Are You Affected? We Can Help

Significant changes to Washington's firearms laws are already in effect. If you've lost your gun rights, understanding the ins and outs of this legislation is crucial.

In what follows, we'll break down what HB 1562 means for you, how it changes the process of firearms restoration, and how you can navigate these changes smoothly.

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Whether you're a resident of Washington with a criminal record or someone with convictions outside of the state, this guide is designed to help you understand your rights – and the steps Knauss Law Firm can take to help you restore them.

Are You Impacted?

The two key changes that stand out are related to jurisdiction and waiting periods.

Jurisdiction: Under the new law, you must file a firearms restoration petition in the county that entered the prohibition taking away your gun rights.

This is a major change from the previous law, which allowed you to file your petition in either the county that took away your rights or the county where you currently reside.

Waiting Periods: House Bill 1143 introduced a mandatory 10-day waiting period for all firearm purchases. This means after you've completed your purchase, you'll need to wait for 10 days before you can take possession of your firearm. You'll also need to take gun safety training.

Additionally, thanks to HB 1562, before you can file your restoration petition, you cannot have been recently convicted of a felony or violent crime.

To assess whether these changes impact you, ask yourself the following questions:

1. Were you convicted in a different county than where you live? If yes, the changes in jurisdiction rules will affect where you can file your firearms restoration petition.

2. Do you have convictions within the last 5 years? 2. If also yes, your path to restoration is further complicated.

The Challenges of HB 1562

Let's be clear: HB 1562 has made the restoration process more difficult.

While the intention behind the bill was to increase public safety, it has introduced nuances that can be challenging for people seeking a clear-cut way to restore their firearm rights.

Under prior regulations, it wasn't necessary for your crime-free period to be the five years immediately before applying for your firearm rights restoration. You simply needed to demonstrate a stretch of five consecutive crime-free years at any point in your past.

Previously, any five-year period without legal issues in your history could qualify you for restoration, regardless of when those five years occurred.

Now, the law requires that the five-year crime-free period be the most recent five years leading up to your petition.

Five-Year Requirement: Under the new guidelines, you must not have been convicted of any of the following offenses in the five years prior to filing your petition:

  • Any felony
  • Any crime of domestic violence
  • Violations of domestic violence protection orders (DVPO)
  • Violations of extreme risk protection orders (ERPO)
  • Violations of weapons surrender orders
  • Stalking, cyberstalking, cyber harassment, or harassment
  • Driving under the influence (DUI)
  • Negligent driving in the first degree
  • Physical control of a motor vehicle while intoxicated
  • Operating a vessel under the influence
  • Aiming or discharging a firearm
  • Unlawful carrying or handling of a firearm
  • Second-degree animal cruelty

Three-Year Requirement: For any non-felony crimes not listed above, you must demonstrate a crime-free period of three years before you can file your restoration petition.

This can be particularly disappointing if you were planning to have your rights restored soon. You might find that you're now ineligible to apply until a later date, which can be frustrating and disheartening.

At Knauss Law Firm, we understand these challenges and are here to assist. We will guide you through the fine print of HB 1562 and help you understand how these changes affect your day-to-day life.

How We Can Help

We have an in-depth understanding of HB 1562 and have extensive experience handling cases related to this new legislation. Our team of experts has been closely following the developments since Governor Inslee signed HB 1562 into law in May 2023.

Here are some examples of how we've helped our clients deal with this shift:

1. Navigating Jurisdictional Changes: We've assisted clients who were required to file their restoration petition in a county different from their residence due to the requirements brought about by HB 1562. Our firm coordinated with the relevant county courts, leading to a smooth and efficient filing process.

2. Understanding Waiting Periods: We've worked with clients who were affected by the new waiting periods introduced by HB 1562. Our team provided clear explanations of the waiting periods applicable to their specific convictions and developed a timeline for restoration.

3. Addressing Eligibility Concerns: For clients with older convictions who found their eligibility affected by the law, we've offered proactive legal advice and explored potential avenues for restoring their firearm rights without further delay.

What It Means For You

Time matters, and so does your right to bear arms. If you're wondering how HB 1562 impacts your ability to restore your gun rights, don't wait to find out – act now.

Every moment you sit on the sidelines is time that could be spent moving forward in the restoration process. Here's how we can help:

  • Personalized Consultation: Contact us for a one-on-one consultation where we dive deep into the specifics of your case. We understand that everyone's situation is unique, and we customize our approach accordingly.
  • Expert Guidance: Our team is well-versed in the nuances navigating the complexities of HB 1562 and other related laws like HB 1240, HB 1143, and SB 5078.
  • Step-by-Step Assistance: From filing the necessary paperwork to representing you in court if needed, we're with you every step of the way.

Don't let confusion or uncertainty hold you back. Reach out to us now and start the conversation about getting your rights restored.

Reclaiming your gun rights starts with a simple call or email to our office. Let us help you take that first step today.