RCW 9.41.010
Definitions.
(Effective until June 30, 2027.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2)(a) "Assault weapon" means:
(i) Any of the following specific firearms regardless of which company produced and manufactured the firearm:
AK-47 in all forms
AK-74 in all forms
Algimec AGM-1 type semiautomatic
American Arms Spectre da semiautomatic carbine
AR15, M16, or M4 in all forms
AR 180 type semiautomatic
Argentine L.S.R. semiautomatic
Australian Automatic
Auto-Ordnance Thompson M1 and 1927 semiautomatics
Barrett .50 cal light semiautomatic
Barrett .50 cal M87
Barrett .50 cal M107A1
Barrett REC7
Beretta AR70/S70 type semiautomatic
Bushmaster Carbon 15
Bushmaster ACR
Bushmaster XM-15
Bushmaster MOE
Calico models M100 and M900
CETME Sporter
CIS SR 88 type semiautomatic
Colt CAR 15
Daewoo K-1
Daewoo K-2
Dragunov semiautomatic
Fabrique Nationale FAL in all forms
Fabrique Nationale F2000
Fabrique Nationale L1A1 Sporter
Fabrique Nationale M249S
Fabrique Nationale PS90
Fabrique Nationale SCAR
FAMAS .223 semiautomatic
Galil
Heckler & Koch G3 in all forms
Heckler & Koch HK-41/91
Heckler & Koch HK-43/93
Heckler & Koch HK94A2/3
Heckler & Koch MP-5 in all forms
Heckler & Koch PSG-1
Heckler & Koch SL8
Heckler & Koch UMP
Manchester Arms Commando MK-45
Manchester Arms MK-9
SAR-4800
SIG AMT SG510 in all forms
SIG SG550 in all forms
SKS
Spectre M4
Springfield Armory BM-59
Springfield Armory G3
Springfield Armory SAR-8
Springfield Armory SAR-48
Springfield Armory SAR-3
Springfield Armory M-21 sniper
Springfield Armory M1A
Smith & Wesson M&P 15
Sterling Mk 1
Sterling Mk 6/7
Steyr AUG
TNW M230
FAMAS F11
Uzi 9mm carbine/rifle
(ii) A semiautomatic rifle that has an overall length of less than 30 inches;
(iii) A conversion kit, part, or combination of parts, from which an assault weapon can be assembled or from which a firearm can be converted into an assault weapon if those parts are in the possession or under the control of the same person; or
(iv) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
(B) Thumbhole stock;
(C) Folding or telescoping stock;
(D) Forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
(E) Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor, silencer, or any item designed to reduce the visual or audio signature of the firearm;
(F) Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel to reduce recoil or muzzle rise;
(G) Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle break, or similar item;
(H) Grenade launcher or flare launcher; or
(I) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel;
(v) A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(vi) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(B) A second hand grip;
(C) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel; or
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip;
(vii) A semiautomatic shotgun that has any of the following:
(A) A folding or telescoping stock;
(B) A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
(C) A thumbhole stock;
(D) A forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
(E) A fixed magazine in excess of seven rounds; or
(F) A revolving cylinder shotgun.
(b) For the purposes of this subsection, "fixed magazine" means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(c) "Assault weapon" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
(3) "Assemble" means to fit together component parts.
(4) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(5) "Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.
(6) "Conviction" or "convicted" means, whether in an adult court or adjudicated in a juvenile court, that a plea of guilty has been accepted or a verdict of guilty has been filed, or a finding of guilt has been entered, notwithstanding the pendency of any future proceedings including, but not limited to, sentencing or disposition, posttrial or post-fact-finding motions, and appeals. "Conviction" includes a dismissal entered after a period of probation, suspension, or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state.
(7) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(8) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.
(9) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(10) "Detachable magazine" means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.
(11) "Distribute" means to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in-state or out-of-state. "Distribute" includes, but is not limited to, filling orders placed in this state, online or otherwise. "Distribute" also includes causing a firearm or large capacity magazine to be delivered in this state.
(12) "Domestic violence" has the same meaning as provided in RCW 10.99.020
.
(13) "Family or household member" has the same meaning as in RCW 7.105.010
.
(14) "Federal firearms dealer" means a licensed dealer as defined in 18 U.S.C. Sec. 921(a)(11).
(15) "Federal firearms importer" means a licensed importer as defined in 18 U.S.C. Sec. 921(a)(9).
(16) "Federal firearms manufacturer" means a licensed manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).
(17) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(18) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(19) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter;
(b) A violation of RCW 9A.36.045
;
(c) A violation of RCW 9A.56.300
;
(d) A violation of RCW 9A.56.310
;
(e) Any felony offense if the offender was armed with a firearm in the commission of the offense.
(20) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes frames and receivers. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
(21)(a) "Frame or receiver" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver.
(b) For purposes of this subsection, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(22) "Gun" has the same meaning as firearm.
(23) "Import" means to move, transport, or receive an item from a place outside the territorial limits of the state of Washington to a place inside the territorial limits of the state of Washington. "Import" does not mean situations where an individual possesses a large capacity magazine or assault weapon when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine or assault weapon the individual transported out of state.
(24) "Intimate partner" has the same meaning as provided in RCW 7.105.010
.
(25) "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following:
(a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition;
(b) A 22 caliber tube ammunition feeding device; or
(c) A tubular magazine that is contained in a lever-action firearm.
(26) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020
. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020
if such officer is duly authorized by his or her employer to carry a concealed pistol.
(27) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
(28) "Licensed collector" means a person who is federally licensed under 18 U.S.C. Sec. 923(b).
(29) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).
(30) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(31) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(32) "Manufacture" means, with respect to a firearm or large capacity magazine, the fabrication, making, formation, production, or construction of a firearm or large capacity magazine, by manual labor or by machinery.
(33) "Mental health professional" means a psychiatrist, psychologist, or physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric *advanced registered nurse practitioner, psychiatric nurse, social worker, mental health counselor, marriage and family therapist, or such other mental health professionals as may be defined in statute or by rules adopted by the department of health pursuant to the provisions of chapter
71.05
RCW.
(34) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
(35) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.
(36) "Pistol" means any firearm with a barrel less than 16 inches in length, or is designed to be held and fired by the use of a single hand.
(37) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(38) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.
(39) "Secure gun storage" means:
(a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm; and
(b) The act of keeping an unloaded firearm stored by such means.
(40) "Semiautomatic" means any firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
(41)(a) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
(b) "Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
(42) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter
69.50
RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least 10 years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age 14;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030
;
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.825
;
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense;
(p) Any felony conviction under RCW 9.41.115
; or
(q) Any felony charged under RCW 46.61.502
(6) or
46.61.504
(6).
(43) "Sex offense" has the same meaning as provided in RCW 9.94A.030
.
(44) "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than 26 inches.
(45) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than 26 inches.
(46) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(47) "Substance use disorder professional" means a person certified under chapter
18.205
RCW.
(48) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.
(49) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports.
(50)(a) "Unfinished frame or receiver" means a frame or receiver that is partially complete, disassembled, or inoperable, that: (i) Has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once finished or completed, including without limitation products marketed or sold to the public as an 80 percent frame or receiver or unfinished frame or receiver.
