Unlawful Possession of a Firearm

Unlawful possession of a firearm or “felon in possession” laws in Washington state are described in RCW 9.41.040. Possession of a firearm is unlawful if:

  • You have been convicted of a felony in Washington state or any out of state offense that is equivalent to a felony in WA state.

 

  • You have been convicted of a certain type of misdemeanor where the victim was a family or household member. These crimes include assault 4, reckless endangerment, coercion, stalking, criminal trespass 1, harassment, and violation of a protection order.
    • The DV tag is irrelevant. Possession of a firearm is unlawful even if the conviction did not come with a “DV” tag. 

 

  • You have been involuntarily committed for mental health treatment.

 

  • You are currently restrained by certain types of protection orders.

What happens if I am found in possession of a firearm?

You could be charged with unlawful possession of a firearm in the first or second degree.

Unlawful possession of a firearm in the first degree occurs when if you have a previous conviction for a “serious offense.” “Serious offense” is defined by RCW 9.41.010 and includes all class A felonies, assault 2, kidnapping 2, robbery 2, residential burglary, burglary 2, arson 2, class B drug felonies, sex offenses, and others.

Unlawful possession of a firearm in the second degree occurs under all other circumstances where a prohibition exists (see above).

How can I restore my gun rights in Washington state?

Take a look at the restoring firearm rights in Washington state page for more information or fill out the contact form on this page for a personalized consultation from WA’s top gun rights lawyer.