Washington Code 9.41.330 – Felony firearm offenders — Determination of registration
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(1) On or after June 9, 2016, except as provided in subsection (3) of this section, whenever a defendant in this state is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense, the court must consider whether to impose a requirement that the person comply with the registration requirements of RCW 9.41.333 and may, in its discretion, impose such a requirement.
Terms Used In Washington Code 9.41.330
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) In determining whether to require the person to register, the court shall consider all relevant factors including, but not limited to:
(a) The person’s criminal history;
(b) Whether the person has previously been found not guilty by reason of insanity of any offense in this state or elsewhere; and
(c) Evidence of the person’s propensity for violence that would likely endanger persons.
(3) When a person is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense that was committed in conjunction with any of the following offenses, the court must impose a requirement that the person comply with the registration requirements of RCW 9.41.333:
(a) An offense involving sexual motivation;
(b) An offense committed against a child under the age of eighteen; or
(c) A serious violent offense.
(4) For purposes of this section, “sexual motivation” and “serious violent offense” are defined as in RCW 9.94A.030.