Unlawful possession Of A Firearm In Washington

Unlawful possession Of A Firearm In Washington – The possession of firearms is a heavily debated topic in the United States, and laws regarding firearms possession vary from state to state. In Washington, the laws regarding firearms possession are strict and complex, and it is crucial to understand them to avoid facing serious legal consequences. Unlawful possession of a firearm is a serious offense in Washington, and it can result in hefty fines and even imprisonment.

Whether you are a firearm enthusiast, a gun owner, or simply want to know more about the laws surrounding firearms possession, this Eastcoatlaws.com article will provide you with everything you need to know about the unlawful possession of a firearm in Washington. From the definition of unlawful possession to the potential penalties and the exceptions to the law, we will cover all the essential information you need to stay on the right side of the law when it comes to firearms possession in Washington. So, let’s dive in and explore the ins and outs of unlawful possession of a firearm in Washington.

What Is Unlawful Possession Of A Firearm?

Unlawful possession of a firearm in Washington is defined as the possession of a firearm by a person who is prohibited from possessing a firearm under Washington law. There are several categories of people who are prohibited from possessing firearms in Washington, including felons, domestic violence offenders, and people who have been involuntarily committed to mental health facilities. Additionally, individuals who are under the age of 18 are also prohibited from possessing firearms in Washington, with some exceptions.

It is important to note that even if you are legally allowed to possess firearms in Washington, there are still certain restrictions on where and how you can possess them. For example, it is illegal to possess firearms in certain locations, such as schools and government buildings. It is also illegal to possess certain types of firearms in Washington, such as assault weapons and machine guns.

Unlawful Possession Of A Firearm In The First Degree

As per RCW §9.41.040, an individual can be charged with the offense of unlawful possession of a firearm in the first degree if they knowingly possess, control, or own a firearm, having previously been convicted or found not guilty by reason of insanity for a serious offense. Such serious offenses encompass various crimes, including but not limited to: any violent crime, second-degree child molestation, leading organized crime, first-degree promotion of prostitution, third-degree rape, drive-by shooting, sexual exploitation, vehicular assault while under the influence, vehicular homicide while under the influence, and any other felony involving the use of a deadly weapon, among others.

Unlawful Possession Of A Firearm In The Second Degree

As outlined in RCW §9.41.040, unlawful possession of a firearm in the second degree is committed when an individual, who is not charged with a first-degree offense, possesses, controls, or owns a firearm under the following circumstances:

• After having been previously convicted or found not guilty by reason of insanity, in this state or elsewhere, for any of the following felonies: fourth-degree assault, coercion, stalking, reckless endangerment, first-degree criminal trespass, or violation of a protection order or no-contact order that restricts the person’s actions or excludes them from a residence.

• During any period in which the person is subject to a court order.

Types Of Firearms Prohibited Under Washington Law

Washington state law prohibits the possession of certain types of firearms. These include:

• Assault weapons: Assault weapons are defined as any semi-automatic rifle that has the capacity to accept a detachable magazine and has one or more of the following features: a pistol grip, a folding or telescoping stock, a flash suppressor, or a grenade launcher.

• Machine guns: Machine guns are defined as any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger.

• Short-barreled shotguns and rifles: Short-barreled shotguns and rifles are defined as any shotgun or rifle with a barrel length of less than 18 inches or an overall length of less than 26 inches.

• Silencers: Silencers, also known as suppressors, are devices that are attached to the muzzle of a firearm to reduce the amount of noise and muzzle flash that is produced when the firearm is fired.

Penalties For Unlawful Possession Of A firearm In Washington

Unlawful possession of a firearm in Washington is a serious offense in Washington, and the penalties for this crime can be severe. The penalties for unlawful possession of a firearm in Washington depend on the circumstances of the offense and the criminal history of the offender.

In general, the penalties for unlawful possession of a firearm in Washington are as follows:

• Class C felony: If you are convicted of unlawful possession of a firearm and you have a prior felony conviction, you may be charged with a class C felony. The maximum penalty for a class C felony in Washington is five years in prison and a $10,000 fine.

• Class B felony: If you are convicted of unlawful possession of a firearm and you have two or more prior felony convictions, you may be charged with a class B felony. The maximum penalty for a class B felony in Washington is ten years in prison and a $20,000 fine.

• Gross misdemeanor: If you are convicted of unlawful possession of a firearm and you have a prior domestic violence conviction, you may be charged with a gross misdemeanor. The maximum penalty for a gross misdemeanor in Washington is 364 days in jail and a $5,000 fine.

RCW 9.41.040

Defenses For Unlawful Possession Of A Firearm

There are several defenses that may be available to individuals who are charged with unlawful possession of a firearm in Washington. These include:

• Lack of knowledge: If you did not know that you were in possession of a firearm, you may be able to argue that you lacked the knowledge required for a conviction.

• Duress: If you were forced to possess a firearm under threat of harm, you may be able to argue that you acted under duress and should not be held responsible for the possession of the firearm.

• Mistaken identity: If you are mistakenly identified as the person who possessed the firearm, you may be able to argue that you are not the person who committed the offense.

• Unlawful search and seizure: If the police obtained the firearm through an unlawful search and seizure, you may be able to argue that the evidence should be suppressed and the charges dismissed.

Restoration Of Firearm Rights

Individuals who have been convicted of certain crimes or who have been involuntarily committed to mental health facilities are prohibited from possessing firearms in Washington. However, some individuals may be able to have their firearm rights restored under certain circumstances.

To have your firearm rights restored in Washington, you must meet certain eligibility requirements and go through a legal process. The process for restoring firearm rights in Washington can be complex, and it is recommended that you seek the assistance of an experienced attorney.

How To Avoid Unlawful Possession Of A Firearm

The best way to avoid unlawful possession of a firearm in Washington is to understand the state’s laws regarding firearms possession and to comply with these laws at all times. If you are unsure whether you are legally allowed to possess a firearm or if you have any questions about the laws surrounding firearms possession in Washington, it is recommended that you consult with an experienced attorney.

Additionally, it is important to store your firearms safely and securely to prevent unauthorized access or theft. This can help to prevent situations where firearms are used unlawfully or end up in the wrong hands.

Frequently Asked Questions About Unlawful Possession Of A Firearm

1. Can I possess a firearm if I have a prior felony conviction?

No, individuals who have been convicted of a felony are generally prohibited from possessing firearms in Washington.

2. Can I possess a silencer in Washington?

No, silencers are prohibited under Washington law.

3. Can I possess an assault weapon in Washington if it was purchased before the ban went into effect?

No, even if you purchased an assault weapon before the ban went into effect, it is still illegal to possess it under Washington law.

4. Can I possess a firearm if I have been involuntarily committed to a mental health facility?

No, individuals who have been involuntarily committed to a mental health facility are generally prohibited from possessing firearms in Washington.

Conclusion

Unlawful possession of a firearm is a serious offense in Washington, and it is important to understand the state’s laws regarding firearm possession to avoid facing serious legal consequences. Whether you are a firearm enthusiast, a gun owner, or simply want to know more about the laws surrounding firearms possession, this article has provided you with everything you need to know about the unlawful possession of a firearm in Washington. From the definition of unlawful possession to the potential penalties and the exceptions to the law, we have covered all the essential information you need to stay on the right side of the law when it comes to firearms possession in Washington. Remember, the best way to avoid unlawful possession of a firearm is to understand and comply with the state’s laws, and to store your firearms safely and securely.