Firearm Theft Offenses In Washington

FIREARM THEFT OR POSSESSION OF A STOLEN FIREARM

Theft Offenses Specific to Firearms

Washington State has offenses for both Theft and the Possession of Stolen Property; but those charges do not apply to cases regarding Firearms. Washington State has specific charges for allegations of both theft of firearms or the possession of a firearm that has been stolen.

Are these offenses misdemeanors or felonies?

Almost all offenses involving firearms are felonies, and that is the case for both of these charges. Read about each charge and the potential consequences of them below.

THEFT OF A FIREARM

Definition of Theft of a Firearm

RCW 9A.56.300 defines the Theft of a Firearm very simply as committing a theft of any firearm as defined by RCW 9.41.010, so understanding the definition of Theft is essential to understanding this charge.

Theft Defined:

Under RCW 9A.56.020, Theft is defined as:

wrongfully obtaining or exerting control over,
the property of or services (or value of) of another,
with the intent to deprive that person of the property

To convict a person of a crime, the State must prove all of these elements beyond a reasonable doubt. For a breakdown of each element and what it takes to prove it, for example, what the definition is of “wrongfully obtaining or exerting control” read more here.

This charge is a Class B felony.

Potential Outcomes for a charge of Theft of a Firearm

As a Class B felony, this charge has serious consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for a Class B felony range as follows:

0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the Alleged Victim

POSSESSING A STOLEN FIREARM

Definition of Possessing a Stolen Firearm

RCW 9A.56.310 defines Possessing a Stolen Firearm as:

Doing any of the following:
- Possessing,
- Carrying,
- Delivering,
- Selling, or
- Being in control of
A stolen firearm

This charge is a Class B felony.

What kind of Firearm?

The State will bear the burden of proving the firearm was stolen. Beyond that, a firearm has a broad definition including parts of a firearm or novelty firearms, a complete list of the definition of a firearm can be found in RCW 9.41.010.

What legally constitutes Possession?

In Washington possession is defined very loosely by law, which can make these cases difficult to defend. Possession can be proved if the facts support that you had the power to possess the item, even if you were not physically in possession of it at the time. This is discussed in detail below, as this is a complicated subject.

RCW 82.21.020 outlines two definitions of, possession. Possession may be actual, or constructive.

Actual Possession

Actual Possession means the person has physical possession of the item. For example:

Holding the item
Item is on your person or in your clothing or bag

Constructive Possession

Constructive Possession means you do not physically possess the item, but have power or dominion over the physical space where the item is. For example:

The item is in your general vicinity
The item is in your home or car

Potential Outcomes for a charge of Possessing a Stolen Firearm

As a Class B felony, this charge has serious consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for a Class B felony range as follows:

0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the Alleged Victim

WHAT CAN YOU DO ABOUT A CHARGE FOR THEFT OF A FIREARM OR POSSESSION OF A STOLEN FIREARM?

What should I do if I am accused of a one of these charges?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with either of these firearms charges?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. For felony theft charges you may qualify for drug court which is a diversion program for people struggling with addiction. Theft charges often are related to addiction, we have experience with this and can help you address both without judgment to benefit your case.