(b) For purposes of this subsection:
(i) "Readily" means a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Factors relevant in making this determination, with no single one controlling, include the following: (A) Time, i.e., how long it takes to finish the process; (B) ease, i.e., how difficult it is to do so; (C) expertise, i.e., what knowledge and skills are required; (D) equipment, i.e., what tools are required; (E) availability, i.e., whether additional parts are required, and how easily they can be obtained; (F) expense, i.e., how much it costs; (G) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (H) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.
(ii) "Partially complete," as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a firearm.
(51) "Unlicensed person" means any person who is not a licensed dealer under this chapter.
(52) "Untraceable firearm" means any firearm manufactured after July 1, 2019, that is not an antique firearm and that cannot be traced by law enforcement by means of a serial number affixed to the firearm by a federal firearms manufacturer, federal firearms importer, or federal firearms dealer in compliance with all federal laws and regulations.
(53) "Washington state patrol firearms background check program" means the division within the state patrol that conducts background checks for all firearm transfers and the disposition of firearms.
[
2024 c 289 s 1
;
2024 c 62 s 32
. Prior:
2023 c 295 s 2
;
2023 c 262 s 1
;
2023 c 162 s 2
; prior:
2022 c 105 s 2
;
2022 c 104 s 2
;
2021 c 215 s 93
;
2020 c 29 s 3
; prior:
2019 c 243 s 1
;
2019 c 3 s 16
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 7 s 1
; prior:
2017 c 264 s 1
;
2015 c 1 s 2
(Initiative Measure No. 594, approved November 4, 2014);
2013 c 183 s 2
; prior:
2009 c 216 s 1
;
2001 c 300 s 2
;
1997 c 338 s 46
;
1996 c 295 s 1
; prior:
1994 sp.s. c 7 s 401
;
1994 c 121 s 1
; prior:
1992 c 205 s 117
;
1992 c 145 s 5
;
1983 c 232 s 1
;
1971 ex.s. c 302 s 1
;
1961 c 124 s 1
;
1935 c 172 s 1
; RRS s 2516-1.]
NOTES:
Reviser's note:
*(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) This section was amended by 2024 c 62 s 32 and by 2024 c 289 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Findings
—
Intent
—
Effective date
—
2023 c 162:
See notes following RCW 9.41.390
.
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
Findings
—
Intent
—
2022 c 104:
"The legislature finds and declares that gun violence is a threat to the public health and safety of Washingtonians. Firearms equipped with large capacity magazines increase casualties by allowing a shooter to keep firing for longer periods of time without reloading. Large capacity magazines have been used in all 10 of the deadliest mass shootings since 2009, and mass shooting events from 2009 to 2018 where the use of large capacity magazines caused twice as many deaths and 14 times as many injuries. Documentary evidence following gun rampages, including the 2014 shooting at Seattle Pacific University, reveals many instances where victims were able to escape or disarm the shooter during a pause to reload, and such opportunities are necessarily reduced when large capacity magazines are used. In addition, firearms equipped with large capacity magazines account for an estimated 22 to 36 percent of crime guns and up to 40 percent of crime guns used in serious violent crimes. Based on this evidence, and on studies showing that mass shooting fatalities declined during the 10-year period when the federal assault weapon and large capacity magazine ban was in effect, the legislature finds that restricting the sale, manufacture, and distribution of large capacity magazines is likely to reduce gun deaths and injuries. The legislature further finds that this is a well-calibrated policy based on evidence that magazine capacity limits do not interfere with responsible, lawful self-defense. The legislature further finds that the threats to public safety posed by large capacity magazines are heightened given current conditions. Our country is in the midst of a pandemic, economic recession, social tensions, and reckonings over racial justice. The years 2020 and 2021 have seen a sharp increase in gun sales and gun violence, as well as fears over gun violence and incidents of armed intimidation. In this volatile atmosphere, the legislature declares that it is time to enhance public health and safety by limiting the sale of large capacity magazines. The legislature intends to limit the prospective sale of large capacity magazines, while allowing existing legal owners to retain the large capacity magazines they currently own." [
2022 c 104 s 1
.]
Effective date
—
2022 c 104:
"This act takes effect July 1, 2022." [
2022 c 104 s 6
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 29:
See note following RCW 7.77.060
.
Effective date
—
2019 c 243:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 243 s 6
.]
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Effective dates
—
2018 c 7:
"(1) Sections 1 and 2 of this act take effect July 1, 2018.
(2) Sections 3 through 9 of this act take effect July 1, 2019." [
2018 c 7 s 11
.]
Finding
—
2015 c 1 (Initiative Measure No. 594):
"There is broad consensus that felons, persons convicted of domestic violence crimes, and persons dangerously mentally ill as determined by a court should not be eligible to possess guns for public safety reasons. Criminal and public safety background checks are an effective and easy mechanism to ensure that guns are not purchased by or transferred to those who are prohibited from possessing them. Criminal and public safety background checks also reduce illegal gun trafficking. Because Washington's current background check requirements apply only to sales or transfers by licensed firearms dealers, many guns are sold or transferred without a criminal and public safety background check, allowing criminals and dangerously mentally ill individuals to gain access to guns.
Conducting criminal and public safety background checks will help ensure that all persons buying guns are legally eligible to do so. The people find that it is in the public interest to strengthen our background check system by extending the requirement for a background check to apply to all gun sales and transfers in the state, except as permitted herein. To encourage compliance with background check requirements, the sales tax imposed by RCW 82.08.020
would not apply to the sale or transfer of any firearms between two unlicensed persons if the unlicensed persons have complied with all background check requirements.
This measure would extend criminal and public safety background checks to all gun sales or transfers. Background checks would not be required for gifts between immediate family members or for antiques." [
2015 c 1 s 1
(Initiative Measure No. 594, approved November 4, 2014).]
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
"Sections 401 through 410, 413 through 416, 418 through 437, and 439 through 460 of this act shall take effect July 1, 1994." [
1994 sp.s. c 7 s 916
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Part headings not law
—
Severability
—
1992 c 205:
See notes following RCW 13.40.010
.
Severability
—
1983 c 232:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1983 c 232 s 14
.]
Severability
—
1971 ex.s. c 302:
"If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1971 ex.s. c 302 s 35
.]
Severability
—
1961 c 124:
"If any part of this act is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this act." [
1961 c 124 s 13
.]
Preemption and general repealer
—
1961 c 124:
"All laws or parts of laws of the state of Washington, its subdivisions and municipalities inconsistent herewith are hereby preempted and repealed." [
1961 c 124 s 14
.]
Short title
—
1935 c 172:
"This act may be cited as the 'Uniform Firearms Act.'" [
1935 c 172 s 18
.]
Severability
—
1935 c 172:
"If any part of this act is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this act." [
1935 c 172 s 17
.]
Construction
—
1935 c 172:
"This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it." [
1935 c 172 s 19
.]
PDF
RCW 9.41.010
Definitions.
