(The Center Square) – A Republican-backed bill that cleared the Washington State Senate with a unanimous vote would impose mandatory community custody for anyone guilty of unlawful firearm possession.
Community custody occurs after a convicted felon has served their criminal sentence and is placed under the supervision of the state Department of Corrections when released. DOC is able to adjust the felon’s community custody conditions based on their assessed risk to the community. If those conditions are violated, DOC can issue a warrant for the individual’s arrest.
Senate Bill 5268 would make community custody mandatory for one year following a person’s release from prison if that person was found guilty of unlawful possession of a firearm. The requirement would apply regardless of whether a person is associated with or a member of a street gang. Under state law, unlawful possession of a firearm is a Class B felony and offenders face up to 10 years in prison, a maximum fine of $20,000, or both.
Bill sponsor Sen. Keith Wagoner, R-Sedro Valley, told the House Community Safety Committee at a Monday public hearing that “we all want to see our communities made safer and have a reduction in violence.”
The bill originally would have classified unlawful possession of a firearm as a violent offense, but was modified before the House voted 49-0 in its favor. Wagoner said had they stuck with the original proposal because it would have “turned out to be a tangled web of sentencing guidelines. I think this is a much easier bill to move forward.”
With community custody, he said “there’s professional eyes on the offender, keeping track of what they do, where they go, and whether or not they have interactions that would get them another firearm. The intent of the bill is kind of to break that link between a felon who should not have (a firearm), or somebody who should not have a firearm, a future crime where we lose an officer or civilian or somebody gets hurt or killed with the firearm.”
Testifying in favor of the bill was James McMann with the Washington Association of Sheriffs and Police Chiefs. He told the committee that “it is a serious thing when a person is not lawfully able to possess firearms and does so anyway. It’s been our experience that we can’t assume that they’re up to good and wholesome things when they do. I think this is the only remaining bill alive in the legislative process this session to address circumstances about the unlawful use or in this case simple possession unlawful of a firearm.”
Chair Roger Goodman, D-Kenmore, remarked that the rise of people illegally possessing guns “is a vexing problem though we’ve been trying for more than a decade to get firearms out of the hands particularly of young people. There’s been a 50% increase in firearm related offenses by young people in the last five years, so it really as far as I’m concerned is the top priority for us to address.”
The legislation, now known Engrossed Senate Substitute Bill 5268, is not scheduled at this time for future committee action.
