Every year, brave men and women all over the country enlist in various branches of the United States Armed Forces. Many of these individuals reside in the Tacoma area and whether they join the Army, Navy, Air Force, Marine Corps, Coast Guard, Reserves, or the National Guard, they will dedicate part of their lives to protecting America, be held to an extremely high standard of conduct, and will assuredly receive some degree of firearm training.
Because firearms are so essential to the military’s function, there is considerable emphasis placed on proper instruction, etiquette, and safety. As such, there are strict regulations on how weapons are used on or off a military base, and the penalties when military members violate these rules are extremely harsh. At The Law Offices of Morgan Fletcher Benfield, PLLC, we know how complex military regulations can be, especially when civilian criminal charges come into play. We’re here to help you address these matters quickly and with as little impact on your military career and life in general.
If you’re a member of the military, charged with a firearms offense in the Tacoma area, call (253) 518-3643 today and schedule a free consultation with military weapons lawyer Morgan Fletcher Benfield.
Gun Regulations for Active Duty Military Members
There are very precise ways that service members are authorized to possess and use weapons while on active duty. Some of these standards include:- Possessing Weapons on Base: Military personnel are not generally permitted to carry firearms on a base that haven’t been issued to them, or are not the standard type supplied. However, there is some leeway when it comes to officers because there is precedent in military law that allows officers to be armed at all times.
- Remaining Compliant with State Laws: Active-duty members of the armed forces must abide by state firearm laws when not serving in a military capacity. For example, a soldier may carry a firearm when he or she is serving; however, when that same soldier is off-duty, they must have a valid concealed carry permit to continue wearing their firearm.
- Demotion in rank and pay
- Loss of Security Clearance
- Official reprimands included in your military file
- Possible court martial and dishonorable discharge.
Civilian Firearm Charges in Washington
If a service member is charged with a firearm offense, when they are off base or on leave, they will typically face the civilian court system, depending on the circumstances. The state of Washington prosecutes gun cases aggressively and a firearm conviction can lead to some dire penalties, such as losing your gun rights, which has been shown to be a condition of military service, expensive monetary fines, and possible time behind bars, in addition to a mark against your criminal record and any punishments handed down by the military. These are some of the most common weapon charges & penalties- Unlawful Possession of a Firearm in the First Degree (RCW 9.41.040)– Punishable as a class B felony a possible 10-year prison sentence and a $20,000 fine, this charge specifically deals with instances of an individual being found in possession of a firearm with a prior violent crime or another weapon related felony.
- Unlawful possession of a Firearm in the Second Degree (RCW 9.41.040)– This is a lesser charge under the statute as a class C felony, punishable by up to five years in prison and a $10,000 fine and is reserved for offenders in possession of a firearm for less violent previous conviction, including stalking, fourth-degree assault, or violating a protective order.
- Carrying a Concealed Weapon (RCW 9.41.050) – While members of the military are permitted to carry firearms as part of their service, Washington law demands off-duty personnel to comply with the state’s concealed carry laws, which requires a background check and official permit. As a result, to have a legal firearm in your possession, you must have proper licensing and be following state regulations. If you are accused of violating these rules, you will be charged with a simple misdemeanor punishable by up to 90 days in jail and up to a $1,000 fine.
- Possessing an Illegal Firearm (RCW 9.41.250) – Certain firearms are completely banned by state law. For example, the manufacture, transport, purchase, possession, or sale, of a machine gun, short-barreled rifle, or any of their essential parts is illegal in Washington. This can sometimes lead to very serious charges for a member of the military, who may have occasion to operate them; however, there are exceptions that apply to some members of law enforcement or individuals licensed under federal law. Possession of these weapons is considered a class C felony with penalties up to five years in prison and fines up to $10,000.
- Other Dangerous Weapons (RCW 9.41.250) – These are items considered too dangerous to carry on your person and include items like slingshots, clubs, brass knuckles, spring-loaded knives, daggers, or a suppression device that can be affixed to a firearm. There are some items that may be deemed appropriate for a military function, but off base can result in a gross misdemeanor charge and a possible one-year jail sentence and fines up to $5,000.
