Firearm rights restoration

AN ACT Relating to restoration of the right to possess a firearm; 1
and amending RCW 9.41.041. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 9.41.041 and 2023 c 295 s 4 are each amended to read 4
as follows: 5
(1) A person who is prohibited from possession of a firearm under 6
RCW 9.41.040 may not petition a court to have the person's right to 7
possess a firearm restored if the person has been convicted or found 8
not guilty by reason of insanity of: A felony sex offense; a class A 9
felony; or a felony offense with a maximum sentence of at least 20 10
years, other than sentences under RCW 69.50.408 or 69.50.435.11
(2) A person who is prohibited from possession of a firearm under 12
RCW 9.41.040, and is not disqualified from petitioning for 13
restoration of firearm rights under subsection (1) of this section or 14
required to petition as provided for in RCW 9.41.047, may petition a 15
superior court to have the person's right to possess a firearm 16
restored. 17
(a) The person must have, for the period of consecutive years as 18
specified below immediately preceding the filing of the petition, 19
been in the community without being convicted or found not guilty by 20
H-0093.1
HOUSE BILL 1118
State of Washington 69th Legislature 2025 Regular Session
By Representatives Simmons, McEntire, Leavitt, and Walsh
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1118
reason of insanity of any crime that prohibits the possession of a 1
firearm, as follows: 2
(i) Five years for a conviction or finding of not guilty by 3
reason of insanity for any felony offense, or any of the following 4
gross misdemeanor or misdemeanor offenses: 5
(A) Domestic violence (RCW 10.99.020); 6
(B) Stalking; 7
(C) Cyberstalking; 8
(D) Cyber harassment, excluding cyber harassment committed solely 9
pursuant to the element set forth in RCW 9A.90.120(1)(a)(i);10
(E) Harassment; 11
(F) Aiming or discharging a firearm (RCW 9.41.230);12
(G) Unlawful carrying or handling of a firearm (RCW 9.41.270);13
(H) Animal cruelty in the second degree committed under RCW 14
16.52.207(1); 15
(I) Prior offense as defined by RCW 46.61.5055; or16
(J) Violation of the provisions of an order to surrender and 17
prohibit weapons, an extreme risk protection order, or the provisions 18
of a protection order or no-contact order restraining the person or 19
excluding the person from a residence; and 20
(ii) Three years for a conviction or finding of not guilty by 21
reason of insanity for one or more nonfelony crimes not covered in 22
(a)(i) of this subsection. 23
(b) The person petitioning for firearm rights to be restored must 24
also meet the following requirements: 25
(i) Has no pending charges for any felony, gross misdemeanor, or 26
misdemeanor crime at the time the petition is filed or during the 27
petition process; 28
(ii) Has completed all sentencing conditions, other than 29
nonrestitution fines and fees, for each felony, gross misdemeanor, or 30
misdemeanor conviction on which the prohibition was based, including 31
all court-ordered treatment. The court shall waive the requirement of 32
this subsection (2)(b)(ii) if the petitioner provides verification 33
from the sentencing court that relevant court records are no longer 34
available, or attests to the unavailability of relevant records from 35
other entities; 36
(iii) Has no prior felony convictions that would count as part of 37
an offender score under RCW 9.94A.525 and has no out-of-state 38
conviction for an offense which would disqualify the person from 39
purchasing or possessing a firearm in the state of conviction. This 40
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determination shall be the responsibility of, and conducted by, the 1
prosecuting attorney. An individual shall not be precluded from 2
filing a petition to restore their firearm rights on the basis that 3
they cannot verify whether they are disqualified from purchasing or 4
possessing a firearm in the state of conviction; and5
(iv) Has been determined by law enforcement based on available 6
records and information as not subject to any other prohibition on 7
possessing a firearm at the time the petition for the restoration of 8
firearm rights is filed or during the petition process, and would be 9
able to pass a background check to purchase a firearm if the petition 10
to restore firearm rights is granted. 11
(3) The process for petitioning for restoration of firearm rights 12
is as follows: 13
(a) The person must file a petition in a superior court in ((a)):14
(i) Any county that entered ((any)) a prohibition;15
(ii) If the prohibiting conviction did not occur in Washington 16
state, the county of the person's residence; or17
(iii) If the person is not a resident of Washington state, 18
Thurston county. 19
(b) At the time of filing the petition, the person must serve the 20
prosecuting attorney in the county where the petition is filed with 21
the petition. 22
(c) Upon receipt of service of the petition, the prosecuting 23
attorney must take reasonable steps to notify the listed victim of a 24
prohibiting crime and any person who previously obtained a full 25
protection order or no-contact order against the person petitioning 26
for restoration of firearm rights, if those persons have requested 27
notification, of the procedure to provide a sworn written statement 28
regarding the existence of any additional facts or information that 29
they may have relevant to whether the person petitioning for 30
restoration of firearm rights meets the requirements for restoration 31
set forth in this section. 32
(d) The prosecuting attorney must verify in writing to the court 33
that the prosecuting attorney has reviewed the relevant records, 34
including written verification from Washington state patrol that 35
Washington state patrol has conducted a records check of all civil 36
and criminal records relevant to the prohibitors in RCW 9.41.040, and 37
based on that information, whether there is sufficient evidence to 38
determine that the person petitioning for restoration of firearm 39
rights meets all the requirements set forth in RCW 9.41.040 and in 40
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this section to petition for and to be granted restoration of firearm 1
rights. 2
(e) The court may set a hearing on the petition if the court 3
determines additional information is necessary to determine whether 4
the person meets the requirements for restoration of firearm rights.5
(f) The court shall grant the petition only if the court finds 6
that the person petitioning for restoration of firearm rights meets 7
the requirements set forth in this section. 8
(g) The prosecuting attorney shall notify any victim who requests 9
notification of the court's decision. 10
(4) When a person's right to possess a firearm has been restored 11
under this section, the court shall forward, within three judicial 12
days after entry of the restoration order, notification that the 13
person's right to possess a firearm has been restored to the 14
Washington state patrol with a copy of the person's driver's license 15
or identicard, or comparable identification such as the person's 16
name, address, and date of birth. 17
(5) By December 30, 2023, the administrative office of the courts 18
shall develop and distribute standard forms for petitions and orders 19
issued under this section and RCW 9.41.047, and update protection 20
order and no-contact order forms to allow victims to opt out of the 21
notification provided for in this section if they do not wish to be 22
notified at the time of a petition for firearm rights restoration. 23
Beginning January 1, 2024, courts shall use the standard forms for 24
petitions and orders under this section and RCW 9.41.047, and the 25
updated protection order and no-contact order forms.26
(6) An appointed or elected public official, public employee, or 27
public agency as defined in RCW 4.24.470, or combination of units of 28
local government and its employees as provided in RCW 36.28A.010, are 29
immune from civil liability for good faith conduct in the performance 30
of the official's, employee's, or agency's duties under this section.31
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