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.”

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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.

HOW CAN WE HELP YOU?

We serve clients throughout Washington including those in the following localities: King County including Bellevue, Kent, and Seattle; Benton County including Kennewick; Chelan County including Wenatchee; Clallam County including Port Angeles; Grays Harbor County including Aberdeen; Kitsap County including Port Orchard; Kittitas County including Ellensburg; Pierce County including Tacoma; Skagit County including Mount Vernon; Snohomish County including Everett; Spokane County including Spokane; Thurston County including Olympia; Whatcom County including Bellingham; and Yakima County including Yakima.

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