2ESSB 5268
In CommitteeSenate
Unlawful firearm possession
Imposing community custody after a conviction for unlawful possession of a firearm.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill reclassifies unlawful possession of a firearm in the first or second degree as a 'violent offense' under Washington’s sentencing laws, affecting how those convictions are treated in sentencing, supervision, and release decisions. The change is temporary and expires on January 1, 2026, unless extended by law.
- Amends RCW 9.94A.030 to add 'unlawful possession of a firearm in the first degree' and 'unlawful possession of a firearm in the second degree' to the legal definition of 'violent offense'.
- Makes firearm possession convictions subject to the same sentencing rules, restrictions, and consequences as other violent offenses (e.g., eligibility for earned release, sentencing enhancements, and offender scoring).
- Includes a sunset clause: the amendment to the definition of 'violent offense' expires on January 1, 2026, unless extended by future legislation.
- Adds a new section stating that the amendment takes effect on January 1, 2026, and includes a separate expiration for the first section (Sec. 1) on the same date.
Who is affected
- People convicted of unlawful firearm possession — Individuals convicted of unlawful possession of a firearm in the first or second degree will now have that conviction classified as a 'violent offense,' which affects sentencing, eligibility for early release, and other legal consequences.
- Courts and prosecutors — Courts and prosecutors will apply new sentencing rules and considerations because firearm possession is now legally categorized as violent, potentially influencing plea negotiations and sentencing decisions.
- People under community custody or parole supervision — People on community custody or parole may face stricter supervision or longer supervision periods if they have a prior unlawful firearm possession conviction, since it is now treated as violent.
- Department of Corrections and local jails — State and local correctional agencies will need to update policies, training, and recordkeeping to reflect the new classification of firearm possession as a violent offense.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (2)
By treating unlawful firearm possession as a violent offense, the bill may deter some individuals from possessing firearms illegally, especially those with prior violent histories, and could support more consistent sentencing for repeat firearm offenders — though the bill itself does not include enforcement or prevention components, the reclassification aligns sentencing severity with the risk posed by prohibited possession.
Public SafetyPeopleRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)The reclassification may improve public safety by ensuring that individuals who have previously been prohibited from possessing firearms (e.g., felons, domestic violence misdemeanants) face more meaningful consequences if they reoffend, potentially reducing repeat firearm possession and associated escalation to violent crime.
Public SafetyPeopleRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)
Potential Concerns (5)
Reclassifying unlawful firearm possession as a violent offense may increase perceived public safety by signaling stronger consequences for firearm offenses, but empirical evidence does not support that this reclassification reduces firearm-related violence — the offenses are non-violent by definition (possession without use or threat), and the bill does not include any配套 measures (e.g., enforcement, prevention) to reduce actual gun violence.
Public SafetyRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)Individuals convicted of unlawful firearm possession (which includes non-violent possession by prohibited persons such as felons, domestic violence misdemeanants, or those under domestic violence protection orders) will now face longer sentences, reduced eligibility for earned release, and stricter supervision — effectively increasing punishment without new conduct or harm, and disproportionately affecting low-income and formerly incarcerated people who may lack resources to challenge or appeal prior convictions.
Rights & LibertiesPeopleRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)People released from incarceration with a new 'violent offense' designation may face longer supervision periods and stricter employment screening, reducing their ability to obtain stable employment — particularly in fields requiring background checks — and increasing recidivism risk due to economic marginalization.
Business & EmploymentPeopleRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)Local jails and probation departments will face increased costs for supervising individuals classified as violent offenders, including more frequent reporting, electronic monitoring, and potential re-incarceration for technical violations — costs that are passed to counties without state reimbursement, straining local budgets.
Local GovernmentPeopleRef: Sec. 1, adding unlawful possession of a firearm in the first and second degree to the definition of 'violent offense' in RCW 9.94A.030(58)(a)(xv)-(xvi)The temporary nature of the reclassification (expires Jan. 1, 2026 unless extended) creates administrative uncertainty for courts, prosecutors, and correctional agencies, requiring repeated policy reviews and potential retroactive adjustments — wasting resources on a policy whose long-term viability is uncertain.
Local GovernmentRef: Sec. 3 & 4, sunset clause and delayed effective date (Jan. 1, 2026)
Who Is Most Affected
People convicted of unlawful firearm possession will face longer sentences, stricter supervision, and reduced eligibility for early release — disproportionately impacting low-income individuals, people of color, and those with prior convictions who may lack legal resources to challenge the classification.
Courts and prosecutors will apply more stringent sentencing rules, potentially increasing plea bargaining pressure and reducing sentencing discretion — though this may streamline processing for some cases, it also increases the risk of over-incarceration for non-violent offenses.
People on community custody or parole with prior firearm possession convictions may face longer supervision periods and stricter conditions, increasing administrative burden and risk of technical violations — but may also reduce recidivism if supervision deters reoffending.
Department of Corrections and local jails will need to update policies and training, potentially increasing costs for supervision and incarceration — though the bill includes no funding, agencies may face budget strain without offsetting savings from reduced recidivism.
Families and communities of those incarcerated or supervised longer may experience economic hardship due to lost income, increased legal/monitoring costs, and reduced employment opportunities — especially in communities already burdened by high incarceration rates.