(Effective June 30, 2027.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2)(a) "Assault weapon" means:
(i) Any of the following specific firearms regardless of which company produced and manufactured the firearm:
AK-47 in all forms
AK-74 in all forms
Algimec AGM-1 type semiautomatic
American Arms Spectre da semiautomatic carbine
AR15, M16, or M4 in all forms
AR 180 type semiautomatic
Argentine L.S.R. semiautomatic
Australian Automatic
Auto-Ordnance Thompson M1 and 1927 semiautomatics
Barrett .50 cal light semiautomatic
Barrett .50 cal M87
Barrett .50 cal M107A1
Barrett REC7
Beretta AR70/S70 type semiautomatic
Bushmaster Carbon 15
Bushmaster ACR
Bushmaster XM-15
Bushmaster MOE
Calico models M100 and M900
CETME Sporter
CIS SR 88 type semiautomatic
Colt CAR 15
Daewoo K-1
Daewoo K-2
Dragunov semiautomatic
Fabrique Nationale FAL in all forms
Fabrique Nationale F2000
Fabrique Nationale L1A1 Sporter
Fabrique Nationale M249S
Fabrique Nationale PS90
Fabrique Nationale SCAR
FAMAS .223 semiautomatic
Galil
Heckler & Koch G3 in all forms
Heckler & Koch HK-41/91
Heckler & Koch HK-43/93
Heckler & Koch HK94A2/3
Heckler & Koch MP-5 in all forms
Heckler & Koch PSG-1
Heckler & Koch SL8
Heckler & Koch UMP
Manchester Arms Commando MK-45
Manchester Arms MK-9
SAR-4800
SIG AMT SG510 in all forms
SIG SG550 in all forms
SKS
Spectre M4
Springfield Armory BM-59
Springfield Armory G3
Springfield Armory SAR-8
Springfield Armory SAR-48
Springfield Armory SAR-3
Springfield Armory M-21 sniper
Springfield Armory M1A
Smith & Wesson M&P 15
Sterling Mk 1
Sterling Mk 6/7
Steyr AUG
TNW M230
FAMAS F11
Uzi 9mm carbine/rifle
(ii) A semiautomatic rifle that has an overall length of less than 30 inches;
(iii) A conversion kit, part, or combination of parts, from which an assault weapon can be assembled or from which a firearm can be converted into an assault weapon if those parts are in the possession or under the control of the same person; or
(iv) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
(B) Thumbhole stock;
(C) Folding or telescoping stock;
(D) Forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
(E) Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor, silencer, or any item designed to reduce the visual or audio signature of the firearm;
(F) Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel to reduce recoil or muzzle rise;
(G) Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle break, or similar item;
(H) Grenade launcher or flare launcher; or
(I) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel;
(v) A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
(vi) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(B) A second hand grip;
(C) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel; or
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip;
(vii) A semiautomatic shotgun that has any of the following:
(A) A folding or telescoping stock;
(B) A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
(C) A thumbhole stock;
(D) A forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
(E) A fixed magazine in excess of seven rounds; or
(F) A revolving cylinder shotgun.
(b) For the purposes of this subsection, "fixed magazine" means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(c) "Assault weapon" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
(3) "Assemble" means to fit together component parts.
(4) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(5) "Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.
(6) "Conviction" or "convicted" means, whether in an adult court or adjudicated in a juvenile court, that a plea of guilty has been accepted or a verdict of guilty has been filed, or a finding of guilt has been entered, notwithstanding the pendency of any future proceedings including, but not limited to, sentencing or disposition, posttrial or post-fact-finding motions, and appeals. "Conviction" includes a dismissal entered after a period of probation, suspension, or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state.
(7) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(8) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.
(9) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(10) "Detachable magazine" means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.
(11) "Distribute" means to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in-state or out-of-state. "Distribute" includes, but is not limited to, filling orders placed in this state, online or otherwise. "Distribute" also includes causing a firearm or large capacity magazine to be delivered in this state.
(12) "Domestic violence" has the same meaning as provided in RCW 10.99.020
.
(13) "Family or household member" has the same meaning as in RCW 7.105.010
.
(14) "Federal firearms dealer" means a licensed dealer as defined in 18 U.S.C. Sec. 921(a)(11).
(15) "Federal firearms importer" means a licensed importer as defined in 18 U.S.C. Sec. 921(a)(9).
(16) "Federal firearms manufacturer" means a licensed manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).
(17) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(18) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(19) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter;
(b) A violation of RCW 9A.36.045
;
(c) A violation of RCW 9A.56.300
;
(d) A violation of RCW 9A.56.310
;
(e) Any felony offense if the offender was armed with a firearm in the commission of the offense.
(20) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes frames and receivers. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
(21)(a) "Frame or receiver" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver.
(b) For purposes of this subsection, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(22) "Gun" has the same meaning as firearm.
(23) "Import" means to move, transport, or receive an item from a place outside the territorial limits of the state of Washington to a place inside the territorial limits of the state of Washington. "Import" does not mean situations where an individual possesses a large capacity magazine or assault weapon when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine or assault weapon the individual transported out of state.
(24) "Intimate partner" has the same meaning as provided in RCW 7.105.010
.
(25) "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following:
(a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition;
(b) A 22 caliber tube ammunition feeding device; or
(c) A tubular magazine that is contained in a lever-action firearm.
(26) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020
. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020
if such officer is duly authorized by his or her employer to carry a concealed pistol.
(27) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
(28) "Licensed collector" means a person who is federally licensed under 18 U.S.C. Sec. 923(b).
(29) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).
(30) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(31) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(32) "Manufacture" means, with respect to a firearm or large capacity magazine, the fabrication, making, formation, production, or construction of a firearm or large capacity magazine, by manual labor or by machinery.
(33) "Mental health professional" means a psychiatrist, psychologist, or physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, psychiatric nurse, social worker, mental health counselor, marriage and family therapist, or such other mental health professionals as may be defined in statute or by rules adopted by the department of health pursuant to the provisions of chapter
71.05
RCW.
(34) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
(35) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.
(36) "Pistol" means any firearm with a barrel less than 16 inches in length, or is designed to be held and fired by the use of a single hand.
(37) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(38) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.
(39) "Secure gun storage" means:
(a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm; and
(b) The act of keeping an unloaded firearm stored by such means.
(40) "Semiautomatic" means any firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
(41)(a) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
(b) "Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
(42) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter
69.50
RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least 10 years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age 14;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030
;
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.825
;
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense;
(p) Any felony conviction under RCW 9.41.115
; or
(q) Any felony charged under RCW 46.61.502
(6) or
46.61.504
(6).
(43) "Sex offense" has the same meaning as provided in RCW 9.94A.030
.
(44) "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than 26 inches.
(45) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than 26 inches.
(46) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(47) "Substance use disorder professional" means a person certified under chapter
18.205
RCW.
(48) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.
(49) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports.
(50)(a) "Unfinished frame or receiver" means a frame or receiver that is partially complete, disassembled, or inoperable, that: (i) Has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once finished or completed, including without limitation products marketed or sold to the public as an 80 percent frame or receiver or unfinished frame or receiver.
(b) For purposes of this subsection:
(i) "Readily" means a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Factors relevant in making this determination, with no single one controlling, include the following: (A) Time, i.e., how long it takes to finish the process; (B) ease, i.e., how difficult it is to do so; (C) expertise, i.e., what knowledge and skills are required; (D) equipment, i.e., what tools are required; (E) availability, i.e., whether additional parts are required, and how easily they can be obtained; (F) expense, i.e., how much it costs; (G) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (H) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.
(ii) "Partially complete," as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a firearm.
(51) "Unlicensed person" means any person who is not a licensed dealer under this chapter.
(52) "Untraceable firearm" means any firearm manufactured after July 1, 2019, that is not an antique firearm and that cannot be traced by law enforcement by means of a serial number affixed to the firearm by a federal firearms manufacturer, federal firearms importer, or federal firearms dealer in compliance with all federal laws and regulations.
(53) "Washington state patrol firearms background check program" means the division within the state patrol that conducts background checks for all firearm transfers and the disposition of firearms.
