Gun Crime Charges if the Weapon Wasn’t Yours in Washington State
If you were found with a gun that wasn’t yours, it can still lead to criminal charges. In fact, many situations can result in even more charges if the gun isn’t yours.
If you were found in possession of a gun that wasn’t yours, and that possession was illegal or you used the gun to commit a crime, you can be charged. Additionally, possessing a gun that doesn’t belong to you might implicate you in theft charges. There are also transfer laws, but no specific firearm registration laws, so possessing someone else’s gun might or might not be a crime, depending on the circumstances.
For help with your case, call the Law Offices of Smith & White’s Tacoma, WA gun charge lawyers at (253) 203-1645.
Is it Legal to Possess a Gun that Belongs to Someone Else?
Washington state does not register firearms by owner or serial number, meaning that there is no record they can check your weapon against to see who “owns” it on paper. However, you can still face gun charges related to a weapon that doesn’t belong to you.
Gun Charges You Can Face
If you commit a crime in relation to a firearm that someone else owns, you can still be charged even though it isn’t your gun. You can also potentially be charged with theft if the gun’s owner reported it missing.
Unlawful Possession
There are certain factors that can make it illegal for you to possess a gun, whether or not it belongs to you or someone else. This crime typically prohibits gun possession if you have previous charges on your record, a restraining order for domestic violence, or some other restriction on gun rights.
Location of Possession
It is illegal to possess a gun in certain places, whether you own the gun or not, e.g., at schools, daycares, and voting facilities.
Unlawful Delivery
You cannot give a gun to someone who is not allowed to possess it. If you are ineligible, then your friend could get in trouble for giving you their gun. You could also get in trouble for giving it back to them or giving it to someone else if that recipient cannot legally possess a weapon.
This includes buying a gun for someone who is ineligible to get around background checks.
Violation of Court Orders
If you were stripped of your weapons as part of an order, and you go around that order to get possession of someone else’s gun, you could be guilty of violating that court order. Especially if that order comes from probation or parole terms, you may go back to jail for such a violation.
Illegal Concealed Carry
You need a license to carry a concealed pistol. Whether you own the gun or were borrowing or holding it for a friend, you can be charged for illegal concealed carry.
Use of a Firearm in a Crime
Use of a firearm is an element in many different crimes, such as aggravated assault. Some criminal penalties are also enhanced if you use a gun in the commission of the offense.
Possession of Illegal Firearms
Some guns are not legal to possess in Washington State, whether you own them or not. This includes things like suppressors, sawed-off shotguns, “undetectable” firearms (serial number removed), machine guns, weapons with bump stocks, etc.
Theft of a Firearm
If you stole someone else’s firearm, then that is itself a crime.
Possessing a Stolen Firearm
Possessing a stolen firearm is also a crime, even if they cannot charge you with theft itself. This might happen if someone else stole the gun and gave it to you or if you are being accused of fencing, destroying, or hiding someone else’s gun after they used it in a crime.
Washington State’s New Gun Transfer Laws
On May 1, 2027, new gun laws will go into effect in Washington, requiring proof of gun licensing before transferring a gun to someone. This might not affect something like borrowing someone else’s weapon on a hunting trip, but it would affect transferring or gifting a gun to someone else.
This means you or the person who gave you a gun could face charges for illegal transfers, depending on the circumstances and whether they violate the new laws.
Check with our Lakewood, WA gun crime defense lawyers if you need help understanding how these changes will affect you.
What to Do if You Face Gun Charges with Someone Else’s Gun?
After being arrested and charged with a crime, always do the following:
- Invoke your Fifth Amendment right to remain silent and stop answering questions.
- Invoke your Sixth Amendment right to an attorney.
- Call a lawyer.
- Do not answer any questions about who owns the gun, whether you are licensed, etc.
- Show IDs and gun licenses to the police upon request.
How Can They Prove You Possessed a Gun if It’s Not Yours?
Even if someone else owns the gun, charges typically deal with possession of the gun. This requires one of two things:
Actual Possession
If you physically had the gun in your hand or on your person and knew it was there, you can be charged with any applicable possession offenses. Possession requires you to have it, not legally own it.
Constructive Possession
If the gun was in a place where you had access to it and knew it was there, it might also qualify as possession. This could be the case even if the gun was someone else’s, e.g., if you were sitting in the passenger seat and the driver’s gun was in the unlocked glove compartment in front of you.
This can often be challenged by showing you did not have permission to access the place the gun was stored or that you did not actually know the gun was there.
FAQs for Gun Possession Charges in Washington
Do You Need a License to Possess a Gun?
The law is changing in 2027, but you currently do not need a license to buy or possess a gun in Washington. However, you do need a license to carry a concealed handgun.
Can You Be Charged for a Crime Involving Someone Else’s Gun?
If you committed a gun crime, it typically doesn’t matter whose gun it was. However, crimes like possession of a stolen firearm actually require that the gun was someone else’s, or else there is no crime.
Are Rules Different for Different Types of Guns?
Most firearm laws in Washington apply equally to pistols and long guns, but concealed carry of a pistol requires a license. Certain types of guns are also illegal, such as machine guns, short-barreled shotguns, etc.
Call Our Washington Gun Crime Defense Lawyers Today
If you were charged with a gun crime, call the Washington firearm defense lawyers at the Law Offices of Smith & White at (253) 203-1645.