Washington criminal charge
Untraceable firearms in Washington
Untraceable firearms is a criminal offense under Washington law, defined by RCW 9.41.326. 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 9.41.326.
What is the penalty for untraceable firearms in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 90 days (Second violation — If a person previously has been found to have violated this section once, each subsequent violation is a misdemeanor.; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Second violation — If a person previously has been found to have violated this section once, each subsequent violation is a misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Third or subsequent violation — If a person previously has been found to have violated this section two or more times, each subsequent violation is 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) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Third or subsequent violation — If a person previously has been found to have violated this section two or more times, each subsequent violation is a gross misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Three or more untraceable firearms at a time — Manufacturing, assembling, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time is a gross misdemeanor for each violation.; 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) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Three or more untraceable firearms at a time — Manufacturing, assembling, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time is a gross misdemeanor for each violation.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to current.
How is untraceable firearms classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second violation | Misdemeanor | If a person previously has been found to have violated this section once, each subsequent violation is a misdemeanor. | RCW 9.41.326(8)(b) |
| Third or subsequent violation | Gross Misdemeanor | If a person previously has been found to have violated this section two or more times, each subsequent violation is a gross misdemeanor. | RCW 9.41.326(8)(c) |
| Three or more untraceable firearms at a time | Gross Misdemeanor | Manufacturing, assembling, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time is a gross misdemeanor for each violation. | RCW 9.41.326(8)(d) |
Common questions about untraceable firearms in Washington
Is untraceable firearms a felony or a misdemeanor in Washington?
It depends on the circumstances: untraceable firearms ranges from a Misdemeanor to a Gross Misdemeanor in Washington under RCW 9.41.326.
Second violation: Misdemeanor (RCW 9.41.326(8)(b)) · Third or subsequent violation: Gross Misdemeanor (RCW 9.41.326(8)(c)) · Three or more untraceable firearms at a time: Gross Misdemeanor (RCW 9.41.326(8)(d))
What are the penalties for untraceable firearms in Washington?
Penalties for untraceable firearms in Washington depend on how it is classified — from a Misdemeanor up to a Gross Misdemeanor — 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 untraceable firearms?
Untraceable firearms is governed by RCW 9.41.326 (Untraceable firearms—Exceptions—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.