All the Different Ways You Can Be Ordered to Forfeit Your Firearm in Washington State?

Published on September 7, 2021
Duration: 12:20

This video, presented by William Kirk of Washington Gun Law, details the nine ways a firearm can be ordered forfeited in Washington State under RCW 9.41.098. It clarifies that forfeiture is often temporary and outlines exceptions, such as stolen firearms or lack of probable cause. The discussion emphasizes responsible gun ownership and awareness of legal statutes.

Quick Summary

In Washington State, RCW 9.41.098 outlines nine ways a firearm can be ordered forfeited by a court. These include carrying concealed without a license, possession by prohibited persons, or use during a crime. Forfeiture is often temporary, and firearms may be returned if stolen or if the owner lacked knowledge or consent to the violation.

Chapters

  1. 00:03Introduction to Firearm Forfeiture in WA
  2. 00:42Like, Subscribe, and Comment
  3. 01:19Focus Statute: RCW 9.41.098
  4. 01:42What is Firearm Forfeiture?
  5. 02:59Reason 1: Concealed Carry Without License
  6. 03:11Defense for Concealed Carry Forfeiture
  7. 04:24Reason 2: Improper Commercial Sale
  8. 04:33Reason 3: Possession by Prohibited Person
  9. 05:28Reason 4: Possession During Felony/Crime w/Firearm
  10. 05:46Reason 5: Under Influence in Restricted Area
  11. 06:09DUI and Firearm Forfeiture Example
  12. 07:14Reason 6: Possession While on Bail/Recognizance
  13. 07:27Exception for RCW Title 77
  14. 08:14Reason 7: Possession by Mentally Incompetent Person
  15. 08:52Reason 8: Violation of Court Order
  16. 09:00Reason 9: Use in Commission of Crime
  17. 09:51Avoiding Forfeiture: Exceptions
  18. 10:07Exception: Stolen Firearm
  19. 10:18Exception: Lack of Owner Knowledge/Consent
  20. 11:00Exception: No Probable Cause Determination
  21. 11:42Contact Washington Gun Law
  22. 11:58Conclusion: Know the Law

Frequently Asked Questions

What is the primary law governing firearm forfeiture in Washington State?

The primary statute governing firearm forfeiture in Washington State is RCW 9.41.098. This law details the nine specific circumstances under which a court can order a firearm to be forfeited.

Can a firearm be permanently taken away if forfeited in Washington?

Forfeiture under RCW 9.41.098 is typically a temporary measure. Permanent deprivation of a firearm requires a separate legal process governed by RCW 63.32, often following a conviction or disqualifying event.

What are some common reasons for firearm forfeiture in Washington?

Common reasons include carrying a concealed firearm without a valid license, possession by a prohibited person, possession during the commission of a crime, or being under the influence of drugs or alcohol while carrying a firearm.

Are there ways to get a forfeited firearm back in Washington?

Yes, a firearm may be returned if it was stolen from the owner, if the owner had no knowledge of or consent to the illegal act, or if the court later determines there was no probable cause for the forfeiture.

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