Gun Right Restoration

Firearm Rights and Restoration of Gun Rights

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Constitution of the United States of America, Amendment II (1791)

The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Constitution of the State of Washington, Article I, Section 24 (1889)

From Colonial times, Americans have nurtured an enduring belief in private ownership of firearms and the safe, lawful use of guns for hunting, sport, and self-defense.   The Law Office of Erin Bradley McAleer understands and respect the rich tradition of American arms.  We also understand that gun owners often must defend the tradition, and themselves, against enemies of the right to keep and bear arms.  We are ready to assist in all areas related to gun rights.The Law Office of Erin Bradley McAleer defends citizen’s constitutional right to bear arms, and aggressively seeks the restoration of our clients constitutional rights to bear arms.

Causes of Firearm or Gun Rights Revocation

The Law Office of Erin Bradley McAleer can help you if you have a criminal record in any state that has caused your right to possess a gun to be suspended or revoked. There are a variety of circumstances that cause the right to possess a firearm in Washington State to be suspended or revoked.Generally, being convicted of a felony crime or a misdemeanor crime involving domestic violence causes the right to possess a firearm to be revoked in Washington State.

The right to possess a firearm can also be suspended or revoked in Washington State when a person is involuntarily committed to a psychiatric institution, or when a no-contact order or protection order is entered by a court.  This depends on whether part of the order includes language indicating the right to possess a handgun or other firearm has been suspended or revoked.

When the right to possess a firearm in Washington State has been revoked or suspended, it remains revoked or suspended until a court of competent jurisdiction restores it.  The right to possess a handgun or other firearm is not restored simply by passage of time or completion of a sentence.  Possessing a handgun or other firearm in Washington State while the right to possess a firearm is suspended or revoked can result in being charged with a felony called unlawful possession of a firearm.

Eligibility for Restoring Gun Rights and Possessing a Firearm in Washington

The criteria to restore the right to possess a firearm in Washington State depends on whether the criminal conviction that suspended or revoked the right was a felony or misdemeanor.For a felony conviction, the following criteria must be satisfied to restore the right to possess a firearm:

Prior Felony Convictions

*  For a class B or class C felony, a person must have five years or more in the community without committing a crime.

*  The conviction is not a class A felony or a sex offense.  The right to possess a firearm cannot be restored in Washington State if the conviction is for a class A felony or a sex offense unless you have received a pardon, or certificate of rehabilitation.

*  No criminal charges are currently pending in any federal or state court.  The right to possess a firearm cannot be restored while a new criminal charge is pending.

*  There are no prior felony conviction that prohibits possession of a firearm.  The right to possess a firearm in the prior felony would need to be restored first.

*  There is no civil or criminal court order that prohibits possession of a firearm.

*  The person has not been involuntarily committed for mental health treatment.

Prior Disqualifying Misdemeanor Convictions

*  For a misdemeanor conviction, the following criteria must be satisfied to restore the right to possess a firearm in Washington State:

*  The person has more than three years in the community without being convicted of a crime.

*  No criminal charges are pending against the person in any federal or state court.

*  There is no prior felony conviction that prohibits possession of a firearm.

*  The person has completed all sentence conditions, including monetary obligations.

*  No civil or criminal court order prohibits the person from possessing a firearm.

*  The person has not been involuntarily committed for mental health treatment.

Prior Mix of Felony and Disqualifying Misdemeanor Convictions

If you have a mix of disqualifying felony and misdemeanor convictions we may still be able to help. Often our clients are surprised to learn that we may be able to clean up a criminal history which would ordinarily prohibit you from having your gun rights restored to make you eligible to restore your gun rights.  For more information please give us a call at (360) 334-6277.

We Restore Gun Rights State Wide – Fast!

It doesn’t matter if you live in Spokane, Walla Walla, Seattle, Vancouver, Seattle, Kent, Yakima, or any other city in Washington. We can restore your gun rights and we do so quickly – often in as little as 2-3 weeks with no court appearances.  In most cases we can have your petition and supporting documentation filed with the court within 24 hours of hiring us. We immediately serve the prosecuting attorney’s office and schedule the next available court date. Upon having your rights restored we take the extra step of personally notifying the Washington State Patrol and the FBI that your rights have been restored and we provide you a certified copy of the order restoring your gun rights.

If your right to possess a firearm in Washington State has been suspended or revoked, and you believe you might satisfy the criteria to have it restored give me a call at (360) 334-6277 to schedule a free in-person, or telephone consultation. 

Free Consultation

The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule a free, confidential consultation.

Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration state-wide, and Post-Conviction Relief (Vacating & Sealing Criminal Records).

 

 

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