[
2025 c 58 s 5064
. Prior:
2024 c 289 s 1
;
2024 c 62 s 32
; prior:
2023 c 295 s 2
;
2023 c 262 s 1
;
2023 c 162 s 2
; prior:
2022 c 105 s 2
;
2022 c 104 s 2
;
2021 c 215 s 93
;
2020 c 29 s 3
; prior:
2019 c 243 s 1
;
2019 c 3 s 16
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 7 s 1
; prior:
2017 c 264 s 1
;
2015 c 1 s 2
(Initiative Measure No. 594, approved November 4, 2014);
2013 c 183 s 2
; prior:
2009 c 216 s 1
;
2001 c 300 s 2
;
1997 c 338 s 46
;
1996 c 295 s 1
; prior:
1994 sp.s. c 7 s 401
;
1994 c 121 s 1
; prior:
1992 c 205 s 117
;
1992 c 145 s 5
;
1983 c 232 s 1
;
1971 ex.s. c 302 s 1
;
1961 c 124 s 1
;
1935 c 172 s 1
; RRS s 2516-1.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Findings
—
Intent
—
Effective date
—
2023 c 162:
See notes following RCW 9.41.390
.
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
Findings
—
Intent
—
2022 c 104:
"The legislature finds and declares that gun violence is a threat to the public health and safety of Washingtonians. Firearms equipped with large capacity magazines increase casualties by allowing a shooter to keep firing for longer periods of time without reloading. Large capacity magazines have been used in all 10 of the deadliest mass shootings since 2009, and mass shooting events from 2009 to 2018 where the use of large capacity magazines caused twice as many deaths and 14 times as many injuries. Documentary evidence following gun rampages, including the 2014 shooting at Seattle Pacific University, reveals many instances where victims were able to escape or disarm the shooter during a pause to reload, and such opportunities are necessarily reduced when large capacity magazines are used. In addition, firearms equipped with large capacity magazines account for an estimated 22 to 36 percent of crime guns and up to 40 percent of crime guns used in serious violent crimes. Based on this evidence, and on studies showing that mass shooting fatalities declined during the 10-year period when the federal assault weapon and large capacity magazine ban was in effect, the legislature finds that restricting the sale, manufacture, and distribution of large capacity magazines is likely to reduce gun deaths and injuries. The legislature further finds that this is a well-calibrated policy based on evidence that magazine capacity limits do not interfere with responsible, lawful self-defense. The legislature further finds that the threats to public safety posed by large capacity magazines are heightened given current conditions. Our country is in the midst of a pandemic, economic recession, social tensions, and reckonings over racial justice. The years 2020 and 2021 have seen a sharp increase in gun sales and gun violence, as well as fears over gun violence and incidents of armed intimidation. In this volatile atmosphere, the legislature declares that it is time to enhance public health and safety by limiting the sale of large capacity magazines. The legislature intends to limit the prospective sale of large capacity magazines, while allowing existing legal owners to retain the large capacity magazines they currently own." [
2022 c 104 s 1
.]
Effective date
—
2022 c 104:
"This act takes effect July 1, 2022." [
2022 c 104 s 6
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 29:
See note following RCW 7.77.060
.
Effective date
—
2019 c 243:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 243 s 6
.]
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Effective dates
—
2018 c 7:
"(1) Sections 1 and 2 of this act take effect July 1, 2018.
(2) Sections 3 through 9 of this act take effect July 1, 2019." [
2018 c 7 s 11
.]
Finding
—
2015 c 1 (Initiative Measure No. 594):
"There is broad consensus that felons, persons convicted of domestic violence crimes, and persons dangerously mentally ill as determined by a court should not be eligible to possess guns for public safety reasons. Criminal and public safety background checks are an effective and easy mechanism to ensure that guns are not purchased by or transferred to those who are prohibited from possessing them. Criminal and public safety background checks also reduce illegal gun trafficking. Because Washington's current background check requirements apply only to sales or transfers by licensed firearms dealers, many guns are sold or transferred without a criminal and public safety background check, allowing criminals and dangerously mentally ill individuals to gain access to guns.
Conducting criminal and public safety background checks will help ensure that all persons buying guns are legally eligible to do so. The people find that it is in the public interest to strengthen our background check system by extending the requirement for a background check to apply to all gun sales and transfers in the state, except as permitted herein. To encourage compliance with background check requirements, the sales tax imposed by RCW 82.08.020
would not apply to the sale or transfer of any firearms between two unlicensed persons if the unlicensed persons have complied with all background check requirements.
This measure would extend criminal and public safety background checks to all gun sales or transfers. Background checks would not be required for gifts between immediate family members or for antiques." [
2015 c 1 s 1
(Initiative Measure No. 594, approved November 4, 2014).]
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
"Sections 401 through 410, 413 through 416, 418 through 437, and 439 through 460 of this act shall take effect July 1, 1994." [
1994 sp.s. c 7 s 916
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Part headings not law
—
Severability
—
1992 c 205:
See notes following RCW 13.40.010
.
Severability
—
1983 c 232:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1983 c 232 s 14
.]
Severability
—
1971 ex.s. c 302:
"If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1971 ex.s. c 302 s 35
.]
Severability
—
1961 c 124:
"If any part of this act is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this act." [
1961 c 124 s 13
.]
Preemption and general repealer
—
1961 c 124:
"All laws or parts of laws of the state of Washington, its subdivisions and municipalities inconsistent herewith are hereby preempted and repealed." [
1961 c 124 s 14
.]
Short title
—
1935 c 172:
"This act may be cited as the 'Uniform Firearms Act.'" [
1935 c 172 s 18
.]
Severability
—
1935 c 172:
"If any part of this act is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this act." [
1935 c 172 s 17
.]
Construction
—
1935 c 172:
"This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it." [
1935 c 172 s 19
.]
RCW 9.41.040
Unlawful possession of firearms
—
Penalties.
(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree:
(i) If the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense; or
(ii) If the person owns, accesses, has in the person's custody, control, or possession, or receives any untraceable or undetectable firearm during any period of time that the person is subject to an order described in subsection (2)(a)(ii) of this section.
