Unlawful possession of a firearm in Washington is a felony under RCW 9.41.040 that applies when someone barred from having a gun owns, carries, or controls one. The offense splits into two degrees: first degree is a class B felony carrying up to ten years in prison and a $20,000 fine, and second degree is a class C felony carrying up to five years and a $10,000 fine. Which degree you face depends on why you’re prohibited, and the sentence you actually receive depends on your criminal history rather than the statutory ceiling.
Who Is Prohibited From Having a Firearm
RCW 9.41.040 names several groups who lose the right to possess a firearm. The largest is people with prior convictions. Anyone convicted of a felony classified as a “serious offense” under RCW 9.41.010 falls into the first-degree category. That list is broader than most people expect: it covers crimes of violence, class B felony drug offenses, second-degree child molestation, incest involving a child under fourteen, drive-by shootings, vehicular assault or vehicular homicide by impairment, and sex offenses including indecent liberties and sexual exploitation.1Washington State Legislature. RCW 9.41.010 Definitions Attempting any of those crimes counts too. A person found not guilty by reason of insanity of a serious offense is treated the same as a person convicted of it.
Any other felony conviction — one not on the serious offense list — still prohibits firearm possession, but at the second-degree level.2Washington State Legislature. RCW 9.41.040 Unlawful Possession of Firearms Penalties
Certain misdemeanors trigger the prohibition when committed against a family or household member on or after July 1, 1993. These include fourth-degree assault, coercion, stalking, reckless endangerment, first-degree criminal trespass, and violating a protection or no-contact order.
The statute also reaches people who have never been convicted of anything. You’re prohibited if you were involuntarily committed for mental health treatment under chapter 71.05 or 71.34 RCW, if you’re under eighteen (with narrow exceptions under RCW 9.41.042), or if you’re out on bond or personal recognizance awaiting trial, appeal, or sentencing for an offense under the firearms chapter. Being subject to a domestic violence or sexual assault protection order also triggers a prohibition.
First Degree vs. Second Degree
To convict on a first-degree charge, the prosecution must prove you owned or had control of a firearm, that you previously were convicted of (or found not guilty by reason of insanity of) a serious offense, and that the possession happened in Washington. The knowledge element attaches to the possession itself — you must have knowingly owned or controlled the firearm. Prosecutors do not have to prove you knew your prior conviction disqualified you.
Second-degree charges catch everyone else who is prohibited: those with any non-serious felony conviction, the qualifying domestic violence misdemeanors, people under eighteen outside the statutory exceptions, individuals under an involuntary mental health commitment, and those out on bond for a firearms-chapter offense. The knowledge requirement works the same way.
What Counts as Possession
Washington reaches beyond actual, hands-on possession. Actual possession — the gun on your body, in your hand, or in your bag — is the simple case. Constructive possession is where charges most often become contested. You can be charged even if you never touched the firearm, provided the prosecution shows you had dominion and control over it. A gun in your nightstand or your glove compartment can be attributed to you on that theory.
But merely controlling the premises where a firearm is found is not enough. The Washington Supreme Court has held that owning a home and having temporary access to a firearm inside it does not, by itself, establish constructive possession. Courts look at whether the gun was in a space only you used, whether your personal belongings were nearby, and whether specific evidence tied you to the weapon rather than to some other occupant.
This matters in shared housing. If you’re a prohibited person living with someone who legally owns firearms, the prosecution has to show you personally exercised control over the weapon, not just that you lived at the address. A gun in your personal closet, on your side of the bed, or in a locked container only you can open changes that picture quickly.
Penalties and Sentencing
The statutory maximums — ten years and $20,000 for first degree, five years and $10,000 for second degree — set the ceiling, not the starting point.3Washington State Legislature. RCW 9A.20.021 Maximum Sentences for Crimes Committed July 1 1984 and After Washington sentences these offenses through its Sentencing Reform Act grid, which combines the seriousness level of the crime with the defendant’s offender score, a tally of prior convictions. First-degree unlawful possession sits at seriousness level VII; second-degree lands at level III.4Washington State Legislature. RCW 9.94A.515 Table of Offenses A person with no prior convictions faces a standard range well below the maximum. Someone with a long record can face a range that approaches it.
