Bill seeks increased penalties for unlawful firearm possession

State Rep. Sam Low and Lake Stevens Mayor Brett Gailey teamed up to introduce HB 1139.

Lake Stevens Mayor Brett Gailey.

LAKE STEVENS — A state lawmaker and mayor are teaming up to try and toughen the penalty for unlawful possession of a firearm.

State Rep. Sam Low, R-Lake Stevens, and Lake Stevens Mayor Brett Gailey announced their support this week for HB 1139, introduced into the state legislature on Dec. 30.

The state legislature will be gaveled into session on Jan. 13.

Unlawful possession of a firearm isn’t often prosecuted, Gailey said in an interview Tuesday. Prosecutors have limited resources and tend to triage cases, addressing violent crimes first, he said. The bill would include the crime as a violent offense in state code.

The bill, sponsored by Low, would require every individual convicted pf unlawful firearm possession to go to jail, with no discretion from police officers.

Gailey said this change will help lessen unfair impacts on marginalized communities.

“This bill reflects a commitment to ensuring that unlawful possession of firearms is addressed effectively,” Gailey said in a press release. “It prioritizes enforcement while considering the importance of equity and fairness in its application.”

Sentencing ranges would also increase under the bill. Current jail time for someone with little to no criminal record is 15 to 20 months. If the bill passes, that would rise to 21 to 27 months, Gailey said.

“This legislation is about accountability and ensuring that those who unlawfully possess firearms face appropriate consequences,” Low said in the press release.

The bill is the result of the work from Mayors and Business Leaders for Public Safety, a Snohomish County coalition created after the murder of Everett police officer Dan Rocha in 2022.

HB 1139 would only apply to unlawful possession of firearms in the first degree, which requires someone to have been convicted of a prior “serious offense.” Richard Rotter, who shot Rocha, had a prior felony conviction and a domestic violence assault warrant out for his arrest.

Gailey said he threw his support with Low on this bill because of the Lake Stevens lawmaker’s strong record on public safety.

Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.

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