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Washington criminal charge

Undetectable or untraceable firearms in Washington

Current through 2026 Washington legislative session

Undetectable or untraceable firearms is a criminal offense under Washington law, defined by RCW 9.41.325. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by RCW 9.41.325.

What is the penalty for undetectable or untraceable firearms in Washington?

Penalties for Undetectable or untraceable firearms
PenaltyRangeBasisAuthority
Jail / prisonup to 364 days (First violation — Any person violating this section is guilty of a gross misdemeanor.; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty)discretionaryRCW 9A.20.021
Fineup to $5,000 (First violation — Any person violating this section is guilty of a gross misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5)))discretionaryRCW 9A.20.021
Jail / prisonup to 5 years (Subsequent violation — If a person has previously been found guilty under this section, each subsequent knowing violation is a class C felony.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score)discretionaryRCW 9A.20.021
Fineup to $10,000 (Subsequent violation — If a person has previously been found guilty under this section, each subsequent knowing violation is a class C felony.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute)discretionaryRCW 9A.20.021

Applies to current.

How is undetectable or untraceable firearms classified in Washington?

The classification depends on the circumstances:

Classification variants for Undetectable or untraceable firearms
VariantClassificationWhen it appliesStatute
First violationGross MisdemeanorAny person violating this section is guilty of a gross misdemeanor.RCW 9.41.325(2)(a)
Subsequent violationClass C FelonyIf a person has previously been found guilty under this section, each subsequent knowing violation is a class C felony.RCW 9.41.325(2)(b)

Common questions about undetectable or untraceable firearms in Washington

Is undetectable or untraceable firearms a felony or a misdemeanor in Washington?

It depends on the circumstances: undetectable or untraceable firearms ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9.41.325.

First violation: Gross Misdemeanor (RCW 9.41.325(2)(a)) · Subsequent violation: Class C Felony (RCW 9.41.325(2)(b))

What are the penalties for undetectable or untraceable firearms in Washington?

Penalties for undetectable or untraceable firearms in Washington depend on how it is classified — from a Gross Misdemeanor up to a Class C Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.

Which Washington statute covers undetectable or untraceable firearms?

Undetectable or untraceable firearms is governed by RCW 9.41.325 (Undetectable or untraceable firearms—Penalties).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.