Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
HB 2589
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to unlawful possession of a firearm in the first degree.
Brief Description: Making second degree unlawful possession of a firearm a predicate offense for first degree unlawful possession of a firearm.
Sponsors: Representatives Goodman, Ross, Hurst, Ladenburg, Kelley, Moscoso and Green.
Brief Summary of Bill |
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Hearing Date: 1/25/12
Staff: Edie Adams (786-7180).
Background:
A person is guilty of Unlawful Possession of a Firearm in the first degree if the person owns, possesses, or has in his or her control any firearm after having previously been convicted of a serious offense. "Serious offense" includes any crime of violence, any class B felony drug offense, any class B felony with a finding of sexual motivation, any felony with a deadly weapon verdict, Vehicular Homicide and Vehicular Assault when committed while under the influence of alcohol or drugs or while driving recklessly, and a number of other specified crimes.
Unlawful Possession of a Firearm in the first degree is a class B felony ranked at seriousness level VII under the Sentencing Reform Act (SRA). For a defendant who has no prior convictions other than the predicate serious offense, the standard sentencing range is 21-27 months.
A person is guilty of Unlawful Possession of a Firearm in the second degree if the person owns, possesses, or has in his or her control any firearm and the person:
has previously been convicted of any felony (other than a "serious offense");
has previously been convicted of certain specified gross misdemeanors;
has previously been involuntarily committed for mental health treatment;
is under the age of 18 (with some exceptions); or
is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense.
The gross misdemeanor offenses that serve as predicate offenses for Unlawful Possession of a Firearm in the second degree are any of the following offenses if committed by one family or household member against another: Assault in the fourth degree; Coercion; Stalking; Reckless Endangerment; Criminal Trespass in the first degree; or violation of provisions of a protection order or no-contact order restraining the person or excluding the person from a residence.
Unlawful Possession of a Firearm in the second degree is a class C felony ranked at seriousness level III under the SRA. For an offender who has no prior convictions, the standard sentence range is one-three months, and for an offender who has one prior felony conviction, the standard sentence range is three-eight months.
Summary of Bill:
A person is guilty of Unlawful Possession of a Firearm in the first degree if the person owns or possesses a firearm after having previously been convicted of the crime of Unlawful Possession of a Firearm in the second degree, other than an Unlawful Possession of a Firearm in the second degree conviction that is based on a predicate gross misdemeanor conviction.
Appropriation: None.
Fiscal Note: Requested on January 27, 2012.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.