State v. Faust

On July 7, 1996, Eric Wayne Faust assaulted his wife over a several hour period. During the assault, Faust held a knife to her throat and pointed a .380 semiautomatic pistol at her. Faust was charged and convicted of second degree assault with a deadly weapon and a firearm in violation of RCW 9A.36.021, 9.94A.125, 9.41.010. His sentence included 36 months for the firearm enhancement. Faust challenges the 36-month enhancement, arguing that the gun did not meet the statutory definition of firearm because it was inoperable due to a mechanical defect. We conclude that the gun met the definition…