i was 19 years old. had 1 beer. crashed a car and hurt a friend. was convicted of vehicular assault. can i own a firearm?
Criminal Defense Attorney
If you were convicted of a felony you cannot possess, buy, or own a gun under federal law regardless of what state your reside in.
My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.
Criminal Defense Attorney
There are certain exceptions to the federal rule banning gun possession for those convicted of felonies. One such exception allows a person's rights to be restored if the state they were convicted in has a process for restoring those rights.
Washington does allow for the restoration of gun possession rights in certain situations but the rules governing when and how a person can petition the court to have their rights restored is complicated and fact specific. An experienced criminal defense attorney will be able to review your criminal record with you and determine whether or not you are eligible to petition the court for restoration of your rights.
It is important to remember that even if a person qualifies under the statute (RCW 9.41.040), their right to possess a firearm will not be restored until the appropriate court grants the petition.
The information provided on this site is not legal advice, nor is it intended to be. Please consult an attorney to learn how the law applies to your specific situation. Providing legal information on this website does not create an attorney-client relationship. No confidential information about your case should be shared on this site or any other.
You may be eligible to have your firearm rights restored in Washington allowing you to purchase, own and possess a gun. In order to be eligible:
1. You may not have any criminal charges pending in the State of Washington or in any other state, or in any federal court.
2. You may not be subject to any court domestic violence restraining order, injunction or other order, either civil or criminal.
3. You may not have a conviction for any class A felony, or any felony having a maximum sentence of at least twenty (20) years. (Vehicular Assault is a Class B felony - so if that is your only conviction you should be ok.)
4. You may not have a conviction for any felony sex offense.
5. You must have spent a minimum period of consecutive years in the community without being convicted of any felony, gross misdemeanor or misdemeanor crimes. For eligible felonies the period is five (5) years and for non-felony crimes the period is three (3) years.
6. You must have successfully completed every term and condition of each conviction including paying all fines and assessments.
If you qualify and are interested in having your gun rights restored you should contact an attorney in Vancouver, like myself, which handle post-conviction relief cases. You could have your rights restored in as little as 2 weeks; however, please keep in mind just because you may be eligible to have your rights restored, doesn't mean you can purchase, own or possess a firearm. If you are caught in possession of a firearm prior to having your rights restored you can be charged with felon in possession of a gun, which is a class B felony.
Feel free to call or email if you have any further questions. I hope this helps answer your question.