A new bill introduced in Washington’s legislature (House Bill 1118) seeks to fix a significant oversight in the state’s firearm rights restoration law that has been particularly problematic since July 2023. The proposed legislation would address two major issues that currently prevent many Washington residents from restoring their firearm rights.
The Current Problem
Under the law that went into effect in July 2023, individuals can only petition for firearm rights restoration in the county where their prohibiting offense occurred. This creates an impossible situation for people with out-of-state convictions – they literally have no court with jurisdiction to hear their case in Washington.
This jurisdictional gap has particularly severe consequences for people with out-of-state misdemeanor convictions. Consider this example: In Alaska, forgery is classified as a misdemeanor that doesn’t prohibit firearm possession either under Alaska law or federal law. However, when someone with this conviction moves to Washington, they suddenly find themselves prohibited from possessing firearms because forgery is a felony under Washington law.
These individuals face a catch-22: They never lost their firearm rights in their original state, but upon moving to Washington, they become prohibited persons with no legal avenue to restore their rights.
The Proposed Solution
HB 1118 would fix this problem by adding new provisions for where individuals can file their petition for rights restoration:
- In any county that entered a prohibition (existing law)
- In the county of the person’s residence if the prohibiting conviction occurred outside Washington
- In Thurston County if the person is not a Washington resident
The bill also addresses verification requirements for out-of-state convictions, specifically noting that individuals cannot be prevented from filing a petition merely because they cannot verify their firearm eligibility status in the state of their original conviction.
Why This Matters
This change would provide a clear legal pathway for individuals who:
- Have out-of-state convictions
- Never lost their firearm rights in their original state
- Became prohibited persons only upon moving to Washington
- Currently have no avenue for rights restoration
The proposed bill represents an important step toward ensuring that Washington residents have a fair process for restoring their firearm rights, regardless of where their original conviction occurred.
Next Steps
The bill has been prefiled for the 2025 Regular Session and referred to the Committee on Civil Rights & Judiciary. We will continue to monitor its progress and provide updates as it moves through the legislative process.
For individuals affected by these issues, it’s advisable to consult with an attorney familiar with firearm rights restoration to understand how this proposed legislation might affect their specific situation.