An individual who has been convicted of any felony criminal offense in Washington loses their right to possess a firearm. In fact, it is a felony criminal offense for an individual who has been convicted of a felony to do any of the following:
- Own a firearm
- Possess a firearm
- Use a firearm.
The prohibition covers all types of firearms.
An individual may be convicted of unlawful possession of a firearm in the first degree if they own, possess, or use a firearm and have been previously convicted of any “serious” criminal offense. They may also be convicted of unlawful possession of a firearm in the first degree if they have been adjudged not guilty by reason or insanity of any “serious” criminal offense.
A long list of criminal offenses in Washington are considered “serious” offenses for the purpose of being a felon in possession of a firearm. All felonies in Washington are considered “serious offenses.”
There are other offenses that are considered “serious” as well. An individual who has a criminal conviction in their record should consult with an attorney about whether their conviction affects their right to own, possess, or use a firearm.
An individual may be convicted of unlawful possession of a firearm in the second degree if one of the following is true:
- The individual has been convicted of a felony in Washington.
- The individual has been convicted of a felony in another state that is the equivalent of a felony in Washington state.
- The individual has been found guilty of certain domestic violence offenses.
- The individual has been involuntarily committed for mental health treatment.
- The individual is subject to certain kinds of protection orders when they are found in possession of a firearm.
The firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law. In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. A local Washington attorney would be able to explain the offense in more detail.
An individual who has been convicted of being a felon in possession of a firearm can be sentenced to imprisonment for up to 10 years and payment of a fine of as much as $20,000 or both. The individual convicted must also give up any firearms that they own.
In addition, convictions of firearm offenses can result in deportation. A person would want to consult with an attorney about all the possible immigration consequences of conviction for being a felon in possession of a firearm.
Of course, the federal government has its own system of criminal law, and an individual may have been convicted of a federal felony criminal offense, which also means that the individual may not possess firearms under federal law.
A “firearm” is any device designed for use as a weapon that uses an explosion or combustion to expel a projectile through a barrel. It does not need to be loaded or even in good working order.
A “firearm” includes the following:
- Long guns,
- Handguns, and
- Firearms that are concealed.
Possession does not mean that the person had the firearm on their person or in their hand. Possession can be actual and constructive. The term “actual possession” is defined as follows in Washington:
- An individual has an item in their hand or on their person
- The item is within the reach of and under the control of an individual
- The item is in a container in the individual’s hand or on their person.
“Constructive possession” means knowingly having control over something, whether the control is direct, e.g., because an individual has it in their hand, or indirect, which is when the firearm is in a place controlled by an individual.
The law concerning how “possession” is defined can be quite technical. Again, an individual with a criminal record should consult with an attorney if they have been charged with a firearm possession offense.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
Being a felon in possession of a firearm is itself a felony criminal offense in Washington. As noted above, it may be a first degree or second degree felony offense, depending on the circumstances.
If convicted of a first degree felony offense, a defendant can face the following punishments:
- Incarceration in a state prison for a maximum of 10 years and/or
- Payment of a fine of up to $20,000.
If convicted of a second degree felony offense, a defendant may be sentenced to the following:
- Incarceration in a state prison for a maximum of 5 years and/or
- Payment of a fine of up to $10,000.
Can a Felon Be Around a Person With a Gun?
An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because “possession” may be defined as having control over an item. The law recognizes two types of possession:
- Actual possession and
- Constructive possession.
“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.
The term “constructive possession” means having access to a firearm or the right to control it, even when the item is not within an individual’s actual physical possession. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.
Even if the convicted felon does not own the firearm, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it.
What Weapons Can a Felon Own To Protect Themselves?
As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.
In Washington law, a “firearm” may be any of the following:
- Long guns
- Handguns
- Pistols
- Rifles
- Concealed firearms.
An individual with a felony conviction would want to be sure to consult specific local laws also, because municipalities may impose additional restrictions or requirements on the possession of such devices as tasers and stun guns by convicted felons.
Otherwise, an individual who has been convicted of a serious criminal offense might want to stay well away from firearms of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.
Can a Felon’s Gun Rights Be Restored?
An individual who has felony convictions may restore their right to possess a firearm in Washington. However, the process is complicated and time-consuming.
- Eligibility and Waiting Period:
- Defendants who have been convicted of non-violent felonies must wait for 5 years after completing their sentence.
- If the felony is a violent one, the defendant must wait for 10 years after completing their sentence.
- Rehabilitation: The defendant must show that they have been rehabilitated. This means that they have not been convicted of any additional crimes.
The process begins with the individual filing a petition in the superior court in the county in which they live. The petition would need to include documentation showing that they have completed their sentence and evidence of their rehabilitation.
The court then schedules a hearing. At the hearing, the defendant presents their evidence showing that they deserve to have their right to possess a firearm restored. An attorney experienced in firearm law can provide valuable assistance during this stage, helping to gather evidence and present a strong case.
Washington expungement is not effective for restoring gun rights in that state. In Washington, felonies may not be expunged but may be vacated. However, vacating a felony does not restore gun rights to the defendant. Restoring gun rights is accomplished through the process described above.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have been charged with being a felon in possession of a firearm, there are defenses available to you. LegalMatch.com can connect you to a Washington criminal defense lawyer who can review your case and identify any defenses that might be available. Your lawyer would also know how to negotiate a plea agreement that may preserve your right to own a firearm. You will get the best result with a qualified Washington criminal defense lawyer.
Your lawyer would also be able to represent you in restoring your gun rights if you have a felony conviction in your criminal record.
Jose Rivera
Managing Editor
Editor
Last Updated: Feb 10, 2025
