Restoration of Firearm Rights

Restoration of Firearm Rights

Individuals who are prohibited from possessing firearms under RCW 9.41.040 based on a conviction or finding of not guilty by reason of insanity in Island County may meet certain eligibility requirements under RCW 9.41.041 to petition Island County Superior Court for restoration of their firearm rights. When submitting a petition to the court, please be advised of our process below:

Submitting a Petition

Petitioners or their attorneys can submit their petitions and accompanying documents to our office via U.S. mail, email, or fax. You can find this information on our website. For petitions to be considered, they must be complete and filed with the court. Current forms for restoration of firearm rights can be found on the WA Courts website here. 

Please note that sealed juvenile cases must be unsealed before anything can be filed. 

Determining Eligibility

  1. Once a petition is a received, the prosecutor will review to determine if the petition is complete and if the petitioner is eligible.
  2. The prosecutor will also send a verification request to the Washington State Patrol (WSP) Firearms Division for eligibility confirmation. This is a necessary step and may take up to a few weeks. 
  3. If the petitioner is eligible, the prosecutor will file a response verifying eligibility and that there is no objection to the petition. If the petitioner is ineligible, the prosecutor will file a response noting the reason for ineligibility and objecting to the petition.
  4. Petitioners who are confirmed eligible may then enter an agreed order at an ex parte hearing in Island County Superior Court or file a note for a hearing with the Island County Clerk. Please coordinate with Court Administration to be scheduled on an ex parte calendar. 

Information for Victims:

Pursuant to RCW 9.41.041(3)(c), listed victims of a prohibiting crime who have not opted out of notification will be informed of the petition by the prosecutor via mail. Listed victims will be given the option to submit a sworn statement to the court regarding the petition and provided a form to do so.