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Thread: Restoration of possession rights under under 9.41.040(4)a

  1. #1
    Regular Member 509rifas's Avatar
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    Restoration of possession rights under under 9.41.040(4)a

    I've seen a few threads on here about restoration of possession rights, but haven't found any specific forms, mostly links to lawyers who charge $1-2000 to do it. But under the law, it looks like you can just petition a court as long as the basic requirements have been met, but I can't find any forms on the WA court site. Does anyone have any forms, or any experience with this?
    (4)(a) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

    (i) Under RCW 9.41.047; and/or

    (ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or

    (B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.

    (b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at:

    (i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or

    (ii) The superior court in the county in which the petitioner resides.
    If i'm understanding it correctly, anyone who has done five years without a conviction can petition the court as long as they have been good?


    The case in particular is a guy who got convicted of cocaine possession when he was 18 and now he's 32 and doesn't exactly have the same criminal tendencies. He wants do stuff like hunting and other crazy things.
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  2. #2
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    Yes a person can file the petition themselves. I have done it myself and it was pretty easy. I found the forms on spokanecounty.org, but seeing as you are in yakima I don't think that helps you much. You should be able to go down to the courthouse and request the forms. Hopefully they have some kind of instruction packet to make it easier.

  3. #3
    Regular Member Lammo's Avatar
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    The Spokane courts website has the forms and you should be able to just change Spokane to Yakavegas (or whichever county your friend is in) and be ready to roll. This can definitely be done without a lawyer's help. We get pro se's all the time and routinely sign off so long as all to i's are crossed and the t's are dotted.

    Link directly to Spokane forms: http://www.spokanecounty.org/superio...1105#GunRights
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