Washington criminal charge
Weapons in Washington
Weapons is a criminal offense under Washington law, defined by RCW 9.94.040. 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 9.94.040.
What is the penalty for weapons in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Possession of weapon by state prison inmate — A person serving a sentence in a state correctional institution who, without legal authorization, knowingly possesses or carries a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises.; 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 (Possession of weapon by state prison inmate — A person serving a sentence in a state correctional institution who, without legal authorization, knowingly possesses or carries a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises.; 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 (Possession of weapon by county/local jail inmate — A person confined in a county or local correctional institution who, without legal authorization, knowingly possesses or controls a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises.; 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 (Possession of weapon by county/local jail inmate — A person confined in a county or local correctional institution who, without legal authorization, knowingly possesses or controls a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises.; 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 weapons classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of weapon by state prison inmate | Class B Felony | A person serving a sentence in a state correctional institution who, without legal authorization, knowingly possesses or carries a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises. | RCW 9.94.040(1) |
| Possession of weapon by county/local jail inmate | Class C Felony | A person confined in a county or local correctional institution who, without legal authorization, knowingly possesses or controls a weapon, firearm, or injury-capable instrument while in the institution, being conveyed to/from it, under institution custody/supervision, or on institution-controlled premises. | RCW 9.94.040(2) |
Common questions about weapons in Washington
Is weapons a felony or a misdemeanor in Washington?
What are the penalties for weapons in Washington?
Penalties for weapons 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 weapons?
Weapons is governed by RCW 9.94.040 (Weapons—Possession, etc., by prisoner prohibited—Penalty).
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.