Types of Firearm Offenses, "Use" and "Possession"

While we have always had severe criminal penalties for people who actually use firearms to commit crimes, the vast majority of firearm crimes prosecuted in Washington State involve some form of unlawful possession of firearms.

For a basic list of firearms laws in your state, go to nraila.org.

1) FIREARM USE OFFENSES

Obviously if someone is shot and killed with a firearm, the shooter can be charged with differing levels of Murder or Manslaughter unless it is a case of self defense. If shots are unlawfully and intentionally fired at someone or fired in a manner that recklessly endangers others, that offender can be charged with Assault First Degree, regardless of whether anyone is wounded or not(EX: "Road Rage"). These laws have been with us for over a century, and carry very, very severe punishments. In addition, they are subject to the addition of firearm enhancements which increase punishment just because it is a firearm that is used. (See "Hard Time for Armed Crime", below).

There are also lesser crimes involving the use or threatened use of firearms that are serious misdemeanors including:

Reckless Endangerment Third Degree

Unlawful Discharge of a Firearm

Brandishing a Firearm/Unlawful Display of a Firearm

Unlawful Use of a Loaded Firearm

"Hard Time for Armed Crime"

Several years ago, the citizens of Washington passed an initiative called "Hard Time for Armed Crime". It was a catchy sounding follow up to its predecessor,"Three Strikes You're Out!", an earlier initiative that required life sentences for persons convicted of three "Strike" offenses that can include anything from an unarmed robbery of a street corner barrista to an unarmed assault in a restaurant parking lot.

In an effort to "crack down" on gangs and gun related crimes in general, "Hard Time" allows Prosecutors to add firearm enhancements onto any offense in which a firearm is used, with a few exceptions. The most common crimes these enhancements are added onto are Assault First Degree, Assault Second Degree, all levels of Murder or Manslaughter, Robbery First Degree and Robbery Second Degree, Burglary First Degree and Kidnaping.

For any Class "A" felony such as Burglary First Degree, a firearm enhancement is five years in addition to the sentence for the underlying Burglary. For a Class "B" felony like Assault Second Degree, the enhancement is three years. These enhancements apply even if the gun is unloaded and even if the person does not fire, or has no intention of firing, the gun!.

Often, the firearm enhancement is worse than the original crime it's attached to.

For example: I know of a case where a hydroelectric engineer was charged with Assault Second Degree for allegedly pointing an unloaded gun at a drunk in a parking lot and telling him to "get away from me". Since he had a spotless record, his sentencing "range" for this offense was 3-9 months in jail if he entered a plea. He was offered a 3 months plea deal which, with "good time" off for good behavior, meant only 60 days in jail.

The engineer refused to accept the plea offer because he did not want a felony on his record. At trial, his self-defense claim argued by his public defender was rejected by the jury and he was convicted of Assault Second Degree plus a 36 month firearm enhancement. Because the judge felt sympathy for him, he was sentenced to the minimum of 3 months for the Assault Second Degree, but the judge had no power to reduce the firearm enhancement and was forced to impose an additional 36 months. What is worse is there is no "good time" reduction for firearm enhancements; you serve the full 36 months.

So, this engineer who could have done 60 days in a county jail ends up doing a grand total of 38 months in state prison, virtually all of that time mandated by the firearm enhancement.

By the time this man called me after his conviction from jail, I was unable to help him. He relied on an overworked Public Defender who simply didn't have the experience or know how to win these kinds of cases. What he saved in attorney fees by relying on a good natured but overworked public defender, he's now paying for in prison time!

Don't let this happen to you; Call toll free today, (877)-242-4808 for an immediate consultation.

2)UNLAWFUL POSSESSION OF A FIREARM

Possessor's Status vs. Nature of the Firearm

There are basically two types of laws dealing with unlawful possession of firearms; one type focuses on the status of the possessor, while the other type focuses on the nature of the particular firearm.

Possessor's Status

One of the most serious and certainly the most common felony charge involving firearms is Unlawful Possession of a Firearm First or Unlawful Possession of a Firearm Second Degree. The first is a Class "B" felony, the second a Class "C" felony. These crimes result when a person either adult or juvenile, previously convicted of a felony in this state, another state, or in Federal Court, possesses any kind of firearm.

It does not matter whether the prior felony conviction was as a juvenile or as an adult. This offense is frequently referred to as Felon in Possession of a Firearm . In Washington, it is formally known as a Violation of the Uniform Firearms Act, or VUFA, for short.

First Degree

A person, whether adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted, either as an adult or juvenile, of any serious offense such as:

1. Any "crime of violence" including all Class A felonies, and many Class B felonies;

2. Any degree of Burglary

3. Any Class B controlled substance offense such as delivery or possession with intent to deliver methamphetamine, heroin, or cocaine;

4. Almost any felony sex offense including promoting prostitution or sexual exploitation;

5. Vehicular Homicide or Vehicular Assault;

Second Degree

A person, whether adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted, either as an adult or juvenile, of:

1. any other felony offense;

2. any gross misdemeanor charge of Assault Fourth Degree, Coercion, stalking, reckless endangerment, violation of a no contact or protection order or criminal trespass in the first degree involving Domestic Violence;

In addition, a person may be charged with Unlawful Possession of a Firearm Second Degree without having previously been convicted of any crime if:

1. The person is under 21 years of age (with certain exceptions)

2. The person is free on bond or otherwise released pending trial, appeal, or sentencing for a serious offense.

REMEMBER THAT EACH FIREARM ILLEGALLY POSSESSED SUPPORTS A SEPARATE CHARGE OF VUFA, AND WILL BRING AN EXTREMELY LONG PRISON SENTENCE!

Other Firearm Possession Offenses

There are also other very serious and related crimes involving firearms possession including theft of a firearm and possession of a stolen firearm. These are relatively new laws intended to deter commercial and residential burglaries targeting theft and trafficking in firearms. For these offenses, as well as either degree of Unlawful Possession of a Firearm, beware that a separate charge can be brought for each firearm stolen or possessed, and that each sentence runs consecutively or "back to back" with one another.

AGAIN, THE MORE GUNS STOLEN OR STOLEN GUNS POSSESSED, THE MORE CHARGES AND THE LONGER THE POSSIBLE PRISON SENTENCE!

Offenses Based on Nature of the Firearm

It is also against the law in Washington to possess certain types of firearm, regardless of whether you have any criminal record or are under the age of 21 years. These include:

Possession of a Machine Gun

Possession of a Short Barreled Rife (barrel less than 16 inches)

Possession of a Short Barreled Shotgun (barrel less than 18 inches).

WATCH OUT FOR THE FEDS!!!

The Federal government also has strict laws and harsh punishment for being a felon in possession of a firearm, trafficking in stolen firearms, or possessing machine guns. The last place you want to be charged with a firearm's offense is in Federal District Court.

As you can see, any accusation involving the presence of a firearm is EXTREMELY serious!! Don't Hesitate. The longer you wait before hiring a good attorney, the more difficult your defense becomes. Call me NOW for a free consultation, toll free (877)242-4808!