Can You Be Charged for Lending a Gun to Someone in Washington?

Numerous laws and restrictions govern guns and firearms, and not just anyone may possess one. While you might legally have a gun, you may not always be able to loan that gun to someone else. While there are some exceptions, you generally cannot loan a weapon to others without following specific laws.

When loaning a firearm to almost anyone, you must go through specific legal channels, or you may face gross misdemeanor charges, even if you owned the gun legally. You may also be charged for loaning the gun to someone ineligible to have a gun, such as someone convicted of a violent felony. You may be able to fight charges for loaning a gun to someone if we can prove your situation falls under a certain exception, such as loaning a firearm to an eligible immediate family member.

Begin your case with a confidential legal review from our Washington criminal defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.

Can I Be Criminally Charged for Lending My Gun to Someone in Washington?

Loaning a gun is usually not a good idea unless you are aware of the rules and laws surrounding the lawful transfer of firearms. It is a good idea to ask a lawyer for help if you plan to loan or transfer your gun to someone else.

Can I Loan a Gun to Someone Else?

Legally, you are allowed to loan a gun to another person, but there are very strict laws surrounding any transfer of a firearm, including loans. Before letting someone borrow a gun, talk to an attorney about what legal channels you have to go through first. Even if you trust the person borrowing your gun, you might still face serious penalties for not following proper legal protocols.

Lending a Gun Without Following Proper Channels

Loaning a gun to another person is possible, but only under very specific conditions. If these conditions are not satisfied when you transfer the firearm, you may be criminally charged.

Specifically, the law requires that such a transfer go through a licensed dealer. This means you and the person you want to transfer the firearm to must meet with a licensed dealer, who will facilitate the transfer and satisfy all legal requirements as if the dealer were making the transfer. This includes things like background checks.

If you loan a firearm to someone without following these requirements, you may be charged with a gross misdemeanor, punishable by up to 364 days in county jail, a fine of up to $5,000, or both.

Lending a Gun to Someone Ineligible

Whether or not you follow the proper channels to loan or transfer a firearm does not matter if the person receiving the gun is ineligible. You are legally prohibited from transferring or loaning a gun to someone who is prohibited from having one under the law. This may be because they were previously convicted of a crime.

If you are charged, you may face a Class C felony. If convicted, you face up to 5 years in prison, a fine of up to $10,000, or both.

How Can I Fight Charges for Letting Someone Borrow My Gun in Washington?

If you are charged with a crime related to loaning someone a gun, talk to an attorney immediately. While there are numerous laws and restrictions on transferring firearms, there are also several exceptions that might apply to your situation.

Legally Lending a Firearm

You can lend a firearm to someone by following proper legal channels. As explained above, this generally means going through a licensed dealer to comply with legal requirements like background checks.

If you are charged despite going through the proper legal channels, our Washington weapons charges attorneys can obtain the transfer records from the licensed dealer you used. Everything about the transfer should be documented, and proper documentation may help us get your charges dropped.

Loan to a Family Member

Special exceptions exist for loaning a firearm to someone within your own family. You do not have to go through a licensed dealer and draw out the process if you are loaning a firearm to someone within your immediate family. This may include spouses, domestic partners, parents, in-laws, kids, siblings, grandparents, grandkids, nieces and nephews, aunts and uncles, and first cousins.

The transfer must be a bona fide gift or loan, and the recipient must be eligible to receive it. If your family member is prohibited from having a gun, you cannot claim this exception.

Special Exceptions

Additional exceptions to the rule against loaning a firearm apply in emergencies. The law specifically mentions that it is not illegal to transfer a firearm if it is done to prevent a suicide.

This is an unfortunate situation, but a person experiencing suicidal thoughts may feel the need to loan a gun in their possession to a trusted friend so they cannot use the gun on themselves. If you loaned a gun or accepted a gun from someone else to prevent an emergency like a suicide, tell your lawyer immediately.

FAQs About What Happens if You Lend a Gun to Someone in Washington

Am I Allowed to Let Someone Borrow My Gun in Washington?

Yes, but only under specific circumstances. First, the person receiving the gun must not be prohibited from having a firearm. Second, you may need to go through a licensed firearms dealer to complete the transfer, unless special circumstances exist.

Can I Be Charged with a Crime for Lending a Gun to Someone?

Yes. If you loan a gun to someone ineligible to have one, such as someone previously convicted of a violent felony, you may be charged with a Class C felony. Loaning a gun to someone without going through a licensed dealer, barring special conditions, may lead to charges for a gross misdemeanor.

Can I Be Charged with a Crime for Loaning a Gun for an Emergency Situation?

If you loaned a gun to someone or accepted a gun from someone else to prevent a dangerous situation, like a suicide or some other harm, you may challenge the charges against you. Special exceptions apply in emergencies, and you may be able to have the charges dropped or dismissed.

Will I Go to Jail if I am Convicted for Illegally Loaning a Gun to Someone in Washington?

Possibly. If you loan a gun to someone ineligible to have a gun, you may be charged with a Class C felony and face up to 5 years in prison. Alternatively, you may be charged with a gross misdemeanor for transferring the firearm without following proper legal procedures and face up to 364 days in county jail.

What if I Loaned a Gun to Someone I Did Not Know Was Ineligible?

This may not be an excuse or a defense to criminal charges. This is a major reason people usually must go through licensed dealers, who conduct background checks to ensure that the person receiving the gun is eligible.

Ask Our Washington Weapons Charge Defense Attorneys

Begin your case with a confidential legal review from our Tacoma, WA weapons charges lawyers by calling the Law Offices of Smith & White at (253) 203-1645.