WEAPONS CHARGES

Unlawful possession of firearms – RCW 9.41.040.

• 1. (a) A person, whether an adult or juvenile, is guilty of the crime of UNLAWFUL POSSESSION OF A FIREARM IN THE FIRST DEGREE, if the person owns, has in his or her possession, or has in his or her control any firearm after:
* Having previously been convicted of any serious offense (see list below), or
* Having been found not guilty by reason of insanity in this state or elsewhere of any serious offense.
• (b) Unlawful possession of a firearm in the first degree is a class B felony.
• 2. (a) A person, whether an adult or juvenile, is guilty of the crime of UNLAWFUL POSSESSION OF A FIREARM IN THE SECOND DEGREE, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
o i. After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following domestic violence offenses committed on or after July 1, 1993:
• Assault in the fourth degree,
• coercion,
• stalking,
• reckless endangerment,
• criminal trespass in the first degree, or
• violation of the provisions of a protection order or no-contact order;
o ii. After having previously been involuntarily committed for mental health treatment under;
o iii. If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or
o iv. If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.
• (b) Unlawful possession of a firearm in the second degree is a class C felony.

“SERIOUS OFFENSE” means any of the following felonies or a felony attempt to commit any of the following felonies:

• Any crime of violence;
• Any felony violation of the uniform controlled substances act that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
• Child molestation in the second degree;
• Incest when committed against a child under age fourteen;
• Indecent liberties;
• Leading organized crime;
• Promoting prostitution in the first degree;
• Rape in the third degree;
• Drive-by shooting;
• Sexual exploitation;
• Vehicular assault (DUI or Reckless);
• Vehicular homicide (DUI or Reckless);
• Any other class B felony offense with sexual motivation;
• Any other felony with a deadly weapon verdict; or
• Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Unlawful Possession of a Firearm in the First Degree:

• An offender score of zero establishes a range of 15 to 20 months in prison.
• An offender score of nine establishes a range of 87 to 116 months in prison.
For a conviction of Unlawful Possession of a Firearm in the Second Degree:
• An offender score of zero establishes a range of 1 to 3 months in jail.
• An offender score of nine establishes a range of 51 to 60 months in prison.

Drive-By shooting – RCW 9A.36.045.

• 1. A person is guilty of DRIVE-BY SHOOTING when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge.
• 2. A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
• 3. Drive-by shooting is a class B felony.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Drive by Shooting:

• An offender score of zero establishes a range of 15 to 20 months in prison.
• An offender score of nine establishes a range of 87 to 116 months in prison.

Possessing a Stolen Firearm – RCW 9A.56.310.

• 1. A person is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.
• 2. This section applies regardless of the stolen firearm’s value.
• 3. Each stolen firearm possessed under this section is a separate offense.
• 4. The definition of “possessing stolen property” and the defense allowed against the prosecution for possessing stolen property under RCW 9A.56.140 shall apply to the crime of possessing a stolen firearm.
• 5. As used in this section, “firearm” means any firearm as defined in RCW 9.41.010.
• 6. Possessing a stolen firearm is a class B felony.

“FIREARM” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Possessing a Stolen Firearm:
• An offender score of zero establishes a range of 6 to 12 months in jail.
• An offender score of nine establishes a range of 72 to 96 months in prison.
A firearm enhancement would add 18 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 6 months on to the end of a standard range sentence.

Aiming or Discharging Firearms, Dangerous Weapons – RCW 9.41.230 (Unlawful Display of a Weapon).
• 1. For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:
o a. Aims any firearm, whether loaded or not, at or towards any human being;
o b. Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
o c. Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,

Although no injury results, is guilty of a gross misdemeanor.
• 2. If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 (Homicide) and 9A.36 RCW (Assault).
The maximum penalty for Aiming or Discharging Firearms, Dangerous Weapons in subsection (1) of the statute is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.

Talk to an Experienced Weapons Charge Lawyer Today

Did the state charge you for unlawful possesion? There is hope. For the right defense against your weapons charge, call us at (509) 735-6520. We can discuss your specific case in a free initial consultation. For legal help with another criminal defense charge call us today.