WPIC 133.02.01 Unlawful Possession of a Firearm—Second Degree—Definition
11A WAPRAC WPIC 133.02.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.02.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.02.01 Unlawful Possession of a Firearm—Second Degree—Definition
A person commits the crime of unlawful possession of a firearm in the second degree when he or she knowingly [owns a firearm or] has a firearm in his or her possession or control and
[he or she has previously been [convicted] [adjudicated guilty as a juvenile] [or] [found not guilty by reason of insanity] of a felony] [or]
[he or she has previously been [convicted] [adjudicated guilty as a juvenile] [or] [found not guilty by reason of insanity] of (name of crime against family or household member specified in RCW 9.41.040(2)(a)(i)) against a family or household member, which crime occurred on or after July 1, 1993] [or]
[he or she is under eighteen years of age [and is not otherwise authorized to [own] [or] [possess] a firearm, as defined elsewhere in these instructions]] [or]
[he or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense] [or]
[he or she has previously been involuntarily committed by court order for mental health treatment, unless [his] [her] rights have been restored] [or]
[he or she previously had criminal charges dismissed based on incompetency to stand trial on a nonfelony crime and the court dismissing the charges made a finding that he or she has a history of one or more violent acts, unless [his] [her] rights have been restored] [or]
[he or she is subject to a [protection] [restraining] [no-contact] order that meets all of the following five requirements:
(a) The [protection] [restraining] [no-contact] order was issued after a hearing of which the defendant received actual notice;
(b) The defendant had an opportunity to participate at the hearing in which the [protection] [restraining] [no-contact] order was issued;
(c) The [protection] [restraining] [no-contact] order restrains the defendant from [harassing] [,] [stalking] [,] [or] [threatening] [an intimate partner of the defendant] [or] [[the intimate partner's] [defendant's] child] [or] [engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the [intimate partner] [or] [[intimate partner's] [defendant's] child];
(d) The [protection] [restraining] [no-contact] order includes a finding that the defendant represents a credible threat to the physical safety of the [intimate partner] [or] [[the intimate partner's] [defendant's] child]; and
(e) The [protection] [restraining] [no-contact] order explicitly prohibits the [use] [,] [or] [attempted use] [,] [or] [threatened use] of physical force that would reasonably be expected to cause bodily injury against the [intimate partner] [or] [[the intimate partner's] [defendant's] child]].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form). The bracketed language relating to insanity acquittals applies only to crimes committed on or after July 24, 2005.
Use bracketed material as applicable.
With this instruction, use WPIC 133.52 (Possession—Weapon—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 2.10 (Firearm—Definition as Element).
With the first indented paragraph, use WPIC 133.02.02 (Unlawful Possession of a Firearm—Second Degree—Previous Felony—Elements). With the second indented paragraph, use WPIC 133.02.03 (Unlawful Possession of a Firearm—Second Degree—Previous Domestic Violence Conviction—Elements). With the third indented paragraph, use WPIC 133.02.04 (Unlawful Possession of a Firearm—Second Degree—Minor—Elements) and WPIC 133.02.05 (Unlawful Possession of a Firearm—Second Degree—Minor—Authorized to Own or Possess) if appropriate. With the fourth indented paragraph, use WPIC 133.02.06 (Unlawful Possession of a Firearm—Second Degree—Bail for Serious Offense—Elements). With the fifth indented paragraph, use WPIC 133.02.07 (Unlawful Possession of a Firearm—Second Degree—Involuntary Commitment—Elements). With the sixth indented paragraph, use WPIC 133.02.08 (Unlawful Possession of a Firearm—Second Degree—Subject to Protection Order—Elements). Use WPIC 133.54 (Unlawful Possession of a Firearm—Intimate Partner—Definition) as applicable. With the seventh indented paragraph, use WPIC 133.02.09 (Unlawful Possession of a Firearm—Second Degree—Dismissal of Charges Based on Incompetency).
The blank line, if being used, should be filled in with one of the crimes specified in RCW 9.41.040(2)(a)(i): assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or a violation of a protection or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040).
COMMENT
RCW 9.41.040(2)(a).
The WPI Committee has revised this instruction for this edition to include an additional means of committing unlawful possession of a firearm in the second degree that was added by the Legislature in 2019, Chapter 248, § 2 (effective July 28, 2019). RCW 9.41.040(2)(a)(v). See the Comment to WPIC 133.02.09 (Unlawful Possession of a Firearm—Second Degree—Dismissal of Charges Based on Incompetency).
See the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements).
[Current as of December 2019.]
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