(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter
9A.20
RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm:
(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of:
(A) Any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section;
(B) Any of the following crimes when committed by one family or household member against another or by one intimate partner against another, as those terms are defined by the statutes in effect at the time of the commission of the crime, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 10.99.040
or any of the former RCW 26.50.060, 26.50.070, and
26.50.130
);
(C) Harassment when committed by one family or household member against another or by one intimate partner against another, as those terms are defined by the statutes in effect at the time of the commission of the crime, committed on or after June 7, 2018;
(D) Any of the following misdemeanor or gross misdemeanor crimes not included under (a)(i) (B) or (C) of this subsection, committed on or after July 23, 2023: Domestic violence (RCW 10.99.020
); stalking; cyberstalking; cyber harassment, excluding cyber harassment committed solely pursuant to the element set forth in RCW 9A.90.120
(1)(a)(i); harassment; aiming or discharging a firearm (RCW 9.41.230
); unlawful carrying or handling of a firearm (RCW 9.41.270
); animal cruelty in the second degree committed under RCW 16.52.207
(1); or any prior offense as defined in RCW 46.61.5055
(14) if committed within seven years of a conviction for any other prior offense under RCW 46.61.5055
;
(E) A violation of the provisions of a protection order under chapter
7.105
RCW restraining the person or excluding the person from a residence, when committed by one family or household member against another or by one intimate partner against another, committed on or after July 1, 2022; or
(F) A violation of the provisions of an order to surrender and prohibit weapons, an extreme risk protection order, or the provisions of any other protection order or no-contact order not included under (a)(i) (B) or (E) of this subsection restraining the person or excluding the person from a residence, committed on or after July 23, 2023;
(ii) During any period of time that the person is subject to a protection order, no-contact order, or restraining order by a court issued under chapter
7.105, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26A, or
26.26B
RCW or any of the former chapters
7.90, 7.92, 10.14, and
26.50
RCW that:
(A) Was issued after a hearing for which the person received actual notice, and at which the person had an opportunity to participate, whether the court then issues a full order or reissues a temporary order. If the court enters an agreed order by the parties without a hearing, such an order meets the requirements of this subsection;
(B) Restrains the person from harassing, stalking, or threatening the person protected under the order or child of the person or protected person, or others identified in the order, or engaging in other conduct that would place the protected person in reasonable fear of bodily injury to the protected person or child or others identified in the order; and
(C)(I) Includes a finding that the person represents a credible threat to the physical safety of the protected person or child or others identified in the order, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the protected person or child or other persons that would reasonably be expected to cause bodily injury; or
(II) Includes an order under RCW 9.41.800
requiring the person to surrender all firearms and prohibiting the person from accessing, having in his or her custody or control, possessing, purchasing, receiving, or attempting to purchase or receive, firearms;
(iii) After having previously been involuntarily committed based on a mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter
10.77
RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047
;
(iv) After dismissal of criminal charges based on incompetency to stand trial under *RCW 10.77.645, or after dismissal of criminal charges based on incompetency to stand trial under *RCW 10.77.650
when the court has made a finding indicating that the defendant has a history of one or more violent acts, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047
;
(v) If the person is under 18 years of age, except as provided in RCW 9.41.042
; and/or
(vi) If the person is free on bond or personal recognizance pending trial for a serious offense as defined in RCW 9.41.010
.
(b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter
9A.20
RCW.
(3) A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
(4) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401
and
69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity.
(5) In addition to any other penalty provided for by law, if a person under the age of 18 years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within 24 hours and the person's privilege to drive shall be revoked under RCW 46.20.265, unless the offense is the juvenile's first offense in violation of this section and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter
66.44, 69.52, 69.41, or
69.50
RCW.
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
(7)(a) A person, whether an adult or a juvenile, commits the civil infraction of unlawful possession of a firearm if the person has in the person's possession or has in the person's control a firearm after the person files a voluntary waiver of firearm rights under RCW 9.41.350
and the form has been accepted by the clerk of the court and the voluntary waiver has not been lawfully revoked.
(b) The civil infraction of unlawful possession of a firearm is a class 4 civil infraction punishable according to chapter
7.80
RCW.
(c) Each firearm unlawfully possessed under this subsection (7) shall be a separate infraction.
(d) The court may, in its discretion, order performance of up to two hours of community restitution in lieu of a monetary penalty prescribed for a civil infraction under this subsection (7).
(8) Each firearm unlawfully possessed under this section shall be a separate offense.
(9) A person may petition to restore the right to possess a firearm as provided in RCW 9.41.041
.
[
2025 c 122 s 5
;
2024 c 290 s 5
. Prior:
2023 c 295 s 3
;
2023 c 262 s 2
;
2022 c 268 s 28
;
2021 c 215 s 72
;
2020 c 29 s 4
; prior:
2019 c 248 s 2
;
2019 c 245 s 3
;
2019 c 46 s 5003
;
2018 c 234 s 1
;
2017 c 233 s 4
;
2016 c 136 s 7
;
2014 c 111 s 1
;
2011 c 193 s 1
;
2009 c 293 s 1
;
2005 c 453 s 1
;
2003 c 53 s 26
;
1997 c 338 s 47
;
1996 c 295 s 2
; prior:
1995 c 129 s 16
(Initiative Measure No. 159);
1994 sp.s. c 7 s 402
; prior:
1992 c 205 s 118
;
1992 c 168 s 2
;
1983 c 232 s 2
;
1961 c 124 s 3
;
1935 c 172 s 4
; RRS s 2516-4.]
NOTES:
*Reviser's note:
These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
Intent
—
2023 c 295:
"(1) The legislature finds that gun violence is a multifaceted public health problem that includes suicide, homicide, intimate partner violence, community violence, mass violence, nonfatal gunshot injuries and threats, with community violence and mass violence often committed by those with a history of domestic violence. National data indicates that in 2021, approximately 20,996 Americans died by firearm homicide and that 81 percent of all homicides are committed with a firearm. According to United States centers for disease control and prevention data, gun homicide disproportionately impacts people of color, especially Black males ages 15 to 34, who are 20 times more likely to die by gun violence than white males in the same age group. Black, Indigenous, and Latinx women are at higher risk for intimate partner violence-related homicide, and disparities in homicide rates are especially pronounced among women between 18 and 29 years of age. Nearly 60 percent of intimate partner violence-related homicides involve firearms.
(2) When perpetrators of intimate partner violence, including physical violence, sexual abuse, stalking, and psychological aggression of a current or former intimate partner, have access to firearms, women are especially at risk of serious or deadly harm. When an abusive partner or former partner owns or has access to a firearm, the likelihood of intimate partner homicide increases by a factor of five. Women in the United States are 21 times more likely to be killed with a gun than women in other high-income countries. There are about 4,500,000 women in America who have been threatened with a gun and nearly 1,000,000 women who have been shot or shot at by an intimate partner. Perpetrators of intimate partner violence who have access to firearms also use them to coerce, control, and intimidate their partners.
(3) Many who seek protection from harm through the civil legal system, and obtain a protection order and an order to surrender and prohibit weapons, may not wish to engage the criminal legal system or to have the threat or violence they have experienced be prosecuted. According to the national intimate partner and sexual violence survey, more than one in two non-Hispanic Black women, American Indian, or Alaskan Native women, three in five multiracial non-Hispanic women, and two in five Hispanic women have been a victim of physical violence, rape, and/or stalking by a partner in their lifetime. But they are far less likely to report the crimes, due to distrust of the criminal legal system, intergenerational trauma, fear of police interaction, and concern about over incarceration. For many, the threat of violence continues over a long period of time, making it critical that access to firearms is appropriately limited when there are ongoing indicators of risk as reflected by a protection order, an order to surrender and prohibit weapons, or violations of these orders.
(4) An extensive body of research has identified specific risk factors that increase the likelihood of individuals engaging in future violence, including gun violence, and presenting further risk to public safety. The strongest predictor of future violence is prior violent behavior, including perpetration of domestic violence and violent misdemeanors. Other particularly strong risk factors for future violence include recent violation of a domestic violence protection order or other protection order; frequent risky alcohol use or certain types of controlled substance use; and cruelty to animals. Unlawful or reckless use, display, or brandishing of a firearm and recent acquisition of firearms, ammunition, or other deadly weapons are also risk factors for future violence, as is access to firearms in general. Multiple research studies have also shown that easy access to firearms by the general public increases risk of death by both homicide and suicide. Individuals returning from incarceration are a vulnerable population for whom these risks may be compounded. Furthermore, homicide and suicide (by any means) are leading causes of death for returning residents after they are released from prison, especially soon after release. Research provides important guidance regarding events that should result in temporary prohibition of firearm rights so that the laws regarding firearm possession and the restoration of firearm rights are grounded in risk assessment data to help protect public health and safety while upholding individual liberty. These changes are not intended to punish, but to provide a regulatory framework to help ensure the safety of those with a heightened risk of experiencing gun violence.
