence convictions will take away your gun rights, but if you remain crime free, your firearms rights can be restored.

Many attorneys and judges believe these myths are true. If you want your gun rights restored, you need an attorney that knows what he is doing and does this work everyday. I can help you cut through all the legal red tape and get your gun rights back. If you would like me to help you, give me a call.