How to Restore Firearms Rights in Washington State

To restore firearms rights in Washington state, you file a petition under RCW 9.41.041 in the superior court of the county where the prohibiting conviction occurred, after going three or five consecutive years (depending on the offense) without any new prohibiting conviction and after finishing every condition of your sentence. If a judge signs the order, your right to possess firearms under state law returns. Federal prohibitions are a separate problem the state court cannot fix.

Who Can Petition

Washington sets two waiting periods, and which one applies depends on what you were convicted of.

The five-year track covers any felony conviction and a specific list of misdemeanors and gross misdemeanors: domestic violence offenses, stalking, cyberstalking, harassment, aiming or discharging a firearm, unlawful carrying of a firearm, certain animal cruelty offenses, DUI prior offenses, and violating a protection order or extreme risk protection order.¹

The three-year track covers all other nonfelony convictions that caused a firearms prohibition but are not on that list.¹ Many people assume five years across the board and wait longer than they need to.

The clean years have to run right up to the day you file. An older clean stretch somewhere in your past does not count if a newer prohibiting conviction sits between it and the petition.²

Convictions That Can Never Be Restored

Some convictions permanently close the state-court door. You cannot petition if you were convicted, or found not guilty by reason of insanity, of any Class A felony, any felony sex offense, or any felony with a maximum sentence of twenty years or more.¹ A governor’s or presidential pardon is the only remaining route for someone in this category.

Conditions You Must Also Meet

Waiting out the years is only part of it. When you file, all of the following must be true:

No criminal charges are pending against you in any state or federal court, including gross misdemeanors and misdemeanors.
Every condition of your sentence for each disqualifying conviction is complete: incarceration, community custody, court-ordered treatment, and restitution. Nonrestitution fines and fees are the one exception and do not have to be paid off first.
You have no prior felony convictions that would count toward an offender score under Washington’s sentencing guidelines, and no out-of-state conviction for an offense that would prohibit firearm possession in the state where it happened.

The court can waive the sentence-completion proof if the sentencing court verifies its records were destroyed, or if you attest that records held by other agencies are no longer available.¹

Preparing the Petition

Gather the details of every conviction that caused a firearms prohibition: the exact offense name, the court, the case number, and the date. You need all of it to complete the form.

The form is the “Petition to Restore Firearm Rights,” WS 900, downloadable from the Washington Courts website. The matching order form is WS 901, on the same page.³ Some counties add local requirements, so call the superior court clerk in the county where you plan to file before you submit anything.

Two documents must be attached:

A current criminal history report from the Washington State Patrol’s WATCH system. The online request costs $11 and returns results immediately.⁴
Proof you completed your sentence — a Certificate of Discharge from the Department of Corrections, a copy of the judgment and sentence, or other court records showing every condition was met. If records have been destroyed, you can attest to that in the petition itself.⁵

Superior court filing fees vary by county. If you cannot afford yours, ask the court for a fee waiver when you file.

Filing, Service, and the Hearing

File in the superior court of the county where the prohibiting conviction was entered. After filing, serve a copy on that county’s prosecuting attorney’s office and file proof of service with the court.⁵ The prosecutor will pull your criminal history, confirm you meet the statutory criteria, and notify any registered victims from the underlying case.

A hearing follows. The judge reviews the petition, the prosecutor’s response, and any objection. If the criteria are met and no valid objection derails it, the judge signs the Order Restoring Firearms Rights (WS 901). Ask the clerk for several certified copies. You will need one when buying a firearm through a dealer, and copies are useful for any later interaction with law enforcement over your status.

What a State Order Does Not Fix

A Washington restoration order restores your rights under Washington law. It does not do three things people often assume it does.

It does not lift federal prohibitions. If 18 U.S.C. § 922(g) reaches you for any reason — a felony punishable by more than a year, a qualifying misdemeanor crime of domestic violence, an involuntary mental health commitment, or another federal category — the state order leaves that federal bar in place.⁶ The petition form itself warns that a Washington restoration “is not a defense to any federal prosecution.”⁵

The domestic violence issue deserves its own note. Under 18 U.S.C. § 921(a)(33), a misdemeanor crime of domestic violence triggers a federal lifetime firearms ban if the offense has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former spouse, co-parent, cohabitant, or dating partner. Federal law contains an exception where a person’s civil rights have been restored, unless the restoration expressly bars firearms.⁷ Whether Washington’s process qualifies as a “restoration of civil rights” for this exception is unsettled, because a Washington misdemeanor does not strip civil rights like voting or jury service in the first place. If your prohibition comes from a domestic violence misdemeanor, treat the federal question as open and talk to an attorney before you touch a firearm.

It does not apply outside Washington. Other states can and do treat you as prohibited even after a Washington court signs the order.⁵

It does not grant a concealed pistol license. Under RCW 9.41.070, someone with a felony conviction generally cannot obtain a CPL unless they qualify under specific federal relief provisions or a narrow state exception. A standard restoration order, by itself, does not clear the way to a CPL after a felony.⁸

And if your firearms bar comes from a federal conviction rather than a state one, Washington’s process does not reach it. Federal law technically allows an application to the ATF for relief under 18 U.S.C. § 925(c), but Congress has not funded that program for individual applicants in decades; only corporations can apply.⁹ A presidential pardon is the realistic path for a federal conviction.

A Different Track: Involuntary Commitment or Insanity Finding

If you lost firearms rights because of an involuntary commitment, a detention for mental health evaluation, or a finding of not guilty by reason of insanity, the conviction-based process above does not apply. RCW 9.41.047 controls instead.

Someone who was involuntarily committed can petition the superior court upon discharge. Someone found not guilty by reason of insanity must wait at least one year after discharge. File in the court that ordered the commitment or dismissed charges for incompetency, or in the superior court of the county where you live.¹⁰

Unlike the conviction pathway, this one puts the burden on you. By a preponderance of the evidence, you must show:

You are no longer required to participate in court-ordered treatment.
You have successfully managed the condition related to the commitment.
You no longer present a substantial danger to yourself or the public.
The symptoms that led to the commitment are not reasonably likely to recur.
There is no active extreme risk protection order or weapons surrender order against you.

If the record shows a history of violence, the burden rises to clear, cogent, and convincing evidence that you do not present a substantial danger.¹⁰

Before You Take Possession

The gap between state and federal law is where people get caught. A signed Washington order, a firearm bought the next day from a private seller, and a federal prohibition still on the books add up to a federal felony. If anything in your history could trigger a federal bar — a felony punishable by more than a year, a domestic violence misdemeanor, an involuntary commitment, or a federal conviction — get a clear legal opinion tied to your specific record before you take possession of a firearm.

1
Washington State Legislature. RCW 9.41.041 Unlawful Possession of Firearms – Restoration of Right to Possess
2
Washington State Legislature. Revised Code of Washington 9.41.040 – Unlawful Possession of Firearms – Penalties
3
Washington State Courts. Court Forms – Firearms Rights
4
Washington State Patrol. Criminal History
5
Washington State Courts. Petition to Restore Firearm Rights
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Office of the Law Revision Counsel. 18 USC 921 – Definitions
8
Washington State Legislature. RCW 9.41.070 Concealed Pistol License – Application – Fee
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges
10
Washington State Legislature. RCW 9.41.047 Persons Found Not Guilty by Reason of Insanity and Persons Who Have Been Involuntarily Committed – Restoration of Right to Possess Firearms