Can You Face Charges for Having a Gun While Intoxicated in Washington?

Guns are heavily regulated, and there are many things people cannot do with a firearm. Simply having a firearm while under the influence of alcohol or drugs may lead to legal trouble, and you should contact a lawyer for help as soon as possible.

While there is no standalone statute about carrying a firearm while intoxicated, doing so may still come with various legal consequences. Much of what happens may depend on how you handle the firearm while intoxicated and the surrounding circumstances. You could lose your concealed pistol license (CPL) or even be charged with something like reckless endangerment.

For a private review of your case with our Tacoma, WA weapons charge defense lawyers at the Law Offices of Smith & White at (253) 203-1645.

Can You Be Criminally Charged for Having a Gun While Intoxicated?

There is no standalone statute that makes having a firearm while intoxicated illegal. However, handling a firearm while intoxicated is so dangerous that certain other criminal statutes may apply. Whether someone is charged may depend heavily on how they were handling a firearm while allegedly intoxicated.

Possible Penalties for Handling a Firearm While Intoxicated in Washington

Again, having a gun while intoxicated is not statutorily prohibited, but it may lead to dangerous and legally complex situations where charges and penalties may be assessed.

Reckless Endangerment

According to Washington law, a person may be charged with reckless endangerment for engaging in conduct not amounting to a drive-by shooting but creates a substantial risk of serious injury or death to another person. Reckless endangerment is a gross misdemeanor and carries a potential jail term of up to 364 days and fines of up to $5,000.

Firearm and CPL Forfeiture

If a person has a concealed pistol license (CPL) and they are caught carrying their firearm while under the influence of alcohol or drugs, the court may order forfeiture of the firearm. The court may also revoke their CPL.

Illegal Brandishing of a Firearm

Brandishing a firearm is a criminal offense. The defendant must be proven to have brandished or displayed the firearm in a way that shows an intent to threaten or intimidate, or in a manner that warrants alarm for the safety of others.

If a person is visibly intoxicated and brandishing a firearm, others may become very alarmed and call the police.

How Can You Be Arrested for Having a Firearm While Intoxicated?

Having a gun is not inherently a crime, nor is being intoxicated. However, when these actions occur together, the police are likely to take notice.

Traffic Stops

This is one of the most common ways that people are stopped by the police for being under the influence. If the police discover a firearm in the car during a traffic stop, and the driver is also determined to be intoxicated, there may be significant consequences.

Public Intoxication

If a person is out in public and visibly intoxicated (e.g., stumbling, slurring their words, acting erratically), the police may stop them to make sure they are okay. If they discover that the intoxicated person has a firearm on them, they may arrest them.

Carrying a Firearm Somewhere Prohibited

Even with a CPL, there are places where having a firearm is strictly prohibited. For example, it is almost always illegal to carry a firearm on school grounds, on government property (e.g., courthouses and municipal buildings), and at airports, among other places.

If you attempt to carry a gun somewhere prohibited, you will almost certainly be stopped. If the authorities detect alcohol, penalties may be serious.

Can You Be Intoxicated with a Firearm in Your Home in Washington?

Generally, yes. It is not a crime to be intoxicated in your home while a gun is also present in the home. If the gun is locked away or kept in a safe place, there is usually no issue.

Even having the firearm on your person while consuming alcohol in your home is not inherently a crime. However, if others are present, especially children, the situation may be more complicated.

Pushing Back Against Allegations of Intoxication

How can prosecutors prove that a defendant was intoxicated while handling a firearm? Often, criminal charges revolving around alcohol intoxication require a measurement of the defendant’s blood alcohol concentration (BAC).

If the authorities did not conduct chemical testing, the evidence might be too weak to prove intoxication. Even if chemical testing was performed, it might have been performed incorrectly or with poorly maintained equipment, and the results should be questioned.

Can You Be Charged for Having a Gun While Intoxicated if Nobody Was Hurt?

Yes. Charges or other penalties may be assessed even if nobody is actually injured. Creating a substantial risk of harm may be enough to justify certain charges, like reckless endangerment.

Are There Penalties for Having an Unloaded Firearm While Intoxicated in Washington?

Maybe. Certain weapons charges do not require the gun to be loaded. For example, you may be charged with illegally brandishing a firearm even if it is unloaded. If you are also intoxicated, there may be additional penalties, such as the revocation of your CPL.

However, the fact that the firearm was not loaded may be a mitigating factor our Washington weapons charge defense attorneys can use as part of your defense.

What Should You Do with a Firearm Before Consuming Alcohol?

If you have a firearm and plan on having a few drinks, it is best to completely separate yourself from the gun. Leave the gun at home locked in a gun safe. Do not retrieve the gun until after the alcohol has dissipated from your system. Also, do not drive, and avoid drinking too much. Moderation is best.

Can the Police Seize Your Firearm from Your Home?

The police cannot search your home for evidence, including firearms, without a warrant or a valid exception to the warrant rule. Simply being intoxicated, even in public, is usually not sufficient grounds for the police to search your home for a firearm. In many cases, the police arrest intoxicated people who have firearms on their person, and there is no need to search their home.

Can the Police Seize Your Firearm from Your Person?

Yes. If a person has a firearm while intoxicated, there may be a very serious safety risk. Even if the gun is not loaded, the police cannot know that for sure unless they seize the weapon.

You may be detained, patted down, and your firearm seized. Even if you are not suspected of committing a crime with the firearm, the fact that you are allegedly intoxicated means the police need to take the gun to ensure their own safety and the safety of others.

Ask Our Washington Weapons Charge Defense Attorneys for Legal Help

For a private review of your case with our Lakewood, WA gun charge defense lawyers at the Law Offices of Smith & White at (253) 203-1645.