| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to offenses involving unlawful possession of a firearm by a juvenile; |
| Bill Description | Concerning offenses involving unlawful possession of a firearm by a juvenile. |
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What this bill does
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House Bill 1536 (H-0533.3) amends existing law and creates new statutory structure for unlawful possession of firearms in Washington by revising RCW 9.41.040 and adding juvenile-specific standards. It defines "unlawful possession of a firearm in the first degree" (applying after a prior conviction or finding of not guilty by reason of insanity for a listed serious offense, including a juvenile adjudication standard) as a class B felony, and defines "unlawful possession of a firearm in the second degree" (applying where first-degree criteria are not met but other prior convictions or court orders or mental health commitments apply) as a class C felony. The amendment lists many qualifying prior offenses and circumstances (including certain domestic/family violence, stalking, harassment, protection-order violations, involuntary commitments, incompetency dismissals with violent-act findings, and being on bond for a serious offense), treats each unlawfully possessed firearm as a separate offense, allows consecutive sentences in some theft/possession-of-stolen-firearm cases, and creates a class 4 civil infraction when a person possesses a firearm after filing an accepted voluntary waiver of firearm rights; it also preserves petition procedures to seek restoration of firearm rights under RCW 9.41.041.
The bill also amends RCW 13.40.0357 to provide a juvenile sentencing schedule and disposition options A, B, C, or D. Option A uses a juvenile offender sentencing grid tied to current offense categories and prior adjudication points; Option B allows courts to suspend a confinement disposition conditioned on compliance with local sanctions and required treatment programs that must meet defined "evidence-based" or "research-based" standards; Option C provides a chemical dependency/mental health disposition alternative for eligible cases; and Option D allows departures for manifest injustice. The amendment classifies escape and attempted escape offenses as category C with specified confinement ranges, authorizes up to 30 days confinement for violation of an order, and sets rules for counting prior adjudications (felonies = 1 point, misdemeanors/violations = 1/4 point, fractions rounded down). Many offense-to-category mappings and grid cells are shown but the table and its formatting are incomplete in the provided text.
The bill creates procedural requirements affecting courts, clerks, and state agencies: courts must notify the Department of Licensing within 24 hours when a person under 18 is found to have possessed a firearm in a vehicle, triggering license revocation rules; clerks' acceptance of a voluntary waiver form triggers the civil infraction provision; courts may order up to two hours of community restitution in lieu of a monetary fine for the specified civil infraction; and courts remain responsible for processing restoration petitions. Important statutory definitions and parts of the juvenile disposition table are not included in the extracted text (for example the statutory definition of "serious offense," full contents of RCW 9.41.042, and the remainder of the juvenile sentencing grid), so those specific details could not be verified from the provided material.
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Why it matters
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If enacted, the bill makes it more likely that people—including juveniles with certain prior adjudications or convictions—will face felony charges for possessing firearms under clearer firstand second-degree rules, and it creates specific consequences for juveniles caught with firearms in vehicles: courts must notify the Department of Licensing within 24 hours and driving privileges will be revoked in most cases. Courts and clerks will also have new day-to-day duties: clerks must accept voluntary firearm-waiver forms that can trigger civil infractions if violated, judges can order up to two hours of community restitution instead of fines for those infractions, and each unlawfully possessed firearm can be charged separately. The juvenile sentencing schedule gives judges a more structured set of options (standard grid sanctions, suspended dispositions tied to evidenceor research-based treatment, a chemical dependency/mental health alternative, and a manifest injustice carve‑out) and specifies escape and violation confinement ranges and how prior adjudications are scored.
The groups most directly affected are juveniles accused of firearm or related offenses, court staff and clerks, and the Department of Licensing. Juveniles face higher risks of felony records, loss of driving privileges, and separate charges per firearm, but may have expanded access to treatment-based alternatives if eligible; courts will need to apply the new sentencing grid and to monitor compliance with suspended dispositions tied to approved programs; the Department of Licensing and clerks will face increased administrative workload from required notifications and enforcement of waivers. Key portions of the juvenile offense-category mapping and some statutory definitions referenced by the bill are not included in the provided text, so how certain offenses map into the grid and which prior convictions count as "serious" are unclear from these excerpts.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/23/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,198,677.25 |
| FIREARMS |
| JUVENILES AND JUVENILE COURT |
| Representative Hackney (Primary) |
| Representative Barkis |
| Representative Davis |
| Representative Pollet |