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Wrongful Possession Of A Firearm In Washington
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US-000303
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FAQ
“Constructive possession” means the defendant, although not actually possessing an object, knowingly exercised dominion or control over it, either acting alone or through another person. “Dominion or control” means either actual ownership of the object or power over it.
A person who has direct physical control of something on or around his or her person is then in actual possession of it. A person who is not in actual possession, but who has both the power and the intention to exercise control over something is in constructive possession of it.
Under Washington law, your prior felony convictions "disappear" for purposes of firearm rights restoration once you have gone a certain number of years without committing any new crimes. The courts call this the "wash out" period. Class B felony: The wash out period is 10 years.
Penalties for Unlawful Possession of a Firearm in the First Degree in Washington: Unlawful possession of a firearm in the first degree is a class B felony, which RCW §9A. 20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both.
Constructive possession occurs when there is no actual physical possession but there is dominion and control over the substance. Proximity alone without proof of dominion and control is insufficient to establish constructive possession.
Per RCW 9.94A. 706, constructive possession means the power and intent to control the firearm, ammunition, or explosives. For example, a firearm kept in the car or home for self-defense constitutes constructive possession of the firearm.
Can I have my gun rights restored under Prop 64? Yes, if the court grants a request to redesignate a felony offense as a misdemeanor or infraction, thereafter the crime will be treated as a misdemeanor or infraction for all purposes.
Firearm rights can be restored after a felony conviction in Washington, so long as the following requirements are met: You have gone any five consecutive years in the community without being convicted of any crime. These do not necessarily have to be the most recent five years.
Firearm rights can be restored after a felony conviction in Washington, so long as the following requirements are met: You have gone any five consecutive years in the community without being convicted of any crime. These do not necessarily have to be the most recent five years.