(5) The laws requiring certain individuals who are subject to protection orders, no-contact orders, or restraining orders to immediately relinquish dangerous weapons and concealed pistol licenses, and be prohibited from possessing or purchasing firearms, have been strengthened in recent years to help better address the risks that access to firearms by those individuals poses for survivors and their children. The legislature finds that similarly strengthening the laws regarding unlawful possession and restoration of firearm rights will protect these survivors, and their families and communities, from added risk of harm, and include their personal knowledge regarding possible violations of firearm prohibitions in the restoration petition process.
(6) The legislature also finds it would be helpful to refine statutory language that was at issue in the Washington state supreme court's decision in State v. Dennis, 191 Wn.2d 169 (2018). In that decision, the court held that absent more specific language in RCW 9.41.040
regarding the five-year waiting period before a person may petition to have the person's firearm rights restored, the requisite waiting period may include any conviction-free period of five or more consecutive years, even if a person had been convicted of a new crime within the five years immediately preceding the person's filing of a petition for restoration of firearm rights. The legislature intends to clarify that a person may not petition to have the person's firearm rights restored if the person has been convicted of a new prohibiting crime within the specified number of consecutive years immediately preceding the person's filing of a petition.
(7) The legislature also finds that it is important to recognize and remove barriers for individuals who have demonstrated that they have safely reintegrated into their communities." [
2023 c 295 s 1
.]
Effective dates
—
2022 c 268:
See note following RCW 7.105.010
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 29:
See note following RCW 7.77.060
.
Severability
—
2005 c 453:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2005 c 453 s 7
.]
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Findings and intent
—
Short title
—
Severability
—
Captions not law
—
1995 c 129:
See notes following RCW 9.94A.510
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Part headings not law
—
Severability
—
1992 c 205:
See notes following RCW 13.40.010
.
Severability
—
1992 c 168:
See note following RCW 9.41.070
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 9.41.041
Unlawful possession of firearms
—
Restoration of right to possess.
(1) A person who is prohibited from possession of a firearm under RCW 9.41.040
may not petition a court to have the person's right to possess a firearm restored if the person has been convicted or found not guilty by reason of insanity of: A felony sex offense; a class A felony; or a felony offense with a maximum sentence of at least 20 years.
(2) A person who is prohibited from possession of a firearm under RCW 9.41.040, and is not disqualified from petitioning for restoration of firearm rights under subsection (1) of this section or required to petition as provided for in RCW 9.41.047, may petition a superior court to have the person's right to possess a firearm restored.
(a) The person must have, for the period of consecutive years as specified below immediately preceding the filing of the petition, been in the community without being convicted or found not guilty by reason of insanity of any crime that prohibits the possession of a firearm, as follows:
(i) Five years for a conviction or finding of not guilty by reason of insanity for any felony offense, or any of the following gross misdemeanor or misdemeanor offenses:
(A) Domestic violence (RCW 10.99.020
);
(B) Stalking;
(C) Cyberstalking;
(D) Cyber harassment, excluding cyber harassment committed solely pursuant to the element set forth in RCW 9A.90.120
(1)(a)(i);
(E) Harassment;
(F) Aiming or discharging a firearm (RCW 9.41.230
);
(G) Unlawful carrying or handling of a firearm (RCW 9.41.270
);
(H) Animal cruelty in the second degree committed under RCW 16.52.207
(1);
(I) Prior offense as defined by RCW 46.61.5055
; or
(J) Violation of the provisions of an order to surrender and prohibit weapons, an extreme risk protection order, or the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence; and
(ii) Three years for a conviction or finding of not guilty by reason of insanity for one or more nonfelony crimes not covered in (a)(i) of this subsection.
(b) The person petitioning for firearm rights to be restored must also meet the following requirements:
(i) Has no pending charges for any felony, gross misdemeanor, or misdemeanor crime at the time the petition is filed or during the petition process;
(ii) Has completed all sentencing conditions, other than nonrestitution fines and fees, for each felony, gross misdemeanor, or misdemeanor conviction on which the prohibition was based, including all court-ordered treatment. The court shall waive the requirement of this subsection (2)(b)(ii) if the petitioner provides verification from the sentencing court that relevant court records are no longer available, or attests to the unavailability of relevant records from other entities;
(iii) Has no prior felony convictions that would count as part of an offender score under RCW 9.94A.525
and has no out-of-state conviction for an offense which would disqualify the person from purchasing or possessing a firearm in the state of conviction. This determination shall be the responsibility of, and conducted by, the prosecuting attorney. An individual shall not be precluded from filing a petition to restore their firearm rights on the basis that they cannot verify whether they are disqualified from purchasing or possessing a firearm in the state of conviction; and
(iv) Has been determined by law enforcement based on available records and information as not subject to any other prohibition on possessing a firearm at the time the petition for the restoration of firearm rights is filed or during the petition process, and would be able to pass a background check to purchase a firearm if the petition to restore firearm rights is granted.
(3) The process for petitioning for restoration of firearm rights is as follows:
(a) The person must file a petition in a superior court in a county that entered any prohibition.
(b) At the time of filing the petition, the person must serve the prosecuting attorney in the county where the petition is filed with the petition.
(c) Upon receipt of service of the petition, the prosecuting attorney must take reasonable steps to notify the listed victim of a prohibiting crime and any person who previously obtained a full protection order or no-contact order against the person petitioning for restoration of firearm rights, if those persons have requested notification, of the procedure to provide a sworn written statement regarding the existence of any additional facts or information that they may have relevant to whether the person petitioning for restoration of firearm rights meets the requirements for restoration set forth in this section.
(d) The prosecuting attorney must verify in writing to the court that the prosecuting attorney has reviewed the relevant records, including written verification from Washington state patrol that Washington state patrol has conducted a records check of all civil and criminal records relevant to the prohibitors in RCW 9.41.040, and based on that information, whether there is sufficient evidence to determine that the person petitioning for restoration of firearm rights meets all the requirements set forth in RCW 9.41.040
and in this section to petition for and to be granted restoration of firearm rights.
(e) The court may set a hearing on the petition if the court determines additional information is necessary to determine whether the person meets the requirements for restoration of firearm rights.
(f) The court shall grant the petition only if the court finds that the person petitioning for restoration of firearm rights meets the requirements set forth in this section.
(g) The prosecuting attorney shall notify any victim who requests notification of the court's decision.
(4) When a person's right to possess a firearm has been restored under this section, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the Washington state patrol with a copy of the person's driver's license or identicard, or comparable identification such as the person's name, address, and date of birth.
(5) By December 30, 2023, the administrative office of the courts shall develop and distribute standard forms for petitions and orders issued under this section and RCW 9.41.047, and update protection order and no-contact order forms to allow victims to opt out of the notification provided for in this section if they do not wish to be notified at the time of a petition for firearm rights restoration. Beginning January 1, 2024, courts shall use the standard forms for petitions and orders under this section and RCW 9.41.047, and the updated protection order and no-contact order forms.
(6) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or combination of units of local government and its employees as provided in RCW 36.28A.010, are immune from civil liability for good faith conduct in the performance of the official's, employee's, or agency's duties under this section.
[
2023 c 295 s 4
.]
