AN ACT Relating to restoration of the right to possess a firearm;
Bill Description
Concerning restoration of the right to possess a firearm.
What this bill does Powered by Legitron
This bill amends RCW 9.41.041 to change who may petition a superior court to restore the right to possess firearms and to add new filing requirements and procedures. It bars people who are prohibited under RCW 9.41.040 from seeking restoration if they were convicted of, or found not guilty by reason of insanity for, a felony sex offense, a class A felony, or any felony with a maximum sentence of at least 20 years (with specified exceptions for certain drug offenses). It also establishes waiting periods before a petition can be filed: five years for felony convictions and a list of specified gross misdemeanors/misdemeanors, and three years for other nonfelony crimes. Petitioners must have no pending charges, must have completed all sentencing conditions except nonrestitution fines and fees (with a limited waiver if records are unavailable), must have no prior felony convictions that would count in offender scoring, and must not have out-of-state convictions that would bar firearm possession in that state (with the prosecuting attorney responsible for those determinations).
The amendment sets procedural steps: where to file, service on the county prosecuting attorney, required prosecuting attorney verification to the court including a Washington State Patrol records check, victim notification steps, and a court hearing if needed. The court may grant restoration only if statutory requirements are met, and must send notice to the Washington State Patrol within three judicial days after granting restoration with identifying information. The Administrative Office of the Courts must create standard petition and order forms by December 30, 2023, and courts must use them beginning January 1, 2024. The bill also provides civil immunity for public officials, employees, and agencies acting in good faith under this section.
The text references and depends on other statutes (for example RCW 9.41.040 and RCW 9.41.047) and does not include their full language here. Some specific offense citations in the five-year category, the precise procedures for victim notification, and the full scope and mechanics of the Washington State Patrol records check are not fully described in the provided text.
Why it matters Powered by Legitron
If enacted, people convicted of very serious felonies (felony sex offenses, class A felonies, or felonies carrying a 20‑year or longer maximum sentence, with certain drug exceptions) will be effectively barred from ever petitioning to restore the right to possess firearms, while other people with past convictions will face set waiting periods (generally five years for felonies and specific violent or protective-order–related offenses, three years for some other nonfelonies), must have completed court‑ordered sentences and have no pending charges before filing, and will undergo reviews by prosecutors and law enforcement including Washington State Patrol records checks before a court can restore firearm rights. Courts must use standardized forms starting January 1, 2024, and if a restoration is granted the court must notify the State Patrol within three judicial days; victims and people with protection orders can be notified and given a chance to submit statements.
The main practical impacts fall on superior courts, prosecutors, and the Washington State Patrol, which will need to run broader records checks, verify out‑of‑state convictions, process victim notifications, and handle more paperwork and potential hearings, creating added administrative work and modest timing or staffing costs; the Administrative Office of the Courts must prepare forms by the end of 2023. Petitioners will have clearer but stricter timelines and documentation requirements, and victims gain formal notice opportunities; officials acting in good faith are given civil immunity. Important details are missing here — the full lists of referenced offenses, exact victim‑notification procedures, and the precise scope of the WSP records review are not included in these extracts, so some operational practices would remain uncertain.