Two sentencing rules specific to these charges are worth knowing. If you’re convicted of unlawful possession alongside theft of a firearm or possession of a stolen firearm, those sentences run consecutively rather than concurrently. And the firearm sentencing enhancements that add years to other felonies do not apply to unlawful possession itself; the legislature excluded these offenses from enhancement eligibility. A person under eighteen convicted of possessing a firearm in a vehicle may also lose their driver’s license.
Federal Consequences to Keep in Mind
A Washington charge does not stand alone. Federal law under 18 U.S.C. § 922(g) independently prohibits firearm possession for anyone convicted of a crime punishable by more than one year in prison, anyone subject to certain domestic violence restraining orders, anyone convicted of a misdemeanor crime of domestic violence, and anyone involuntarily committed to a mental institution.5Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts Federal penalties reach ten years, and federal prosecutors sometimes file independently or in parallel with state charges.
Defenses That Come Up
How strongly any of these lands depends entirely on the facts.
- Lack of knowledge. Because the statute requires that you knowingly possessed the firearm, someone who genuinely didn’t know a gun was in a bag, a car, or a shared space has a real defense. The prosecution still has to prove awareness.
- No dominion or control. In multi-occupant housing, the defense pushes back on the claim that a firearm found in a common area was yours to control. Address alone is not enough.
- Temporary or innocent possession. Briefly handling a firearm for a lawful purpose, such as moving it out of a child’s reach or turning it in to police, may not be the kind of possession the statute targets. The contact has to be fleeting and the intent short of ongoing control.
- The prior conviction doesn’t qualify. Not every felony triggers first-degree treatment, and not every misdemeanor triggers a prohibition. A charging decision that leans on the wrong predicate can be challenged.
- Rights were already restored. If a court restored your firearm rights before the alleged possession, the prohibition did not apply. The restoration order is the proof.
Forfeiture of the Firearm
The gun itself is subject to forfeiture under RCW 9.41.098. On a conviction for violating the firearms chapter, the court is required to order the firearm forfeited to the seizing agency.6Washington State Legislature. RCW 9.41.098 Forfeiture of Firearms Disposition Confiscation In other scenarios the court has discretion to order forfeiture even without a conviction on the possession charge. Once forfeited, the weapon is destroyed or disposed of under agency policy, and it will not be returned unless the case is dismissed or a court orders otherwise. Forfeiture is a property consequence that sits on top of any criminal sentence.
Restoring Firearm Rights
Washington allows some prohibited people to petition the superior court for restoration of firearm rights under RCW 9.41.041, with strict eligibility rules.7Washington State Legislature. RCW 9.41.041 Restoration of Firearm Rights Some people can never petition at all: anyone convicted of, or found not guilty by reason of insanity of, a felony sex offense, a class A felony, or any felony carrying a maximum sentence of twenty years or more.
For those who are eligible, the statute requires a consecutive crime-free waiting period in the community before filing:
- Five years for any felony conviction, or for qualifying misdemeanor and gross misdemeanor convictions involving domestic violence, stalking, cyberstalking, cyber harassment, harassment, aiming or discharging a firearm, unlawful carrying, certain animal cruelty offenses, DUI-related prior offenses, or violating a protection order.
- Three years for any other non-felony conviction that caused the prohibition.
A petitioner must also have no pending criminal charges, must have completed all sentencing conditions other than non-restitution fines and fees, and must have no prior felony convictions that would count toward an offender score. People whose prohibition comes from an involuntary mental health commitment use a separate process under RCW 9.41.047 requiring a showing that they no longer present a danger.
One boundary to be clear about: a Washington restoration order does not lift the federal prohibition under 18 U.S.C. § 922(g). The federal restoration process under 18 U.S.C. § 925(c) has been effectively unavailable for decades because Congress has repeatedly declined to fund the ATF’s processing of applications. As of early 2026, the Department of Justice has published a proposed rule that would open some path to federal restoration, but no final rule is in effect and no applications are being accepted.8Office of the Pardon Attorney. Federal Firearm Rights Restoration under 18 USC 925(c) Possessing a firearm after a state restoration but while still federally prohibited can be prosecuted federally.