Tacoma Weapons Charge Defense Attorneys

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Washington protects the right to possess firearms, but state and federal gun laws place significant restrictions on who may possess them, where they may be carried, and when a weapon may legally be used. A person can face serious criminal charges for possessing, carrying, displaying, transferring, or using a firearm in circumstances prohibited by law.

The Law Offices of Smith & White, PLLC, represents people facing unlawful possession charges, allegations involving the use of deadly force, and other criminal cases involving firearms and weapons. Firearms and gun-rights cases have long been an important part of the firm’s practice, including work developed by founding attorney Derek Smith during his years with Smith & White.

A weapons charge can threaten your freedom, your ability to possess firearms in the future, and, for military personnel, law enforcement officers, and others who rely on firearms professionally, your career. Smith & White examines the circumstances of the alleged offense, the legality of the investigation, and whether the prosecution can prove each element of the charge.

Weapons Charges We Handle in Tacoma

Weapons cases can arise in many different situations. Smith & White has represented clients facing allegations involving:

Unlawful possession of a firearm
Carrying or transporting firearms unlawfully
Firearm possession after a felony or other disqualifying conviction
Firearms and domestic violence allegations
Violations of firearm restrictions connected to protection or no-contact orders
Unlawful display or use of a weapon
Possession of prohibited weapons
Firearms allegedly used during another criminal offense
Reckless discharge or other allegations involving dangerous use of a firearm
Assault allegations involving a firearm or other deadly weapon
Serious injury or death involving a firearm
Self-defense and defense-of-others cases

Depending on the offense and surrounding circumstances, a weapons charge may be a misdemeanor, gross misdemeanor, or felony. A conviction can also affect a person’s ability to lawfully possess firearms long after the criminal case is over.

Unlawful Possession of a Firearm in Washington

Washington’s unlawful possession statute, RCW 9.41.040, prohibits certain people from owning, accessing, possessing, controlling, or receiving firearms.

A firearm does not have to be registered to you or physically carried on your body for prosecutors to allege possession. Cases sometimes involve firearms found in a home, vehicle, business, or another location where the government claims the defendant knowingly possessed or controlled the weapon.

Unlawful possession of a firearm in the first degree is a Class B felony. Among other circumstances covered by the statute, it can apply when a person possesses or accesses a firearm after a qualifying serious offense.

Unlawful possession in the second degree is a Class C felony and covers a broader range of firearm restrictions. These can include other felony convictions, certain domestic violence offenses, qualifying protection or no-contact orders, and other circumstances identified by Washington law.

The distinction is important because the statute contains numerous categories, exceptions, and definitions. A prior criminal record does not automatically tell you which charge applies. The underlying conviction or order, when it occurred, and the specific restrictions imposed all matter.

The prosecution must also prove unlawful possession itself. Depending on the case, a defense may involve whether the defendant knew the firearm was present, whether the defendant actually exercised possession or control over it, whether the alleged disqualifying conviction or order applies, or whether police obtained the firearm through an unlawful search.

Firearm Charges and Domestic Violence

Firearm restrictions frequently intersect with Washington domestic violence law.

Certain domestic violence convictions can result in the loss of firearm rights. Courts may also prohibit firearm possession through qualifying protection orders or criminal no-contact orders. Violating those restrictions can expose a person to additional criminal charges.

These consequences can be especially serious for members of the military, law enforcement officers, security professionals, and others whose careers require access to firearms. There is not necessarily an employment exception simply because a person needs a firearm for work.

Because state and federal firearm restrictions can overlap, it is important to determine exactly which conviction, order, or other restriction allegedly prohibited possession before assuming the government’s charge is correct.

Using a Firearm in Self-Defense

Washington law recognizes circumstances in which a person may lawfully use force to protect themselves or another person. But the fact that someone says they acted in self-defense does not automatically prevent an arrest, investigation, or criminal charge.

Cases involving firearms or deadly force can turn on details such as who initiated the confrontation, what threat the person reasonably perceived, whether the danger appeared imminent, and whether the force used was legally justified under the circumstances.

A person who uses a firearm in what they believe was lawful self-defense could still face allegations ranging from unlawful discharge or assault to homicide. Evidence from the scene, witness statements, video, physical evidence, prior communications, and statements made immediately after the incident may all become important.

What Should You Do After Using Force in Self-Defense?

An incident involving a firearm or serious use of force can be chaotic. Your first priority should be immediate safety.

Call 911 when it is safe to do so and request medical assistance if anyone is injured. When officers arrive, keep your hands visible and carefully follow their commands. Police responding to a report involving a weapon may not initially know who was the aggressor or what happened.

You have the right to speak with an attorney before giving a detailed statement about the incident. A person who has just experienced a violent confrontation may be dealing with fear, adrenaline, confusion, or an incomplete understanding of what occurred. Statements made during those first moments can later become significant evidence.

You may need to provide basic information necessary to address an immediate emergency or safety concern, but you should be cautious about providing a detailed account of the incident before speaking with counsel.

How Can a Weapons Defense Attorney Help?

Weapons cases often involve much more than whether a firearm was physically present.

Smith & White can examine whether police had a lawful basis for a stop or search, whether evidence should be suppressed, whether the prosecution can establish knowing possession or control, and whether a conviction, court order, or other restriction actually prohibited the defendant from possessing a firearm.

In a self-defense case, the investigation may also include evidence showing why the use of force was justified. That can include witness testimony, photographs, surveillance or phone video, injuries, physical evidence, 911 recordings, and other information showing what occurred before and during the confrontation.

The specific defense depends on the charge and the facts. Our goal is to identify the legal and factual weaknesses in the government’s case and protect the client from the criminal and long-term firearm consequences that can follow a conviction.

Can Washington Reimburse Legal Fees in a Self-Defense Case?

In some cases, yes.

Under RCW 9A.16.110, Washington provides a procedure for reimbursement of reasonable defense costs when a person charged with certain crimes is found not guilty based on self-defense and the required self-defense finding is made.

The reimbursement can include reasonable legal fees, loss of time, and other defense expenses. It is not automatic simply because a defendant is acquitted. The factfinder must make the required determination concerning self-defense, and the judge determines the amount of any award.

The court may also reduce or deny reimbursement in some circumstances if the defendant was engaged in criminal conduct substantially related to the events that led to the charge.

Smith & White Can Help With a Weapons Charge

Weapons cases can involve complicated questions about possession, prior convictions, court orders, searches, constitutional rights, and lawful self-defense. A conviction can also have consequences far beyond the immediate criminal penalties, particularly when firearm rights affect a person’s work, military service, or way of life.

If you are facing a firearm or weapons charge in Tacoma or the surrounding area, Smith & White can review the allegations and help you understand your options.

We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.