Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Firearms Policy topic
No spam. Unsubscribe anytime.
Sponsor and law enforcement back classifying unlawful firearm possession as violent offense; defenders oppose
Summary
Senate Bill 5268 would designate unlawful possession of a firearm as a "violent offense," altering sentencing and offender-score calculations; supporters said the designation would increase prosecutions and officer safety, while defenders warned it would broaden violent-offense classifications and drive incarceration.
The Law & Justice Committee heard testimony Jan. 28 on Senate Bill 5268, which would classify unlawful possession of a firearm in both the first and second degree as violent offenses under Washington law.
Committee staff outlined current unlawful-possession definitions: unlawful possession after certain felony convictions or court orders may be charged in the first or second degree depending on the underlying conviction or order; classifying those offenses as violent would carry collateral consequences, including adjustments to offender scores and required community custody terms.
Senator Keith Wagner, sponsor, said the change responds to law enforcement concerns that unlawful possession is often not prosecuted and that classifying the offense as violent would give prosecutors a stronger tool and enhance public safety. “If they have a firearm, they intend to use it for bad purposes,” Wagner said in testimony representing the bill’s rationale.
Anne Anderson of the Washington State Narcotics Investigators Association testified in support, saying unlawful firearm possession is frequently encountered during narcotics operations and that treating it as a violent offense would increase the likelihood of prosecution and reduce gun violence.
Carrie Reardon, representing the Washington Defender Association and Washington Association of Criminal Defense Lawyers, opposed the bill and said unlawful possession by itself is not necessarily a violent act and that many people who lose firearm rights—such as those found not competent to stand trial—may possess weapons without violent intent. Reardon said charging possession as a violent offense risks increasing incarceration and disproportionately affecting people of color.
No vote occurred during the hearing; staff said the bill had many people signed in as proponents and opponents.
