UNLAWFUL POSSESSION OF A FIREARM
UNLAWFUL POSSESSION OF A FIREARM UNDER WASHINGTON LAW
RCW 9.41.040 is the Washington statute that defines the crime of unlawful possession of a firearm. It sets forth two degrees:
- Unlawful possession of a firearm in the first degree; and,
- Unlawful possession of a firearm in the second degree.
You can be convicted of unlawful possession of a firearm in the first degree if the following are true:
- You were previously convicted of a “serious offense,” or plead not guilty to such an offense by reason of insanity; and,
- You were caught owning a firearm, or had one in your possession or control.
You can be convicted of unlawful possession of a firearm in the second degree if you own a firearm or have one in your possession or control, and, one of the following is true:
- You were previously convicted of a certain felony, or pled not guilty to the same by reason of insanity; or,
- You owned or possessed a firearm during any period when you were subject to a court order.
PENALTIES FOR UNLAWFUL POSSESSION OF A FIREARM
Unlawful possession of a firearm in the first degree is a class B felony in Washington. The offense is punishable by:
- Up to ten years in prison; and/or,
- A maximum fine of $20,000.
Unlawful possession of a firearm in the second degree is a class C felony. The crime is punishable by:
- Up to five years in prison; and/or,
- A maximum fine of $10,000.
DEFENSES TO UNLAWFUL POSSESSION OF A FIREARM
Persons accused of these crimes must know that there are legal defenses that they can raise to either beat the charges or reduce them. For example, a defendant can show that while he owned or possessed a firearm, he did not have any prior convictions. It is important to note, however, that the best defenses will require the skill of an experienced Washington criminal defense attorney – in Seattle or in any other town or city in the State.