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Unlawful Possession of a Firearm

  • Possession of a Firearm - First Degree

    A person, adult or minor, is guilty of Unlawful Possession of a Firearm in the First Degree if they have any firearm in their possession or control after previously being convicted, or found not guilty by reason of insanity, of a crime defined as a"serious offense". Unlawful Possession of a Firearm in the First degree is a Class B felony.

  • Possession of a Firearm - Second Degree

    Unlawful Possession of a Firearm in the Second degree is a Class C felony. It is chargeable when a person possesses, controls, or owns a firearm after having been convicted of a crime not listed as being barred under the first degree charge. Second Degree Possession is chargeable if domestic violence charges enhanced a prior criminal conviction for Fourth Degree Assault, coercion, stalking, reckless endangerment, First Degree Criminal Trespass, or Violation of a Protective Order. Additionally, Unlawful Possession of a Firearm in the Second Degree occurs if someone has possession or control of a firearm while free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense. For both first and second degree charges, each firearm that is unlawfully possessed will result in a separate and distinct charge.

9.41.040

Minor in Possession of Firearm

Anyone under the age of eighteen may not possess a firearm unless they are: a) attending a firearm or hunting safety course; b) practicing or target shooting at a government authorized firing range; c) hunting or trapping under a valid license; d) on land owned or controlled by a parent, relative or legal guardian; or e) is on duty as an active member of the United States armed forces, national guard, or organized reserves. Possession of a firearm not meeting any of the above criteria is subject to an Unlawful Possession of a Firearm in the Second Degree charge.

9.41.042

Carrying a Concealed Weapon

Unless it is within a residence or fixed place of business, it is illegal to carry a concealed pistol unless they are licensed. The license is to be carried on that person at all times they are carrying the firearm. Violation of this provision is a misdemeanor.

9.41.050

Possession of Dangerous Weapon

A person can be charged with Possession of a Dangerous Weapon if they manufacture, sell, dispose of, or possess an instrument or weapons such as a sling shot, sand club, metal knuckles, spring blade knife, or any knife with a blade that is automatically released by a spring mechanism. This charge is also appropriate if someone furtively, while attempting to conceal, carries a dagger, pistol or other dangerous weapon, or uses any device to suppress the noise of a firearm. Possession of a Dangerous Weapon is a gross misdemeanor.

9.41.250

Alien's License to Carry Firearm

It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, without first having obtained an alien firearm license from the director of licensing. To be eligible for a license, an alien must provide proof that he or she is lawfully present in the United States, which the director of licensing will verify through the appropriate authorities.

9.41.170

Possessing a Stolen Firearm

Possession, transportation, delivery or sale of a firearm known to be stolen is a Class B felony, regardless of the value of the firearm. Possession of multiple firearms is chargeable as a separate offense for each firearm in your possession.

9A.56.310


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Disclaimer:
The information contained in this website is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Any email sent via the Internet using email addresses listed in this website would not be confidential and would not create an attorney-client relationship.