What is the penalty for violating state or federal firearm 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)