State Gun Laws

The penalty for unlawful possession of a firearm depends on the circumstances. If the abuser was convicted of a felony that is considered a “serious offense” under the law, or if s/he was found not guilty by reason of insanity for such offense, s/he can be guilty of unlawful possession of a firearm in the first degree, which is a class B felony.  A class B felony is punishable by up to ten years in prison, a fine of up to $20,000, or both.¹

The abuser can be guilty of unlawful possession of a firearm in the second degree, which is a class C felony if:

• s/he was convicted of a felony that is not a “serious offense,” or if s/he was found not guilty by reason of insanity for such offense; 
• s/he was convicted of certain misdemeanor crimes against a family or household member or intimate partner, including harassment, assault in the 4th degree, stalking, violation of a protection order, and more; 
• s/he was convicted of certain misdemeanor crimes regardless of the relationship to the victim, including domestic violence, stalking, harassment, and more;
• s/he was convicted of violating an order to surrender and prohibit weapons or an extreme risk protection order;
• s/he possesses a firearm while there is a protection order in effect against him/her that meets certain requirements;
• s/he was involuntarily committed for mental health treatment and has not had the right to possess a firearm restored since;
• s/he has been found incompetent to stand trial and the judge has stated that s/he has a history of violent acts;
• s/he is under eighteen years of age; or
• s/he is free on bond or personal recognizance pending trial, appeal, or sentencing for a “serious offense.”²

A class C felony is punishable by up to five years in prison, a fine of up to $10,000, or both.³

Also, anyone who has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to ten years, or both.⁴  For more information, see our Federal Gun Laws page.

¹ R.C.W. §§ 9.41.040(1); 9A.20.021(1)(b)
² R.C.W. § 9.41.040(2)(a), (b)
³ R.C.W. § 9A.20.021(1)(c)
⁴ 18 USC § 924(a)(2)