Penalty for suppressor use in WA?

[Atroxus]

Anyone know what the min/max penalty for use of a suppressor is in Washington? Does a conviction forfeit your suppressor? I read in another thread that it is just a misdemeanor, but it got me wondering if a conviction would be enough to lose rights to own firearms or anything. If the penalty is pretty small though maybe it might make sense to exercise some civil disobedience to help get the laws changed? Anyone else have thoughts on this?

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[SonicBlue03]

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.250

Call an attorney and ask what the penalty for "gross misdemeanor" is and decide for yourself if the risk is worth it. G/l.



Edit: Some more for you.

(2) Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

(b) All crimes other than felonies and misdemeanors are gross misdemeanors.

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.20.010

 

[Atroxus]

Thanks for the info. I was able to find more info about gross misdemeanors in the link you provided. Sounds like any gross misdemeanor could carry a sentence of up to a year in jail, and/or a fine of up to $5,000.


http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.20.021
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

 

[SonicBlue03]

No problem.

 

[Ranb]

.....Does a conviction forfeit your suppressor? I read in another thread that it is just a misdemeanor, but it got me wondering if a conviction would be enough to lose rights to own firearms or anything. If the penalty is pretty small though maybe it might make sense to exercise some civil disobedience to help get the laws changed?.....

You do not even need to break any law to get your silencer taken from you in WA. Ask Bhowe what happened to him when a person accused him of shooting suppressed.

It is better if we join forces to get the law changed. Write to Representative Pedersen and urge him to give bill 1604 a chance next session. No one is going to see "people determined to make a change" if we start getting caught using silencers. They will see irresponsible gun owners and "criminals". Too many gun owners in WA think silencers are criminal now anyway, no reason to give them anything to use against us.

Ranb

 

[Tactical SS]

So how does a local Firearm retailer have suppressors for sale and claim it's legal to own them in Wa? What are the requirements?

Is it one of those legal to own, not legal to use things?

 

[MacBookProAR]

So how does a local Firearm retailer have suppressors for sale and claim it's legal to own them in Wa? What are the requirements?

Is it one of those legal to own, not legal to use things?

in-short... yes

 

[Bhowe]

So how does a local Firearm retailer have suppressors for sale and claim it's legal to own them in Wa? What are the requirements?

Is it one of those legal to own, not legal to use things?

Exactly. Just got mine back after about 3 months of run-arounds. The officers that arrived at the pit we were shooting at (not shooting suppressed, just shooting) had told us it was a felony just to posess them. They have since changed their story to follow the actual law...the only written law in WA state regarding Silencers, which is their use. I am still under the belief that Snohomish County is going to attempt to charge the other individual, however I am not in contact with him. I was just told over and over again after finding out that I would in fact get it back, that the situation is not the same for both of us.

Normally to sell one all you need is a class 3 FFL. To buy one normally one would take his/her Form 4 to local Law Enforcement and have the Chief/Head LE sign off on it. Unfortunatly, they do not sign off on them. They do a kind of 'Pocket Veto' where they put it in a pile and just never get around to doing it. From there you have two options. 1. Sue the police department and force them to do their job, sign off or give a legal reason why they could not (you are a felon etc). 2. Bypass local L.E. and have your silencer or AOW put into a business (LLC etc) or a Revokeable Living Trust. For whatever reason, if it is being put into one of those, you would not need the L.E. signature on the Form 4. Instead you send a $200 check along with the Form 4 and copies of certain pages of your LLC or RLT and wait about 3 months. When they come back signed with the $200 stamp, you can take your can home...just don't shoot it in this state.

One thing to note (which has been brought up in other posts) is that there are no exemptions for LE when it comes to the laws of usage in this state. In other words, it is still illegal for an officer of the law to shoot with a silencer. You can clearly see the exemtions for LE carrying switchblades to and from work, but no exemption for shooting a silencer. Yet they do it all the time. If I could get my hands on video of them shooting silencers in the state, I would sue big time. Not for money, but for a change in Law.

 

[Selftest]

Basically, all laws in WA state boil down to this;

If something is not expressly prohibited, it is allowed.

In reference to suppressors, it is expressly stated that it cannot be used within the state, but there is no expressed prohibition of owning them.


Depening on who your closest neighboring states are, it may be useful for you to own one or more. For me, up here in Bellingham, it isn't. If you lived just north of the Columbia, it may be worth it.

Writing your Rep is a great idea. Somewhere is the HR # for the specific suppressor bill we have going.

 

[Ranb]

The bill to allow silencer use is right here. http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1604&year=2009 Write Pedersen and ask him to allow it a hearing in committee.

Ranb

 

[8ball]

Please write to Rep Pedersen. I put some suggestions for letters in this thread http://www.northwestfirearms.com/forum/showthread.php?t=30125

Pedersen is responsible for HB1604 on the House Judiciary Committee.

 

[Atroxus]

You do not even need to break any law to get your silencer taken from you in WA. Ask Bhowe what happened to him when a person accused him of shooting suppressed.

It is better if we join forces to get the law changed. Write to Representative Pedersen and urge him to give bill 1604 a chance next session. No one is going to see "people determined to make a change" if we start getting caught using silencers. They will see irresponsible gun owners and "criminals". Too many gun owners in WA think silencers are criminal now anyway, no reason to give them anything to use against us.

Ranb

Ya, I was following that thread. He got his silencer back though. I was just curious what the penalties were for a conviction. Apparently they can be pretty brutal.

 

[wired]

Ya, I was following that thread. He got his silencer back though. I was just curious what the penalties were for a conviction. Apparently they can be pretty brutal.

Yep. Its a misdemeanor. You could always ask the people that have been convicted of using a silencer in Washington statewhat their sentence actually was. Oh wait...There arent any. No one has EVER been convicted under that law.
You can do what Ranb is doing and rail against the law or you can do what the rest of us do and either use them out of state or not worry at all about an unenforceable law with no judicial history.

 

[Ranb]

It is a gross misdemeanor. http://www.wsba.org/media/publications/pamphlets/criminal.htm One year in jail and/or a $5,000 fine.

Not only am I railing (complaining and criticizing) against the law, I am talking to politicians, meeting them, attending meetings in Olympia, educating gun owners and make educational videos on firearms.

I take every chance I have to use my suppressed guns while outside of WA. I have not been using them in WA as I do not want to be the next person who loses a silencer (even for a short time) when a fellow gun owner rats on me. I am accused of being a criminal too often online. If I screw up at the range and use a silencer, I'm sure one of the many back stabbing gun owners in this state will be there to show me the error of my ways.

From what I have read, the person who was with Mr Howe when he lost his silencer has not had his returned, and charges are pending. The law is enforceable. The DA's just pick and choose who to use it on. They will not seize police silencers when they are used, but it is obvious that some other civilians are losing theirs.

Ranb