Washington Code 9.41.326 – Untraceable firearms — Exceptions — Penalties
Current as of: 2023 | Check for updates
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(1) No person may manufacture, cause to be manufactured, assemble, or cause to be assembled an untraceable firearm.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 9.41.326
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) After March 10, 2023, no person may knowingly or recklessly possess, transport, or receive an untraceable firearm, unless the party possessing, transporting, or receiving the untraceable firearm is a law enforcement agency or a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(3) No person may sell, offer to sell, transfer, or purchase an untraceable firearm.
(4) Subsections (2) and (3) of this section do not apply to any firearm that:
(a) Has been rendered permanently inoperable;
(b) Is an antique firearm, as defined in 18 U.S.C. § 921(a)(16);
(c) Was manufactured before 1968; or
(d) Has been imprinted by a federal firearms dealer or other federal licensee authorized to provide marking services as provided for in RCW 9.41.328.
(5)(a) Any person who violates this section commits a civil infraction and shall be assessed a monetary penalty of $500.
(b) If a person previously has been found to have violated this section, then the person is guilty of a misdemeanor punishable under chapter 9A.20 RCW for each subsequent violation of this section.
(c) If a person previously has been found to have violated this section two or more times, then the person is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW for each subsequent violation of this section.
(d) If a person violates this section by manufacturing, causing to be manufactured, assembling, causing to be assembled, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time, then the person is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW for each violation of this section.
(e) A person commits a separate violation of this section for each and every firearm to which this section applies.
[ 2022 c 105 § 4.]
NOTES:
Effective date—2022 c 105: See note following RCW 7.80.120.