Washington Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Washington: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Washington, consult a licensed Washington criminal defense attorney.

Washington Illegal Weapons Possession Penalties

OffensePenalty
First OffenseClass B felony: up to 10 years (felon in possession)
Second OffenseClass A felony: up to life (prior serious offense)

RCW §9.41.040; possession by prohibited person; prior serious offenses enhance penalty

Illegal Weapons Possession Statute of Limitations in Washington

In Washington, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all Washington statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Washington

Common defenses in Washington illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Washington criminal defense attorney for advice.

Related Washington Laws