Furthermore, carrying a concealed weapon without a valid license is considered illegal. These violations are taken seriously and can result in severe penalties, including loss of gun ownership rights, substantial fines, imprisonment, and a criminal record. The impact of a weapons charge conviction varies depending on the circumstances and previous history of the individual. Facing any weapons charge can be a daunting experience, but you do not have to face it alone. There are options available to you.
If you have been charged with a firearms or weapons offense, please contact The Law Offices of Morgan Fletcher Benfield, PLLC at (253) 518-3643 to schedule a free and confidential consultation today.
WASHINGTON FIREARM &
WEAPSONS CHARGES
The illegal possession of a firearm is referred to as Unlawful Possession of a Firearm (RCW 9.41.040). It involves the ownership, possession, or control of any firearm in a manner that violates the law. If you are found with a firearm that is not registered to you or your criminal record prohibits you from possessing it, you could face charges. Washington has two categories of illegal possession: unlawful possession of a firearm in the first degree and unlawful possession of a firearm in the second degree. Unlawful possession of a firearm in the first degree applies if you have previously been convicted of a violent crime or any other weapon-related felony. This is a class B felony that carries a maximum sentence of 10 years in prison and a $20,000 fine. On the other hand, unlawful possession of a firearm in the second degree applies to individuals with a lesser felony conviction. This is a class C felony that carries a maximum sentence of five years in prison and a $10,000 fine.
Carrying a concealed weapon without a permit is also illegal under RCW 9.41.050. Washington is a “Shall Issue State,” which means that to lawfully possess and carry a concealed firearm, you must have a permit issued after a background check by the state. If you are found to have a firearm in your possession without proper licensing or compliance with state regulations, you could be charged with a simple misdemeanor, which carries a maximum sentence of 90 days in jail and a $1,000 fine.
Additionally, there are other dangerous weapons that are prohibited by law under RCW 9.41.250. These include instruments that can be used as weapons like brass knuckles, spring-loaded knives, daggers, or any suppression devices used to conceal the volume of a firearm. Possession of a dangerous weapon is a gross misdemeanor that carries a maximum sentence of 364 days in jail and a $5,000 fine.
DEFENDING AGAINST A FIREARM/WEAPON CHARGE
If you are found in possession of an unlawful firearm, it may seem like there is no hope. Even if you did not know the firearm was unlawful, you can still face charges. However, working with an experienced Washington criminal defense attorney can give you the opportunity to challenge the search that led to the discovery. Your attorney can examine the investigation for mistakes or violations of your rights that could result in evidence being excluded and charges being reduced or dismissed. In some cases, your lawyer may be able to prove that your possession of the firearm was lawful, such as if you had a concealed carry permit issued properly in one of the 50 US states.
When it comes to firearm rights, a felony or misdemeanor domestic violence conviction can result in a lifetime ban on possessing a firearm. This ban does not make exceptions for activities such as hunting or target shooting. Additionally, if you live with someone who legally owns a firearm but you have a felony conviction, you can still face charges. However, with the assistance of a skilled firearm lawyer, you may be eligible to have your gun rights restored if you meet certain criteria.
RESTORING FIREARM RIGHTS
Individuals in Washington who have a misdemeanor domestic violence or any felony conviction are prohibited from possessing a firearm, and this prohibition generally extends indefinitely without any exceptions for recreational activities such as hunting or target shooting. Additionally, even if you are not the legal owner of a firearm, but live with someone who is and have a felony conviction, you could still face charges. Nonetheless, a knowledgeable firearms attorney may be able to help restore your gun rights if certain conditions are met. Specifically, if you have not been convicted of any new felonies for at least five years or misdemeanors for at least three years, you may be eligible to have your gun rights reinstated. It is worth noting, however, that those who were previously convicted of a class A felony or a sex crime are not eligible to have their gun rights restored.
CONSULT A SKILLED SEATTLE
FIREARMS ATTORNEY
If you are found in possession of an unlawful firearm, it may seem like there is no hope. Even if you did not know the firearm was unlawful, you can still face charges. However, working with an experienced criminal defense attorney can give you the opportunity to challenge the search that led to the discovery. Your attorney can examine the investigation for mistakes or violations of your rights that could result in evidence being excluded and charges being reduced or dismissed. In some cases, your lawyer may be able to prove that your possession of the firearm was lawful, such as if you had a concealed carry permit issued properly in one of the 50 US states.
When it comes to firearm rights, a felony or misdemeanor domestic violence conviction can result in a lifetime ban on possessing a firearm. This ban does not make exceptions for activities such as hunting or target shooting. Additionally, if you live with someone who legally owns a firearm but you have a felony conviction, you can still face charges. However, with the assistance of a skilled firearm lawyer, you may be eligible to have your gun rights restored if you meet certain criteria.
If you’re interested in restoring your gun rights or if you are facing a weapons charge, contact us online or call The Law Offices of Morgan Fletcher Benfield, PLLC at (253) 518-3643 to schedule a free and confidential consultation.