NOTES:
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
RCW 9.41.042
Children
—
Permissible firearm possession.
RCW 9.41.040
(2)(a)(v) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title
77
RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020
(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.
[
2023 c 295 s 7
;
2022 c 268 s 33
;
2020 c 18 s 6
;
2003 c 53 s 27
;
1999 c 143 s 2
;
1994 sp.s. c 7 s 403
.]
NOTES:
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Effective dates
—
2022 c 268:
See note following RCW 7.105.010
.
Explanatory statement
—
2020 c 18:
See note following RCW 43.79A.040
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.045
Offenders under supervision of the department
—
Possession prohibited
—
Penalties.
As a sentence condition and requirement, offenders under the supervision of the department of corrections pursuant to chapter
9.94A
RCW shall not own, use, or possess firearms or ammunition. In addition to any penalty imposed pursuant to RCW 9.41.040
when applicable, offenders found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions as provided for in RCW 9.94A.633, 9.94A.716, or
9.94A.737
. Firearms or ammunition owned, used, or possessed by offenders may be confiscated by community corrections officers and turned over to the Washington state patrol for disposal as provided in RCW 9.41.098
.
[
2009 c 28 s 2
;
1991 c 221 s 1
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 9.41.047
Persons found not guilty by reason of insanity and others
—
Possession rights.
(Effective until May 1, 2027.)
(1)(a) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm under state or federal law, including if the person was convicted of possession under RCW 69.50.4011, 69.50.4013, 69.50.4014, or
69.41.030, or at the time a person is committed by court order under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, or chapter
10.77
RCW for treatment for a mental disorder, or at the time that charges are dismissed based on incompetency to stand trial under **RCW 10.77.645, or the charges are dismissed based on incompetency to stand trial under **RCW 10.77.650
and the court makes a finding that the person has a history of one or more violent acts, the court shall notify the person, orally and in writing, that the person must immediately surrender all firearms to their local law enforcement agency and any concealed pistol license and that the person may not possess a firearm unless the person's right to do so is restored by the superior court that issued the order.
(b) The court shall forward within three judicial days following conviction or finding of not guilty by reason of insanity a copy of the person's driver's license or identicard, or comparable information such as the person's name, address, and date of birth, along with the date of conviction or finding of not guilty by reason of insanity, to the department of licensing and to the Washington state patrol firearms background check program.
(c) The court shall forward within three judicial days following commitment by court order under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, or chapter
10.77
RCW, for treatment for a mental disorder, or upon dismissal of charges based on incompetency to stand trial under **RCW 10.77.645, or the charges are dismissed based on incompetency to stand trial under **RCW 10.77.650
when the court makes a finding that the person has a history of one or more violent acts, a copy of the person's driver's license or identicard, or comparable information such as the person's name, address, and date of birth, along with the date of commitment or date charges are dismissed, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L. 103-159), and to the department of licensing, Washington state patrol firearms background check program, and the criminal division of the county prosecutor in the county of commitment or the county in which charges are dismissed. The petitioning party shall provide the court with the information required. If more than one commitment order is entered under one cause number, only one notification to the national instant criminal background check system, the department of licensing, the Washington state patrol firearms background check program, and the criminal division of the county prosecutor in the county of commitment or county in which charges are dismissed is required.
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the person has a concealed pistol license. If the person has a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for treatment for a mental disorder under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, chapter
10.77
RCW, or equivalent statutes of another jurisdiction, or by reason of having been detained under RCW 71.05.150
or
71.05.153, or because the person's charges were dismissed based on incompetency to stand trial under **RCW 10.77.645, or the charges were dismissed based on incompetency to stand trial under **RCW 10.77.650
and the court made a finding that the person has a history of one or more violent acts, may, upon discharge, petition the superior court to have his or her right to possess a firearm restored, except that a person found not guilty by reason of insanity may not petition for restoration of the right to possess a firearm until one year after discharge.
(b) The petition must be brought in the superior court that ordered the involuntary commitment or dismissed the charges based on incompetency to stand trial or the superior court of the county in which the petitioner resides.
(c) Except as provided in (d) and (e) of this subsection, firearm rights shall be restored if the person petitioning for restoration of firearm rights proves by a preponderance of the evidence that:
(i) The person petitioning for restoration of firearm rights is no longer required to participate in court-ordered inpatient or outpatient treatment;
(ii) The person petitioning for restoration of firearm rights has successfully managed the condition related to the commitment or detention or incompetency;
(iii) The person petitioning for restoration of firearm rights no longer presents a substantial danger to self or to the public;
(iv) The symptoms related to the commitment or detention or incompetency are not reasonably likely to recur; and
(v) There is no active extreme risk protection order or order to surrender and prohibit weapons entered against the petitioner.
(d) If a preponderance of the evidence in the record supports a finding that the person petitioning for restoration of firearm rights has engaged in violence and that it is more likely than not that the person will engage in violence after the person's right to possess a firearm is restored, the person petitioning for restoration of firearm rights shall bear the burden of proving by clear, cogent, and convincing evidence that the person does not present a substantial danger to the safety of others.
(e) If the person seeking restoration of firearm rights seeks restoration after having been detained under RCW 71.05.150
or
71.05.153, the state shall bear the burden of proof to show, by a preponderance of the evidence, that the person does not meet the restoration criteria in (c) of this subsection.
(f) When a person's right to possess a firearm has been restored under this subsection, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing and the Washington state patrol criminal records division, with a copy of the person's driver's license or identicard, or comparable identification such as the person's name, address, and date of birth, and to the health care authority, and the national instant criminal background check system index, denied persons file. In the case of a person whose right to possess a firearm has been suspended for six months as provided in RCW 71.05.182, the department of licensing shall forward notification of the restoration order to the licensing authority, which, upon receipt of such notification, shall immediately lift the suspension, restoring the person's concealed pistol license.
(4) No person who has been found not guilty by reason of insanity may petition a court for restoration of the right to possess a firearm unless the person meets the requirements for the restoration of the right to possess a firearm under RCW 9.41.041
.
[
2024 c 290 s 1
. Prior:
2023 c 295 s 5
;
2023 c 161 s 3
;
2020 c 302 s 60
; prior:
2019 c 248 s 3
;
2019 c 247 s 3
;
2018 c 201 s 6001
;
2016 c 93 s 1
;
2011 c 193 s 2
;
2009 c 293 s 2
;
2005 c 453 s 2
;
1996 c 295 s 3
; prior:
1994 sp.s. c 7 s 404
.]
NOTES:
Reviser's note:
*(1) RCW 71.05.320
was amended by 2020 c 302 ss 45 and 46, changing the phrase "mental health treatment" to "behavioral health treatment."
**(2) These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Severability
—
2005 c 453:
See note following RCW 9.41.040
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
PDF
RCW 9.41.047
Persons found not guilty by reason of insanity and others
—
Possession rights.
(Effective May 1, 2027.)
(1)(a) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm under state or federal law, including if the person was convicted of possession under RCW 69.50.4011, 69.50.4013, 69.50.4014, or
69.41.030, or at the time a person is committed by court order under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, or chapter
10.77
RCW for treatment for a mental disorder, or at the time that charges are dismissed based on incompetency to stand trial under **RCW 10.77.645, or the charges are dismissed based on incompetency to stand trial under **RCW 10.77.650
and the court makes a finding that the person has a history of one or more violent acts, the court shall notify the person, orally and in writing, that the person must immediately surrender all firearms to their local law enforcement agency and any concealed pistol license and that the person may not possess a firearm unless the person's right to do so is restored by the superior court that issued the order.
