How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33167
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

How long after my involuntarily committed for mental health

This answer was rated:

How long after my involuntarily committed for mental health treatment can I restore my gun rights? I use target practice as a hobby. I live in the state of Washington.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
Under Washington law, (RCW 9.41.047) after an involuntary commitment and after they have been discharged, the person would have to file a petition in Superior Court where they live to ask to have their firearms rights restored.
There is no specific timeframe or limit that must be met before the petition can be filed. The person just has to have been discharged from treatment.
The statute says:
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction may, upon discharge, petition the superior court to have his or her right to possess a firearm restored.

(b) The petition must be brought in the superior court that ordered the involuntary commitment or the superior court of the county in which the petitioner resides.

(c) Except as provided in (d) of this subsection, the court shall restore the petitioner's right to possess a firearm if the petitioner proves by a preponderance of the evidence that:

(i) The petitioner is no longer required to participate in court-ordered inpatient or outpatient treatment;

(ii) The petitioner has successfully managed the condition related to the commitment;

(iii) The petitioner no longer presents a substantial danger to himself or herself, or the public; and

(iv) The symptoms related to the commitment are not reasonably likely to recur.

(d) If a preponderance of the evidence in the record supports a finding that the person petitioning the court has engaged in violence and that it is more likely than not that the person will engage in violence after his or her right to possess a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she does not present a substantial danger to the safety of others.

(e) When a person's right to possess a firearm has been restored under this subsection, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing, the department of social and health services, and the national instant criminal background check system index, denied persons file.






If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.


I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Barrister and 5 other Legal Specialists are ready to help you

Related Legal Questions