Under Washington law, it is a crime for you to possess a firearm while at a childcare center. The offense is a gross misdemeanor that can result in a jail term of up to one year. Please contact a skilled criminal defense attorney now if you are facing ay type of Washington gun charge.

What is Washington’s Law on Having a Firearm at a Childcare Center?

RCW 9.41.282 is the Washington statute on possessing weapons while on childcare premises. Per this law, it is a crime for you to possess any of the following while on the property of a licensed childcare center:

  • Any firearm,
  • Any other “dangerous weapon,”
  • Any air gun, and
  • Any stun gun.

For purposes of this law, “dangerous weapons” include such objects as:

  • Slungshots,
  • Sand clubs,
  • Metal knuckles,
  • Spring blade knives, and
  • Daggers.

What are the Penalties?

Possessing a firearm while at a childcare facility is a gross misdemeanor under Washington law. A gross misdemeanor is punishable by:

  • Imprisonment in jail for up to one year, and/or
  • A fine of up to $5,000.

Please note that in addition to any of the above, a violation of RCW 9.41.282 can result in:

  • A three-year revocation of your concealed pistol license, or
  • A three-year prohibition on applying for a concealed pistol license.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge a charge of violating RCW 9.41.282 with a legal defense. A common defense is for you to show that you were not possessing any object specifically listed under the statute. Recall, for example, that it is only a crime to possess the following while at a childcare center: firearms, dangerous weapons, air guns, and stun guns. Therefore, you can always try to show that you were not in possession of one of these objects. Perhaps, you were only possessing a small pocketknife while at a childcare facility.

Your criminal defense attorney can also try to contest a charge by showing that the police somehow violated your rights. Maybe, for instance, the authorities:

  • Coerced a confession,
  • Arrested you without probable cause, or
  • Conducted an unlawful search and seizure.

If any of the above, then a judge may decide to reduce your charges or drop them altogether.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a gun possession charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various misdemeanor and gun charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!