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Unlawful Possession of a Firearm Defense

Aggressive defense against firearm possession charges in Vancouver, WA and Clark County.

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With 42% of the population being gun owners, Washington residents actively exercise their Second Amendment rights. However, under RCW 9.41.040, certain individuals are prohibited from owning, possessing, or having control of a firearm. The Law Office of Erin Bradley McAleer provides criminal defense representation for individuals facing firearm possession charges throughout Southwest Washington.

Two Degrees of Unlawful Possession

Unlawful possession of a firearm in the first degree applies to individuals who have lost gun rights due to a serious felony conviction. This is a Class B felony carrying up to 10 years in prison and $20,000 in fines. Unlawful possession in the second degree applies to those who lost rights due to crimes that are not classified as most serious offenses, and is a Class C felony carrying up to 5 years in prison and $10,000 in fines.

Charges and Penalties

Charge Applicability Classification Maximum Penalty
1st Degree Carrying a weapon after losing gun rights due to a serious felony Class B Felony 10 years / $20,000 fine
2nd Degree Possessing/carrying a firearm after losing rights due to non-most-serious offenses Class C Felony 5 years / $10,000 fine

Who Is Prohibited From Possessing Firearms

  • Individuals convicted of any felony offense
  • Individuals convicted of certain misdemeanor domestic violence offenses
  • Individuals subject to a qualifying protection or no-contact order
  • Individuals committed for involuntary mental health treatment
  • Individuals found not guilty by reason of insanity

How We Can Help

Our attorneys examine evidence for flaws and constitutional violations, challenge the prosecution's proof of knowledge and intent, protect your constitutional rights, and negotiate alternative sentencing options including diversion programs or probation.

  • Challenging the legality of the search and seizure that produced the firearm
  • Disputing actual or constructive possession of the weapon
  • Investigating whether the disqualifying conviction or order is still valid
  • Pursuing firearm rights restoration when eligible
  • Negotiating charge reductions or alternative resolutions including diversion programs

If you are facing unlawful possession of a firearm charges, contact McAleer Law today for a consultation. Our defense attorneys will thoroughly review the circumstances of your case and fight to protect your rights and your freedom.

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