Washington criminal charge
Unlawful possession of firearms in Washington
Unlawful possession of firearms is a criminal offense under Washington law, defined by RCW 9.41.040. 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 9.41.040.
What is the penalty for unlawful possession of firearms in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Unlawful possession of a firearm in the first degree — Applies when a person commits unlawful possession of a firearm in the first degree as described in subsection (1)(a), such as owning, accessing, or possessing a firearm after a prior conviction or acquittal by reason of insanity for a serious offense, or possessing an untraceable or undetectable firearm while subject to a specified protection order.; statutory maximum (RCW 9A.20.021(1)(b)); 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) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Unlawful possession of a firearm in the first degree — Applies when a person commits unlawful possession of a firearm in the first degree as described in subsection (1)(a), such as owning, accessing, or possessing a firearm after a prior conviction or acquittal by reason of insanity for a serious offense, or possessing an untraceable or undetectable firearm while subject to a specified protection order.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Unlawful possession of a firearm in the second degree — Applies when a person who does not qualify for first degree unlawful possession owns, accesses, or possesses a firearm under any of the circumstances listed in subsection (2)(a), including prior convictions for certain felonies or domestic violence-related offenses, being subject to certain protective orders, prior involuntary commitment, incompetency dismissal, being under 18, or being free on bond pending trial for a serious offense.; 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) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Unlawful possession of a firearm in the second degree — Applies when a person who does not qualify for first degree unlawful possession owns, accesses, or possesses a firearm under any of the circumstances listed in subsection (2)(a), including prior convictions for certain felonies or domestic violence-related offenses, being subject to certain protective orders, prior involuntary commitment, incompetency dismissal, being under 18, or being free on bond pending trial for a serious offense.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is unlawful possession of firearms classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful possession of a firearm in the first degree | Class B Felony | Applies when a person commits unlawful possession of a firearm in the first degree as described in subsection (1)(a), such as owning, accessing, or possessing a firearm after a prior conviction or acquittal by reason of insanity for a serious offense, or possessing an untraceable or undetectable firearm while subject to a specified protection order. | RCW 9.41.040(1)(b) |
| Unlawful possession of a firearm in the second degree | Class C Felony | Applies when a person who does not qualify for first degree unlawful possession owns, accesses, or possesses a firearm under any of the circumstances listed in subsection (2)(a), including prior convictions for certain felonies or domestic violence-related offenses, being subject to certain protective orders, prior involuntary commitment, incompetency dismissal, being under 18, or being free on bond pending trial for a serious offense. | RCW 9.41.040(2)(b) |
Common questions about unlawful possession of firearms in Washington
Is unlawful possession of firearms a felony or a misdemeanor in Washington?
It depends on the circumstances: unlawful possession of firearms ranges from a Class C Felony to a Class B Felony in Washington under RCW 9.41.040.
Unlawful possession of a firearm in the first degree: Class B Felony (RCW 9.41.040(1)(b)) · Unlawful possession of a firearm in the second degree: Class C Felony (RCW 9.41.040(2)(b))
What are the penalties for unlawful possession of firearms in Washington?
Penalties for unlawful possession of firearms in Washington depend on how it is classified — from a Class C Felony up to a Class B 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 unlawful possession of firearms?
Unlawful possession of firearms is governed by RCW 9.41.040 (Unlawful possession of 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.