New Misdemeanors That Revoke Firearm Rights

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In July 2023, Washington State updated its laws under RCW 9.41.040(2)(a)(i)(D), adding several misdemeanors and gross misdemeanors that, if convicted, result in the loss of firearm rights for offenses committed on or after July 23, 2023. These include:

  • Domestic Violence (RCW 10.99.020) – Any Domestic Violence Charge
  • Stalking
  • Cyberstalking
  • Cyber Harassment (with limited exceptions)
  • Harassment
  • Aiming or Discharging a Firearm (RCW 9.41.230)
  • Unlawful Carrying or Handling of a Firearm (RCW 9.41.270)
  • Animal Cruelty in the Second Degree (RCW 16.52.207(1))
  • Certain DUI-Related “Prior Offenses” within seven years of another qualifying DUI offense.

Why the Expansion? The state legislature is trying to reduce gun violence by disarming individuals with recent convictions indicating potential for violent behavior, particularly in domestic situations. However, people with certain DUIs are often surprised that they are now facing a loss of their rights as well.

Key Points:

  • Applies to New Convictions Only: This law does not affect those convicted before July 23, 2023.
  • Requires Conviction: Only a conviction or a finding of not guilty by reason of insanity triggers the loss of rights, not just charges.
  • Immediate Loss: Upon conviction, firearm rights are automatically revoked.

What to Do If Affected:

  • Understand Your Legal Status: If convicted, you’re likely prohibited from possessing firearms; failure to comply could lead to further charges.
  • Seek Legal Advice: An attorney can help navigate these laws, ensure compliance, and discuss potential rights restoration.
  • Consider Restoration: There are pathways to restore firearm rights, but eligibility varies based on compliance with court orders and time passed since conviction.

Closing Thoughts: Washington’s update reflects a commitment to public safety but can complicate matters for those convicted. If you or someone you know is affected, our office can assist in understanding your rights, managing legal challenges, and exploring options for rights restoration. Contact us for personalized guidance.