In Washington, a person with a felony conviction cannot legally own or possess a firearm, but the ban isn’t always permanent. Whether a felon can own a gun in Washington State depends on the type of conviction: people convicted of non-serious felonies can petition a superior court to restore their firearm rights after five conviction-free years, while those convicted of Class A felonies or statutory “serious offenses” are permanently barred unless the governor issues a pardon. Even a successful state restoration doesn’t automatically clear the separate federal prohibition.
What the Washington Ban Actually Covers
Under RCW 9.41.040, anyone previously convicted of a felony in Washington or any other state is barred from owning, having custody or control of, or receiving any firearm. The prohibition covers every firearm type, and “possession” reaches further than most people expect. A gun stored in your home, your vehicle, or anywhere else you can readily access counts as possession even if it isn’t on your person.
The ban also reaches certain misdemeanor and gross misdemeanor convictions, especially domestic-violence-related ones. Fourth-degree assault, coercion, stalking, reckless endangerment, harassment, and violations of protection orders can all trigger the prohibition when committed against a family member, household member, or intimate partner.1Washington State Legislature. Washington Code 9.41.040 – Unlawful Possession of Firearms – Penalties You don’t need a felony record to lose your gun rights in Washington.
Who Can Get Their Gun Rights Back
Washington splits felony convictions into two categories, and the category decides everything.
People convicted of Class A felonies or offenses that qualify as “serious offenses” under RCW 9.41.010 face a permanent firearm ban. The only path back is a governor’s pardon accompanied by a finding of rehabilitation.2Office of the Attorney General. AGO 2002 No. 4 – When Convicted Persons Are Entitled to Restoration of Firearm Possession Rights That outcome is rare.
“Serious offense” is defined broadly. It includes any crime of violence, Class B felony drug violations or drug offenses carrying a maximum sentence of at least ten years, several sex offenses (second-degree child molestation, incest involving a child under 14, indecent liberties, third-degree rape, sexual exploitation), drive-by shooting, vehicular assault or vehicular homicide caused by impaired or reckless driving, any other Class B felony with a finding of sexual motivation, and any felony with a deadly weapon finding. Comparable out-of-state and federal convictions count too.3Washington State Legislature. Washington Code 9.41.010 – Definitions
For felonies that don’t fall into that list, restoration is available through the courts after a five-year waiting period. Those five consecutive years must be free of any new criminal convictions, and the clock runs from the date you completed every condition of your sentence — prison time, community custody, and full payment of all legal financial obligations. The five years also have to be the five immediately before you file. A clean stretch earlier in your history doesn’t count if you picked up a new charge afterward.4Washington State Legislature. Washington Code 9.41.040 – Unlawful Possession of Firearms – Penalties
How to File a Restoration Petition
The petition is filed in the superior court of the county that entered the firearm prohibition. Some counties also allow filing where you currently reside.5Cowlitz County Clerk’s Office. Petition to Restore Right to Possess Firearms Procedural Checklist The standardized form, “Petition to Restore Firearm Rights,” is on the Washington Courts website.6Washington Courts. Petition to Restore Firearm Rights
You’ll need your complete criminal history identifying the conviction that triggered the prohibition, along with documentation showing when all sentencing conditions were satisfied. Criminal history records can be obtained through the Washington State Patrol.
After filing, serve a copy of the petition and hearing notice on the county prosecuting attorney’s office. Build in at least two weeks between service and the hearing date.5Cowlitz County Clerk’s Office. Petition to Restore Right to Possess Firearms Procedural Checklist At the hearing, the judge reviews the petition and criminal history to confirm the statutory requirements are met. The prosecutor can object, and a judge will deny the petition if eligibility isn’t established.
The Federal Prohibition Still Applies
This is the part people miss. Even after a Washington court restores your state firearm rights, federal law has its own independent ban. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is barred from possessing any firearm or ammunition.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Nearly every Washington felony crosses that threshold.
There is an exception. Under 18 U.S.C. § 921(a)(20), a state conviction doesn’t count as a federal firearm disability if the person has been pardoned or has had civil rights restored under state law, unless the restoration expressly says the person may not possess firearms.8Office of the Law Revision Counsel. 18 USC 921 – Definitions A Washington court order restoring firearm rights generally should satisfy this exception because it specifically authorizes firearm possession. The interaction gets more complicated for federal convictions or out-of-state convictions.
If your conviction was in federal court, Washington’s restoration process doesn’t help at all. The Department of Justice is developing an application process for relief from federal firearm disabilities under 18 U.S.C. § 925(c), but as of mid-2025 the system isn’t operational.9U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 U.S. Code 925(c) A presidential pardon remains the established route for federal firearm rights.
Restoration Doesn’t Mean a Concealed Pistol License
A court order restoring your right to possess a firearm doesn’t give you a concealed pistol license and doesn’t guarantee you’ll qualify for one. The petition form itself carries that warning.6Washington Courts. Petition to Restore Firearm Rights A CPL requires a separate application, and the issuing authority runs both state and federal background checks. If you remain federally prohibited, you’ll be denied regardless of what the state order says.
Penalties for Possessing a Gun While Prohibited
Possessing a firearm while prohibited is a standalone felony, and the charge level tracks the underlying conviction:
- Unlawful possession in the first degree applies if the prior conviction was a “serious offense.” It’s a Class B felony carrying up to ten years in prison and a fine of up to $20,000.1Washington State Legislature. Washington Code 9.41.040 – Unlawful Possession of Firearms – Penalties10Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984
- Unlawful possession in the second degree applies if the prior was any other felony or a qualifying misdemeanor. It’s a Class C felony punishable by up to five years in prison and a fine of up to $10,000.1Washington State Legislature. Washington Code 9.41.040 – Unlawful Possession of Firearms – Penalties10Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984
A new charge adds another felony to your record, which resets any waiting period for future restoration and may permanently disqualify you depending on the circumstances. Possessing a firearm as a prohibited person can also trigger federal prosecution under 18 U.S.C. § 922(g).7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Federal and state prosecutors can charge independently for the same conduct, so one incident can produce two cases.