State v. Faust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the definition of “firearm” is not limited “to only those guns capable of being fired during the commission of the crime”
• holding that the Tongate language Pam relied on did not limit the definition of a “firearm” to one capable of being fired during the crime. Rather, the distinction was between a toy gun and a gun “in fact” (emphasis added)
• holding that a malfunctioning firearm is a firearm for purposes of RCW 9.94A.310(3)(b) (the statute providing for a mandatory three-year sentencing enhancement for second degree assault where “the offender . . . was armed with a firearm as defined in RCW 9.41.010”)
• \eyewitness testimony to a real gun that is neither discharged nor recovered is sufficient to support deadly weapons and/or firearms penalty enhancements\
• language in Pam on operability refers to the difference between a toy gun and a gun in fact; a gun incapable of being fired due to a mechanical defect is still a firearm
• language in Pam on operability refers to the difference between a toy gun and a gun in fact; a gun incapable of being fired due to a mechanical defect is still a firearm

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• State v. Gurske
  Washington Supreme Court· 2005-08-25· cited 55×
• State v. Raleigh
  Court of Appeals of Washington· 2010-09-08· cited 54×
• State Of Washington, V. Jesse Gouley
  Court of Appeals of Washington· 2021-09-08· cited 44×
• State of Washington v. Dennis Wayne Jussila
  Court of Appeals of Washington· 2017-02-28· cited 34×
• State v. Padilla
  Court of Appeals of Washington· 1999-05-10· cited 19×
• State v. Releford
  Court of Appeals of Washington· 2009-02-02· cited 19×
• State v. Berrier
  Court of Appeals of Washington· 2002-03-01· cited 18×
• State of Washington v. Christopher Michael Tasker, II
  Court of Appeals of Washington· 2016-04-28· cited 18×
• State v. Anderson
  Court of Appeals of Washington· 1999-02-16· cited 15×
• State v. Carter
  Court of Appeals of Washington· 2007-05-01· cited 15×
• State Of Washington v. Michael S. Olsen
  Court of Appeals of Washington· 2019-10-08· cited 8×
• State v. Thomas
  Court of Appeals of Washington· 2002-09-30· cited 5×
• State v. Hammock
  Court of Appeals of Washington· 2010-02-23· cited 3×
• State v. Hirschfelder
  Court of Appeals of Washington· 2009-01-13· cited 3×
• State Of Washington v. Zyion Houston-Sconiers & Treson Roberts
  Court of Appeals of Washington· 2015-11-24
• State Of Washington v. Antonio Zamudio, Jr.
  Court of Appeals of Washington· 2016-02-04
• Marquez Vargas v. RRA CP Opportunity Tr. 1
  Washington Supreme Court· 2026-04-30

Cites

15 cases in this archive are cited by this case.

• State v. Brown
  Washington Supreme Court· 1988-07-14· cited 170×
• In Re the Marriage of Gimlett
  Washington Supreme Court· 1981-06-11· cited 114×
• State v. Pam
  Washington Supreme Court· 1983-02-10· cited 98×
• State v. Tongate
  Washington Supreme Court· 1980-06-19· cited 81×
• State v. Sunich
  Court of Appeals of Washington· 1994-11-17· cited 33×
• Miller v. Paul Revere Life Insurance
  Washington Supreme Court· 1972-10-12· cited 32×
• State v. Bowman
  Court of Appeals of Washington· 1984-03-05· cited 29×
• State v. Garrison
  Court of Appeals of Washington· 1986-12-01· cited 26×
• State v. Williams
  Court of Appeals of Washington· 1991-08-07· cited 23×
• State v. Rhodes
  Court of Appeals of Washington· 1990-08-21· cited 19×
• Bernard v. Benson
  Washington Supreme Court· 1910-04-29· cited 19×
• State v. Rahier
  Court of Appeals of Washington· 1984-05-18· cited 15×
• State v. Sullivan
  Court of Appeals of Washington· 1987-03-04· cited 13×
• State v. Goforth
  Court of Appeals of Washington· 1982-12-15· cited 10×
• State v. Beaton
  Court of Appeals of Washington· 1983-03-01· cited 5×