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Fact check: How difficult is it to get gun rights restored in washington state if you have 30 plus year old felony drug convictions
Executive Summary
Restoring firearm rights in Washington after 30+-year-old felony drug convictions is possible but often difficult, hinging on the specific conviction, statutory eligibility, and whether relief is sought under state or federal law. Washington law and administrative practice provide potential pathways—statutory provisions, reentry legislation, and administrative supports—but lawyers and advocacy groups emphasize the process is complex and fact-specific, and some convictions remain categorically ineligible [1] [2] [3]. Recent reentry legislation and Department of Corrections programs may improve prospects for some applicants, while private attorneys offer petition-based restoration services [4] [5] [3].
1. Why decades-old convictions still matter and what the law says
Even if a felony drug conviction occurred more than 30 years ago, statutory disqualifications for firearm possession do not automatically expire; eligibility depends on statutory categories and post-conviction status. The Washington Revised Code contains provisions relevant to sentencing and alternatives that affect how convictions are classified and whether collateral relief is available [1]. Legal practitioners note that the restoration route differs between state and federal regimes: a Washington court or the governor can sometimes restore state rights, but federal firearms prohibitions often remain unless a federal pardon or relief under federal law occurs [2] [3]. The result is a mixed legal landscape where time alone rarely guarantees restoration.
2. Practitioners say the process is navigable but requires expertise
Law firms and defense attorneys describe the restoration path as complex but navigable with professional help; they advertise services to clear records or petition for firearm rights restoration and emphasize procedural hurdles [3] [2]. Attorneys can identify whether a conviction is among those expressly ineligible—such as Class A felonies or certain sex offenses—and can prepare petitions, collect supporting documents, and argue rehabilitation. This emphasis on legal help signals a practical reality: paperwork, statutory interpretation, and evidentiary records from decades-old cases frequently make lay applicants reliant on counsel to assemble a compelling record [3].
3. Administrative and reentry reforms may change practical prospects
Recent and proposed legislative changes aim to improve reentry outcomes, and those reforms can indirectly affect firearm rights restoration by clarifying records, enabling earned release, or creating pathways for rehabilitation to be documented. House Bill 1239 and amendments to RCW sections address preparing incarcerated individuals for reentry and recalculating release dates, which can produce updated records of rehabilitation and programming participation that strengthen later petitions for rights restoration [5]. The Department of Corrections also provides reentry resources and record-keeping that help applicants demonstrate rehabilitation, which may bolster petitions submitted years after conviction [4].
4. Some convictions are categorically blocked—know the ineligibles
Not all felony convictions are eligible for restoration; certain offenses are expressly barred, according to practitioner summaries and statutory interpretations. Sources identify categories—such as Class A felonies and felony sex offenses—that typically cannot be remedied by state-level restoration processes [2]. The presence of such exclusions means that for some individuals, administrative or legislative relief will not suffice; a federal pardon or very specific statutory change would be necessary. This categorical ineligibility underlines why the exact nature and classification of a 30-year-old offense are determinative.
5. Records, rehabilitation, and timing are decisive in outcomes
Successful petitions generally require documentary proof of rehabilitation, clean subsequent conduct, and sometimes evidence of community ties or employment. The Department of Corrections’ programs and documentation of participation can serve as persuasive proof for a court or decision-maker [4]. Attorneys stress that older convictions can be mitigated by decades of law-abiding behavior, but assembling reliable records from decades past and framing them under current statutory standards is a substantive legal task [3]. Thus, timing and the quality of the evidentiary package strongly influence success.
6. Watch for competing agendas: law firms, advocacy, and policymakers
Information about restoration comes from actors with differing incentives: law firms market services and may emphasize possibility, advocacy groups champion expanded rights restoration, and lawmakers focus on public safety and reentry outcomes [3] [5]. Each source frames the issue to advance a goal—business, reform, or public safety—so claim emphasis varies. Readers should weigh practitioner optimism about feasibility against statutory limits and policy-driven exclusions documented in legal summaries and legislative texts [2] [1].
7. Practical next steps based on the evidence
Given the mixed legal landscape, the evidence supports a practical, evidence-driven approach: verify the exact conviction classification, obtain records from sentencing and DOC, and consult counsel familiar with Washington restoration petitions and federal firearm law. Reentry documentation from DOC programs and any legislative relief enacted under HB 1239 could materially affect petition strength [4] [5]. For some convictions, categorical ineligibility will block state restoration and necessitate exploring federal relief or legislative avenues; for others, a well-documented petition supported by counsel offers a realistic pathway [3] [2].