In 2021, the Washington Supreme Court struck down the state's drug possession law in the landmark State v. Blake decision. When that occurred, thousands of people in King County got a huge win. Their past felony drug convictions were erased, or "vacated." However, that didn’t mean that their Second Amendment gun rights were automatically restored.

If you had a felony drug conviction vacated under the Blake decision, you might think your gun rights are automatically restored. They're not. Washington law requires a separate legal step to restore your right to possess firearms, even after your conviction is dismissed. 

What the Blake Decision Changed in Washington

The State v. Blake decision declared Washington's strict liability drug possession statute unconstitutional. The court ruled that people could be convicted without the state having to prove they knew they possessed drugs. This ruling was retroactive, meaning anyone with a simple drug possession conviction could petition to have it vacated.

In King County alone, prosecutors estimate that over 3,000 felony drug possession cases have been eligible for vacation since Blake. Many people have already gone through the process and had their convictions dismissed. For most, this means removing a significant barrier to housing, employment, and personal dignity.

Blake Vacations Don't Automatically Restore Gun Rights

Here's where it gets complicated. When a King County court vacates your felony drug conviction under Blake, the vacation order dismisses the conviction. However, Washington firearm laws operate on a separate track. RCW 9.41.040 specifically governs who can and cannot possess firearms in Washington state.

Even with a vacated conviction, you may still be prohibited from possessing firearms under state or federal law if other convictions or legal issues exist on your record. Federal law under 18 U.S.C. 922(g) also has its own restrictions that don't automatically disappear when a state court vacates a conviction.

The King County Process for Restoring Gun Rights

After your Blake vacation is granted, you need to file a separate petition to restore your firearm rights. This petition asks the court to review your criminal history, your behavior since the conviction, and whether restoring your rights poses a risk to public safety or yourself.

The court will consider several factors:

- Your complete criminal history beyond the vacated drug conviction

- Whether you've completed all terms of any other sentences

- Evidence of rehabilitation and community stability

- Any history of domestic violence, which carries additional federal restrictions

If you have no other disqualifying convictions and meet the legal requirements, the court can issue an order restoring your right to possess firearms under Washington law. This order is critical. Without it, you could face new criminal charges for unlawful possession, even if your Blake conviction is vacated.

Federal vs. State Gun Rights: Know the Difference

Washington state restoration doesn't automatically fix federal firearm prohibitions. Federal law is more restrictive in many areas, particularly regarding domestic violence convictions and certain felonies. If your record includes convictions beyond simple drug possession, you may need additional legal work to clear federal restrictions.

An experienced Seattle criminal defense attorney can evaluate whether your Blake vacation and state restoration order will be recognized under federal law, or whether you need to pursue a federal relief process.

Firearm rights restoration is technical. The paperwork must be filed correctly, and you need to know which court has jurisdiction over your case. Filing errors or incomplete petitions can delay the process for months or result in denial.

A Seattle criminal defense attorney who understands Blake vacations and gun rights restoration can guide you through both processes efficiently. They'll review your full criminal record, identify any potential issues, and present the strongest case to the court for restoration.

If you've had a felony drug conviction vacated under Blake and want to restore your gun rights in King County, don't wait. The legal process requires specific steps, and possessing a firearm without proper restoration can lead to serious criminal charges. Contact a qualified Seattle attorney at Lewis & Laws today to discuss your case and start the restoration process. Your rights matter, and getting proper legal guidance ensures you protect them the right way.