What Happens if Police Find an Unregistered Gun in Your Vehicle in Washington?

There is no central state registry for firearms in Washington State, so all guns are effectively “unregistered.” However, you may be in trouble if your gun is untraceable, and the state has no information connecting you to the firearm. If the police find such a firearm in your car, you should call a lawyer for help.

Remember, to find the gun in the first place, the police must have a reason to search your car. If there is no valid reason, and the police do not have a search warrant, evidence of the gun may be considered illegal and cannot be used against you. Talk to your lawyer about all the circumstances surrounding the incident where a gun was found in your car so they can determine the strongest defense strategies.

Ask our Washington criminal defense lawyers for a confidential legal review when you call the Law Offices of Smith & White at (253) 203-1645.

What is an Unregistered Firearm in Washington?

Washington, like most other states, strictly regulates firearms. If the police find a firearm in your car that cannot be traced to you, you may be in serious trouble.

No Firearm Registry

First, it is important to note that Washington State does not have a state firearm registry. As such, you might say that all firearms in Washington are “unregistered.” However, that does not mean that it is legal to own or carry a gun that cannot be legally connected to you in some way.

If the police find a gun in your vehicle and they cannot find any legal connection between you and the gun, you may face consequences. Not only is possessing the gun a problem, but transporting it in your vehicle may result in additional charges.

Ghost Guns

A major issue in Washington is “ghost guns,” or untraceable guns. If a ghost gun is found at a crime scene, there is no way to legally trace it back to an owner, making it incredibly difficult to investigate a possibly violent crime.

When the police discover people in possession of ghost guns, they may seize the gun, and the person may face consequences.

Unserialized Firearms

A common way people create ghost guns is by removing the serial numbers that would be used to identify and trace the gun.

As of March 10, 2023, it is illegal in Washington to knowingly or recklessly possess, transport, or receive an untraceable firearm unless you are a member of law enforcement acting in the course of your official duties.

Possible Penalties for Carrying an Unregistered Gun in Your Car

The penalties for carrying or transporting an unregistered firearm are not as severe as other firearm-related charges, but they should still be taken seriously. Repeat violations will increase in severity.

First Violation

For a first violation, you may be charged with a civil infraction. This is not a criminal charge, and you will not face jail time, but you may face a hefty fine of $500.

Remember, this is only for transporting an untraceable firearm in your car. You may face additional, more serious charges if you did not have a valid gun license or permit, or if the gun had been stolen.

Subsequent Violations

If a person is found with an untraceable firearm in their car more than once, the penalties become more serious. For a second or any subsequent violation, you may face misdemeanor charges, a maximum jail term of 90 days, and a fine of up to $1,000.

Again, these charges and penalties are only for the possession or transportation of an untraceable firearm. You may still face additional charges if you have the gun without a proper gun license, the gun is determined to be stolen, or you are a person prohibited from having a gun.

How You May Defend Yourself if Police Find an Unregistered Firearm in Your Car

If the police find an untraceable firearm in your vehicle, call a lawyer immediately to help defend you.

Law Enforcement Officials

The ban on carrying untraceable firearms does not extend to law enforcement officials. If you are a member of law enforcement, and you were transporting the firearms in question as part of your official duties, your charges may be the result of a serious misunderstanding or miscommunication.

Lack of Necessary Intent

A big part of facing legal penalties for carrying an untraceable firearm is that you must be aware that the firearm is untraceable. If you did not know the firearm was untraceable and believed everything about it was legal, we may push back against potential charges and penalties.

The Search of Your Vehicle was Illegal

For the police to find an allegedly untraceable firearm in your vehicle, they need a valid reason to search your car in the first place. Vehicle searches are not uncommon, but they are also not random. The police must have some probable cause to believe that contraband or evidence of a crime (e.g., an untraceable gun) is inside your car. Alternatively, they must have your consent or a valid search warrant.

If none of these conditions existed when the police searched your car, our Washington gun crime attorneys may exclude evidence of the firearm from your case.

What is an Unregistered Firearm in Washington?

In Washington, there is no central state registry for firearms, so all firearms are considered “unregistered.” However, the state still needs ways to trace weapons to their owners. If a weapon is untraceable (e.g., the serial number has been removed), it is illegal to possess or carry it.

What if You Have an Unregistered or Untraceable Firearm in Your Car?

If you have an untraceable firearm in your car, you may face penalties for carrying or transporting the firearm. For a first violation, you may face civil charges and a $500 fine. Subsequent offenses may be elevated to misdemeanor charges carrying a maximum jail term of 90 days and a maximum fine of $1,000.

What if You Did Not Know That Your Firearm Was Untraceable?

To be charged, you must be aware that the firearm in your car is untraceable. If you truly believed the firearm was legitimate, we can argue that you should not be charged. Evidence of how you obtained the firearm may help prove these claims.

Can You Go to Jail if Police Find an Unregistered or Untraceable Firearm in Your Car?

Possibly. For a first offense, you may only face civil charges and a fine, and jail time is usually not on the table. However, subsequent offenses may be charged more harshly, and you could face up to 90 days in jail.

Speak to Our Washington Gun Crime Attorneys for Legal Help

Ask our Tacoma, WA weapon charges lawyers for a confidential legal review when you call the Law Offices of Smith & White at (253) 203-1645.