Legal Question in Criminal Law in Washington

Re: illegal firearm possession

Both charges likely carry jail time for a conviction. The length of jail time depends on the seriousness of the charge (Unlawful possession of firearm 1st degree > 2nd degree) and the offender score (felony conviction only).

It is not uncommon for charges involving stolen property to take longer to file; the prosecutor must identify or locate the owner to prove the property was stolen. The statute of limitations (time to file charges) is at least 3 years, although it should never take that long.

Not every arrest for unlawful possession of firearm leads to formal charges. Your friend may fit within one of several exceptions to the general rule that felons and certain other persons cannot lawfully possess firearms.

If charges have not been filed, your friend should determine whether s/he is prohibited and if so, whether s/he may be able to restore firearm rights prior to the filing of charges. While not a defense to the charge, it often helps when negotiating with prosecutors. More importantly, if your friend is able to come out of this with only misdemeanors, there would be no loss of firearm rights . . . again.

Your friend should seek competent legal counsel.