What Are the Defenses to Firearm Possession Charges in Washington?

Unlawful firearm possession is a relatively serious offense in Washington that requires a viable defense for a defendant to overcome and avoid prison time.

In defense of class B or C felony charges for unlawful possession of a firearm, our lawyers might argue that you lacked constructive possession, had no knowledge of the firearm’s existence, or that an exception applies, such as for unloaded firearms in closed cases. If you cannot defend yourself against charges for unlawful firearm possession, our lawyers might negotiate a plea that still benefits you.

For help with your case from our Tacoma, WA weapons charges defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

How Does Washington Define Unlawful Possession of a Firearm?

Washington defines unlawful possession of a firearm as owning, accessing, or having in one’s custody, control, or possession of a firearm after being convicted of a serious criminal offense or being acquitted by reason of insanity, or possessing an untraceable or undetectable firearm.

What Are Common Defenses to Unlawful Firearm Possession in Washington?

We can review your case to identify the best defense against the charges so that you avoid a conviction for unlawful possession of a firearm, which can lead to fines and prison time.

Lack of Constructive Possession

One of the most common defenses to firearm possession charges is arguing that the defendant lacked constructive possession, meaning they did not control the firearm in question or intend to control it.

Lack of Knowledge

Our attorneys might also argue that a defendant was completely unaware that a firearm was in their proximity, such as the bedroom of a roommate in a shared apartment.

Expunged Conviction

If you had a previous criminal conviction that precluded you from owning a gun in Washington but have since had that conviction expunged from your record, you are no longer a prohibited person, and we may get the charges against you dropped.

Restored Firearm Rights

If you qualify, you can file a Petition to Restore Firearm Rights after your release from prison or the end of your probation or parole. If you successfully restore your firearm rights, you are no longer barred from owning a gun because of a previous conviction, as it has been erased from your record.

Unloaded Firearm

Any person carrying an unloaded firearm that is closed in a case or secure wrapper may not face charges for unlawful possession of a firearm, even if they are a prohibited person. Since the firearm is unloaded, the person carrying it is not breaking the law.

Constitutional Amendments Violations

If you were arrested for firearm possession in Washington because a police officer illegally searched your person or property, our attorneys may get the results of that search thrown out of a trial, often leaving the prosecution with virtually no evidence for a gun possession charge.

Other Exceptions to Restrictions on Carrying Firearms

Other exceptions to restrictions on carrying firearms include members of the armed forces on duty and those engaging in lawful outdoor recreational activities, such as hunting.

How Can a Lawyer Start Building Your Defense Against Charges for Unlawful Firearm Possession?

To build you the best defense against firearm possession charges, tell our weapons charges defense attorneys everything that you can remember in the moments leading up to, during, and after the arrest. Tell us if police officers infringed on your rights, whether you have restored your gun rights since leaving prison, or had no knowledge of the firearm’s existence.

What Criminal Charges Can You Face for Unlawful Possession of a Firearm in Washington?

Unlawful possession of a firearm can be charged as a class B or class C felony, depending on the case.

Class B Felony

If you are arrested for unlawful firearm possession in the first degree, you might face class B felony charges in Washington. Class B felony offenses are among the most serious, second only to class A felonies.

Class B felonies like unlawful firearm possession in the first degree can carry sentences of up to 10 years in state prison.

Class C Felony

Unlawful possession of a firearm in the second degree is a class C felony, punishable by up to 5 years in prison.

What Evidence Helps Your Defense Against Charges for Unlawful Possession of a Firearm in Washington?

Our attorneys can present evidence that supports your defense against unlawful firearm possession charges. Eyewitnesses might confirm illegal search and seizure by the police, while court documents can confirm the expungement of a previous conviction or the restoration of gun ownership rights.

Do You Need a Lawyer to Defend Yourself Against Unlawful Firearm Possession Charges?

Whether you are charged with a class B or C felony for unlawful possession of a firearm, you need an attorney to identify the most appropriate defense for your case and build it on your behalf before the trial begins.

When Should You Get a Lawyer to Defend You Against Unlawful Firearm Possession Charges?

You should get a lawyer to defend you against firearm possession charges immediately after you are arrested, even if you have not yet been formally charged. Our attorneys may be able to prevent a prosecutor from filing charges by providing important context after your arrest.

What if You Can’t Defend Yourself Against Unlawful Firearm Possession Charges in Washington?

If you do not have a viable defense against unlawful firearm possession charges in Washington, our attorneys might suggest that you take a plea deal. Plea deals lower charges so that defendants ultimately face lesser consequences for pleading guilty.

For example, even reducing the charge from a class B felony to a class C felony cuts the maximum prison sentence in half.

Call Our Lawyers for Help Defending Yourself Against Firearm Possession Charges in Washington

Call the Washington weapons charges defense attorneys at the Law Offices of Smith & White at (253) 203-1645 for help with your case.