UNTRACEABLE FIREARMS
UNTRACEABLE FIREARMS UNDERWASHINGTON LAW
RCW 9.41.326 is the Washington statute that sets forth the law on untraceable firearms. According to this statute, a person can’t manufacture, sell, offer to sell, transfer, purchase, or knowingly possess any untraceable firearm.
An “untraceable firearm” is a firearm that doesn’t have a serial number affixed to it. The lack of a serial number means that the gun can’t be traced by law enforcement. An untraceable firearm is sometimes referred to as a “ghost gun.”
PENALTIES FOR UNTRACEABLE FIREARM CHARGES
A one-time violation of RCW 9.41.326 is a civil infraction (and not a crime) that is punishable by a fine of up to $500.
A second-time violation of Washington’s ghost gun law is a misdemeanor offense punishable by:
- Custody in county jail for up to 90 days, and/or
- A maximum fine of $1,000.
If you violate RCW 9.41.326 a third or subsequent time, you commit a gross misdemeanor that is punishable by:
- Custody in county jail for up to one year, and/or
- A maximum fine of $5,000.
DEFENSES TO UNTRACEABLE FIREARM CHARGES
You have the right to challenge an untraceable firearm charge with a legal defense. A common defense is to show that you fall within an exception to this law. RCW 9.41.326 states that the law does not apply to any firearm that:
- Has been rendered permanently inoperable,
- Is an antique firearm, or
- Was manufactured before 1968.
As to the possession of an untraceable firearm, note that you only violate the law if you knowingly possess a ghost gun. Therefore, a defense is to show that you did not know that the gun you possessed was in fact untraceable.