What Happens if You’re Caught with an Unlawful Firearm in Washington?

While we have a Second Amendment right to bear arms, this right is not without limits. You must be legally eligible to have a firearm, and you must have a gun license. The gun must also be purchased through legal channels. If you are caught with an unlawful firearm, you may face serious legal consequences.

You may be criminally charged with the unlawful possession of a firearm. Depending on the circumstances of your case, you may be charged in the first or second degree. Both charges are felonies, and you should contact an attorney for help immediately. You might face additional criminal charges related to the unlawful firearm, depending on whether and how it was used. Your lawyer can help you fight your charges, and your available defense strategies should be tailored to your individual case.

Get a private case evaluation to begin from our Tacoma, WA weapons charge attorneys by calling the Law Offices of Smith & White at (253) 203-1645.

Possible Criminal Charges for Having an Unlawful Firearm in Washington

Having an unlawful firearm may lead to severe criminal charges, and you need to speak to an attorney about how to fight your charges as soon as possible.

Unlawful Possession of a Firearm in the First Degree

Unlawful possession of a firearm may be charged in the first or second degree. Charges for a first-degree offense may apply if a suspect is found to have a firearm in their possession despite having been previously convicted of a disabling offense or being found not guilty by reason of insanity.

You may also be charged with unlawful possession of a firearm in the first degree if you have an untraceable or undetectable firearm while subject to a protection or no-contact order.

A defendant may be charged whether they are an adult or a juvenile, and they may face a Class B felony.

Unlawful Possession of a Firearm in the Second Degree

You may be charged with unlawful possession of a firearm in the second degree if you have an unlawful firearm in your possession, but your situation does not meet the criteria for first-degree charges. This is like a catch-all charge for unlawful firearm possession offenses that are not considered first-degree offenses.

Again, a person may be charged if they are an adult or a juvenile. Also, second-degree offenses may be charged as Class C felonies.

Related Criminal Charges

You might face additional criminal charges related to the unlawful firearm. Simply having it in your possession may lead to charges, but you might face additional charges if the gun was used in a crime or in some unlawful way. You may face other charges simply for having the gun in a place you are legally prohibited from having one, such as a government building or a school.

If you are unsure of your charges, talk to an attorney. If you are facing charges for unlawful possession of a firearm, there is a chance you are facing other charges, too.

How Can I Fight Charges for Having an Unlawful Firearm in Washington?

Being charged with a crime is not the end of your case. You have the right to defend yourself, and an experienced attorney can help you.

Knowledge or Control of the Alleged Firearm

One method of fighting charges for unlawful possession of a firearm is to challenge the prosecutor’s claims that you knew about the gun.

For a jury to convict, prosecutors must prove that you knew about the gun and had control over it. If someone else brought the gun into your home or left it in your vehicle without your knowledge or consent, our Washington weapons charge attorneys can fight the charges.

Eligibility Status

Some people are charged with illegally possessing a firearm because they are ineligible to have one. A person may become prohibited from having a gun under certain circumstances. Perhaps the most common reason people become ineligible is a conviction for a certain crime, such as a violent felony. Although there are many more ways to become ineligible.

The authorities may believe you are ineligible to have a gun, but you recently had your gun rights restored. This may be an easily fixable mistake, but you must contact a lawyer to help you fix it immediately.

Emergency Situations

You might be able to fight your charges if you had the firearm unlawfully, but under emergency circumstances. For example, maybe someone close to you gave you their firearm because they are experiencing suicidal thoughts and want to make sure that they cannot use the firearm on themselves. Perhaps you have it so that someone else who wants to use it to hurt someone cannot get it.

While these situations might not completely absolve you of criminal liability, they may make for very compelling mitigating factors.

FAQs About Penalties for Having an Unlawful Firearm in Washington

Can I Be Arrested if I am Caught with an Unlawful Firearm?

Yes. If you have a firearm that was illegally obtained or you are disabled from being able to own a firearm lawfully, you may be quickly arrested and criminally charged.

What Makes Possession of a Firearm Unlawful?

Possession of a firearm may be unlawful if you have a gun without a proper license or have a gun despite being legally prohibited due to a past criminal conviction or some other disabling offense. The firearm itself may be unlawful if it was illegally obtained (e.g., purchased through the black market) or has been altered illegally.

Will I Go to Jail if I am Caught with an Unlawful Firearm in Washington?

Possibly. Unlawful possession of a firearm may be charged as a felony, and you could go to prison for a long time. Unlawful possession of a firearm in the first-degree may be a Class B felony punishable by up to 10 years in prison. For an offense in the second degree, you may be charged with a Class C felony and face up to 5 years in prison.

Can I Fight Criminal Charges for Having an Unlawful Firearm?

Yes. While unlawful possession of a gun may seem bad, there may be circumstances in your case that can help us fight the charges. Maybe it was not your gun, but someone you know stored the gun in your home without your knowledge. In that case, prosecutors might be unable to prove you had actual knowledge or control of the firearm, which are necessary elements of unlawful possession.

Can a Juvenile Be Charged for Having an Unlawful Firearm?

Yes. Charges for unlawful possession of a firearm apply to juveniles the same way as adults. However, the juvenile justice process is usually separate from the adult criminal justice system.

Seek Legal Help Now from Our Washington Weapons Charge Defense Lawyers

Get a private case evaluation to begin from our Washington State criminal defense attorneys by calling the Law Offices of Smith & White at (253) 203-1645.