AN ACT Relating to imposing community custody after a conviction for unlawful possession of a firearm;
Summary
SB 5268 revises Washington’s sentencing laws to classify unlawful possession of a firearm as a violent offense for purposes of community custody. The bill amends the Sentencing Reform Act definitions in RCW 9.94A.030 to add unlawful possession of a firearm in the first degree and second degree to the list of offenses treated as violent offenses. It also makes conforming changes to related sentencing definitions and includes an effective date and an expiration date for the act.
By changing the offense classification, the bill affects how people convicted of unlawful firearm possession are supervised after release from confinement. In practice, the new classification can increase post-release supervision requirements and make those convictions subject to the community custody framework applied to violent offenses, which can affect sentencing, supervision conditions, and correctional administration. The bill does not create a new crime; it changes the legal consequences attached to existing firearm-possession convictions under state sentencing law.
Impact
The bill amends RCW 9.94A.030, the core definitional section of Washington’s Sentencing Reform Act, by adding unlawful possession of a firearm in the first degree and second degree to the definition of “violent offense.” That change can alter sentencing and supervision consequences for defendants convicted under Washington’s firearm-possession statutes, including the length and conditions of community custody after release. It also has downstream effects on the Department of Corrections, sentencing courts, and offenders subject to post-conviction supervision.
Sentiment
The available voting history shows strong support for the bill at each recorded stage. It passed the Senate committee and Senate floor unanimously, and it also advanced through the House committee with only one dissenting vote at one stage and unanimous support at a later amended stage. No committee transcript excerpts were provided, so the record suggests broad bipartisan or at least cross-chamber agreement, with limited visible opposition.
Contention
The main policy issue is whether unlawful possession of a firearm should be treated like other violent offenses for community custody purposes. Supporters appear to favor stronger post-release supervision for firearm-related convictions, likely as a public-safety measure. Any opposition would likely center on proportionality and whether a possession offense, as opposed to a violent use of a firearm, should trigger the more serious supervision consequences attached to violent offenses. The voting record shows little overt contention, but the House committee’s one no vote suggests at least some concern about the classification change.