Unlawful Possession of a Firearm.
A person commits the crime of Unlawful Possession of a Firearm in the first degree if the person owns, accesses, has in their custody, control, or possession, or receives any firearm after the person has been convicted or found not guilty by reason of insanity of a crime classified as a serious offense. Unlawful Possession of a Firearm in the first degree is a class B felony, ranked at seriousness level VII.
A person commits the crime of Unlawful Possession of a Firearm in the second degree if the person owns, accesses, has in their custody, control, or possession, or receives any firearm:
Unlawful Possession of a Firearm in the second degree is a class C felony, ranked at seriousness level III.
Community Custody.
Community custody is the portion of a person's criminal sentence served in the community under the supervision of the Department of Corrections (DOC) following the person's release from confinement. Courts are required to order community custody for persons convicted of certain offenses. For example, the court must impose one year of community custody when sentencing a person for an offense involving the unlawful possession of a firearm where the person is a criminal street gang member or associate.
A person in community custody is subject to conditions imposed by the DOC and the court. The DOC may establish and modify the person's conditions of community custody based on risks to community safety, and issue an arrest warrant if the person violates those conditions. A person who violates conditions of community custody may be subject to sanctions depending on the type of violation, the underlying offense, and other conditions.
The court is required to impose one year of community custody when sentencing a person for an offense involving the unlawful possession of a firearm regardless of whether the person is a criminal street gang member or associate, and the Department of Corrections is required to supervise such cases regardless of the person's risk classification.
The amended bill: (1) requires the Department of Corrections to supervise an individual sentenced to community custody for Unlawful Possession of a Firearm in the first or second degree regardless of the individual's risk classification; and (2) makes technical changes to amend the correct underlying statutes and session law, and have the bill take effect 90 days after adjournment of the session in which the bill is passed.
(In support) A person who unlawfully possesses a firearm demonstrates poor judgment and an unwillingness to follow the law. It is difficult to prove whether the person is a gang member, but that issue is ultimately irrelevant. Community custody has positive effects and is the bare minimum measure that should be imposed. Having a longer reentry transition offers better opportunities for support and accountability. Success is not catching and incarcerating the person for the rest of the person's life; it is preventing victimization from occurring in the first place. Additional amendatory language may be required to ensure that these cases are not screened out by the Department of Corrections.
There is some support for allowing discretion when imposing community custody for Unlawful Possession of a Firearm in the second degree, as that offense may be related to nonviolent, low-level crimes. Research has shown that imposing supervision on people who do not need it causes more harm than good. A more individualized application based on criminal history would be a better use of resources.
(Opposed) None.
Senator Keith Wagoner, prime sponsor; James McMahan, WA Assoc Sheriffs and Police Chiefs; Russell Brown, WA Association of Prosecuting Attorneys; and Keri-Anne Jetzer, WA State Sentencing Guidelines Commission.