Legal Question in Criminal Law in Washington

felon in poss. of fire arm

warrant serve for pot found gun with missing firing pin can they charge me


Asked on 9/16/08, 1:34 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: felon in poss. of fire arm

The answer is yes, you can be charged with the offense. Here's how one appellate court has addressed this issue:

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An unloaded firearm is not immediately operable, i.e., even if otherwise in working order the weapon must first be loaded before "a projectile or projectiles may be fired by an explosive such as gunpowder." RCW 9.41.010(1). Similarly, a "real gun" with the firing pin broken or temporarily removed, or with a trigger guard in place, or that is temporarily disassembled, is not immediately operable, but can be placed in working order in a relatively short time. It begs reason to assume that our Legislature intended to allow convicted felons to possess firearms so long as they are unloaded, or so long as they are temporarily in disrepair, or so long as they are temporarily disassembled, or so long as for any other reason they are not immediately operable.

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Unless the firing pin was removed and the gun altered to prevent future use altogether, it can be the basis for a charge unlawful possession of a firearm.

There are a multitude of issues and possible defenses with possession and firearm related crimes, particularly when a warrant is involved.

Enter a plea of Not Guilty and request or hire a lawyer.

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Answered on 9/16/08, 2:11 pm


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