What Are the Penalties for Possessing a Stolen Firearm in Washington?

The laws surrounding firearms are complicated even at the best of times. If you are charged for allegedly having a stolen firearm in your possession, you should call a lawyer for help immediately.

You do not have to steal a firearm to be charged with the possession of a stolen firearm. Purchasing or otherwise obtaining a firearm you know was stolen is enough to be charged. Such an offense may be charged as a Class B felony, and you may face a separate felony charge for each allegedly stolen gun. The key factor is that you must know that the firearms were stolen. If you had no idea and believed you were making a lawful purchase of a firearm, we may fight the charges.

For a private initial case review from our Washington gun crime attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Possible Charges and Penalties for Possessing a Stolen Firearm in Washington

If you are charged with possessing a stolen firearm, you may face serious charges and possible time behind bars. As such, call a lawyer for help as soon as possible.

Grading of Offenses

A person charged with the possession of a stolen firearm may face charges for a Class B felony. This is a serious charge and is only one step below a Class A felony, one of the most severe charges possible.

To be charged, a person must possess, carry, deliver, sell, or otherwise control a firearm that was stolen. Remember, you do not have to have actually stolen the firearm yourself. Knowingly accepting a firearm that was stolen may be enough to face charges.

Potential Prison Time

A Class Be felony conviction may result in a prison sentence of up to 10 years. Additionally, you may be fined up to $20,000.

Multiple Stolen Firearms

When a defendant is believed to have multiple stolen firearms, they may face a separate criminal charge for each allegedly stolen gun. For example, if the police seize 3 firearms they believe are stolen, you may be charged with 3 separate Class B felonies, with a total maximum prison term of 30 years if sentences are served consecutively.

Loss of Gun Rights After a Felony Conviction

When a person is convicted of a felony, they may be prohibited from ever owning or possessing a firearm. In the future, if you are ever found to have a firearm, you may be charged with a crime, even if you did not use the gun as part of a crime and believe that you obtained it legally.

Unlawful possession of a firearm may be charged as another Class B felony.

How Can You Fight Charges for Allegedly Possessing a Stolen Firearm?

You may have various defense options available, and an attorney can help you decide which ones may be the most effective.

Unlawful Search and Seizure

The police cannot just search your private property at will. They must have a warrant or be able to claim a valid exception to the warrant requirement. If neither exists, evidence of the stolen firearm may be inadmissible and excluded from the case, making it more difficult for prosecutors to obtain a conviction.

Lack of Possession or Control Over the Gun

Possession of stolen property in Washington, including firearms, must be knowing, meaning the defendant must know that the firearms in their possession were stolen.

If you legally purchased a firearm and did not know that it had been stolen, we may fight the charges, as unlawful possession cannot legally exist under those circumstances.

Our Washington gun crime lawyers may also challenge your supposed possession if the firearms were stored somewhere that you could not control.

Disputing the Number of Firearms

It may also be possible to dispute the number of allegedly stolen firearms if more than one is involved. You might have multiple firearms, but not all of them are stolen. The police might suspect more than one was stolen if they can prove at least one was. However, we can push back on these claims and argue that all other firearms in your possession are legitimate.

Evidence You May Present to Challenge Charges for the Alleged Possession of Stolen Firearms

The following evidence may help us fight your charges for possession of stolen firearms. The exact evidence we need will depend on your specific circumstances.

Proof of Purchase or Transfer

First, if you believe you purchased the alleged firearm legally, we should have some proof of that purchase as evidence. Receipts and written documentation of the transfer may show that you bought the gun from a reputable dealer and that it must have been stolen some time prior without your knowledge.

Witness Testimony

Someone close to the case may testify that you did not steal the firearms in question. They might know who you got them from and how you obtained them. The person who sold or transferred the firearm to you may even testify about the sale or transfer.

Evidence of Where the Firearms Were Found

If we can prove that you had no control over the weapons because of their location, or that others had control over the same location, we can raise doubt about the charges.

Even if the firearms were found hidden in your home, maybe someone you live with or who has access to your home possessed the guns. We do not necessarily have to prove that you could not possibly have had control over the firearms, but proving that others had just as much, if not more, opportunity to control the guns may raise sufficient reasonable doubt to fight the charges.

FAQs About Penalties for the Possession of Stolen Firearms in Washington

Can You Go to Prison for the Possession of Stolen Firearms in Washington?

Yes. Possession of a stolen firearm is a Class B felony and punishable by up to 10 years in prison.

What if Someone is Charged for Possessing Multiple Stolen Firearms?

When facing charges for multiple allegedly stolen firearms, you may be charged separately for each weapon. This means if the police seize 3 stolen firearms from your possession, you may face 3 separate Class B felony charges.

How Can You Fight Charges for the Possession of Stolen Firearms?

We may argue that the firearms were not actually stolen and that the authorities are mistaken. We could also argue that you were unaware of the firearms’ stolen nature. Still, we might argue that the firearms were seized illegally and should not be admitted into evidence.

What if You Did Not Know the Firearm You Had Was Stolen?

You must be aware that the firearms in your possession were stolen to be convicted. If we have evidence that you did not know the guns were stolen, we may have strong reasons to fight the charges.

Speak to Our Washington Gun Crime Attorneys About Your Case Now

For a private initial case review from our Washington gun crime attorneys, call the Law Offices of Smith & White at (253) 203-1645.