Unlawful possession of a firearm is a felony in Washington.
There are two types of firearms charges in Washington
- Unlawful possession of a firearm in the first degree
- Unlawful possession of a firearm in the second degree
Unlawful Possession of a Firearm in the First Degree
Under RCW 9.41.040(1)(a), you are guilty of unlawful possession in the first degree if you have been previously convicted--or found not guilty by reason or insanity--of any "serious offense."
Unlawful possession in the first degree is a class B felony, which carries a maximum punishment of 10 years in prison and a $20,000 fine.
What is a serious offense?
For purpose of a firearm conviction, a "serious offense" means:
- Any Class A felony or solicitation or conspiracy to commit a Class A felony
- Any Class B drug felony
- Manslaughter in the first degree
- Manslaughter in the second degree
- Rape in the third degree
- Child molestation in the second degree
- Incest when committed against a child under 14 years old
- Indecent liberties
- Sexual exploitation
- Promoting prostitution in the first degree
- Assault in the second degree
- Assault of a child in the second degree
- Extortion in the first degree
- Robbery in the second degree
- Burglary in the second degree
- Residential burglary
- Drive-by shooting
- Vehicular homicide if you are under the influence of drugs or alcohol or driving recklessly
- Vehicular assault if you are under the influence of drugs or alcohol or driving recklessly
- Any other felony with a deadly weapon verdict
Unlawful Possession of a Firearm in the Second Degree
Under RCW 9.41.040(2)(a), you are guilty of unlawful possession in the second degree if one of the following applies:
- You have been convicted of a felony in Washington or any out of state felony that is equivalent to a felony in Washington
- You have been convicted of certain domestic violence-type charges
- You have been involuntarily committed for mental health treatment
- You are currently restrained by certain types of protection orders
Unlawful possession in the second degree is a class C felony, which carries a maximum punishment of 5 years in prison and a $10,000 fine.