(b) The court shall forward within three judicial days following conviction or finding of not guilty by reason of insanity a copy of the person's driver's license or identicard, or comparable information such as the person's name, address, and date of birth, along with the date of conviction or finding of not guilty by reason of insanity, to the department of licensing and to the Washington state patrol firearms background check program.
(c) The court shall forward within three judicial days following commitment by court order under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, or chapter
10.77
RCW, for treatment for a mental disorder, or upon dismissal of charges based on incompetency to stand trial under **RCW 10.77.645, or the charges are dismissed based on incompetency to stand trial under **RCW 10.77.650
when the court makes a finding that the person has a history of one or more violent acts, a copy of the person's driver's license or identicard, or comparable information such as the person's name, address, and date of birth, along with the date of commitment or date charges are dismissed, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L. 103-159), and to the department of licensing, Washington state patrol firearms background check program, and the criminal division of the county prosecutor in the county of commitment or the county in which charges are dismissed. The petitioning party shall provide the court with the information required. If more than one commitment order is entered under one cause number, only one notification to the national instant criminal background check system, the department of licensing, the Washington state patrol firearms background check program, and the criminal division of the county prosecutor in the county of commitment or county in which charges are dismissed is required.
(2)(a) Upon receipt of the information provided in subsection (1) of this section, the Washington state patrol firearms background check program shall determine if the convicted or committed person, or the person whose charges are dismissed based on incompetency to stand trial, has a permit to purchase firearms. If the person does have a permit to purchase firearms, the Washington state patrol firearms background check program shall immediately revoke the permit.
(b) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the person has a concealed pistol license. If the person has a concealed pistol license, the department of licensing shall immediately notify the issuing law enforcement agency that the court has directed revocation of the license. Upon receipt of such notification, the issuing law enforcement agency shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for treatment for a mental disorder under RCW 71.05.240, *
71.05.320, 71.34.740, 71.34.750, chapter
10.77
RCW, or equivalent statutes of another jurisdiction, or by reason of having been detained under RCW 71.05.150
or
71.05.153, or because the person's charges were dismissed based on incompetency to stand trial under **RCW 10.77.645, or the charges were dismissed based on incompetency to stand trial under **RCW 10.77.650
and the court made a finding that the person has a history of one or more violent acts, may, upon discharge, petition the superior court to have the person's right to possess a firearm restored, except that a person found not guilty by reason of insanity may not petition for restoration of the right to possess a firearm until one year after discharge.
(b) The petition must be brought in the superior court that ordered the involuntary commitment or dismissed the charges based on incompetency to stand trial or the superior court of the county in which the petitioner resides.
(c) Except as provided in (d) and (e) of this subsection, firearm rights shall be restored if the person petitioning for restoration of firearm rights proves by a preponderance of the evidence that:
(i) The person petitioning for restoration of firearm rights is no longer required to participate in court-ordered inpatient or outpatient treatment;
(ii) The person petitioning for restoration of firearm rights has successfully managed the condition related to the commitment or detention or incompetency;
(iii) The person petitioning for restoration of firearm rights no longer presents a substantial danger to self or to the public;
(iv) The symptoms related to the commitment or detention or incompetency are not reasonably likely to recur; and
(v) There is no active extreme risk protection order or order to surrender and prohibit weapons entered against the petitioner.
(d) If a preponderance of the evidence in the record supports a finding that the person petitioning for restoration of firearm rights has engaged in violence and that it is more likely than not that the person will engage in violence after the person's right to possess a firearm is restored, the person petitioning for restoration of firearm rights shall bear the burden of proving by clear, cogent, and convincing evidence that the person does not present a substantial danger to the safety of others.
(e) If the person seeking restoration of firearm rights seeks restoration after having been detained under RCW 71.05.150
or
71.05.153, the state shall bear the burden of proof to show, by a preponderance of the evidence, that the person does not meet the restoration criteria in (c) of this subsection.
(f) When a person's right to possess a firearm has been restored under this subsection, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing and the Washington state patrol criminal records division, with a copy of the person's driver's license or identicard, or comparable identification such as the person's name, address, and date of birth, and to the health care authority, and the national instant criminal background check system index, denied persons file. In the case of a person whose right to possess a firearm has been suspended for six months as provided in RCW 71.05.182, the department of licensing shall forward notification of the restoration order to the licensing authority, which, upon receipt of such notification, shall immediately lift the suspension, restoring the person's concealed pistol license.
(4) No person who has been found not guilty by reason of insanity may petition a court for restoration of the right to possess a firearm unless the person meets the requirements for the restoration of the right to possess a firearm under RCW 9.41.041
.
[
2025 c 370 s 8
;
2024 c 290 s 1
. Prior:
2023 c 295 s 5
;
2023 c 161 s 3
;
2020 c 302 s 60
; prior:
2019 c 248 s 3
;
2019 c 247 s 3
;
2018 c 201 s 6001
;
2016 c 93 s 1
;
2011 c 193 s 2
;
2009 c 293 s 2
;
2005 c 453 s 2
;
1996 c 295 s 3
; prior:
1994 sp.s. c 7 s 404
.]
NOTES:
Reviser's note:
*(1) RCW 71.05.320
was amended by 2020 c 302 ss 45 and 46, changing the phrase "mental health treatment" to "behavioral health treatment."
**(2) These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Severability
—
2005 c 453:
See note following RCW 9.41.040
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.049
Persons who present likelihood of serious harm
—
Possession rights.
(1) When a designated crisis responder files a petition for initial detention under RCW 71.05.150
or
71.05.153
on the grounds that the person presents a likelihood of serious harm, the petition shall include a copy of the person's driver's license or identicard or comparable information such as their name, address, and date of birth. If the person is not subsequently committed for involuntary treatment under RCW 71.05.240, the court shall forward within three business days of the probable cause hearing a copy of the person's driver's license or identicard, or comparable information, along with the date of release from the facility, to the department of licensing, the criminal division of the county prosecutor in the county in which the petition was filed, and the Washington state patrol firearms background check program, which shall forward the information to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L. 103-159). Upon expiration of the six-month period during which the person's right to possess a firearm is suspended as provided in RCW 71.05.182, the Washington state patrol firearms background check program must remove the person from the national instant criminal background check system.
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the detained person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority, which, upon receipt of such notification, shall immediately suspend the license for a period of six months from the date of the person's release from the facility.
(3) A person who is prohibited from possessing a firearm by reason of having been detained under RCW 71.05.150
or
71.05.153
may, upon discharge, petition the superior court to have his or her right to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047
(3).
[
2024 c 290 s 2
;
2024 c 289 s 2
;
2020 c 302 s 61
;
2019 c 247 s 2
.]
NOTES:
Reviser's note:
This section was amended by 2024 c 289 s 2 and by 2024 c 290 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
RCW 9.41.050
Carrying firearms.
(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter
7.80
RCW and shall be punished accordingly pursuant to chapter
7.80
RCW and the infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
[
2003 c 53 s 28
;
1997 c 200 s 1
;
1996 c 295 s 4
;
1994 sp.s. c 7 s 405
;
1982 1st ex.s. c 47 s 3
;
1961 c 124 s 4
;
1935 c 172 s 5
; RRS s 2516-5.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1982 1st ex.s. c 47:
See note following RCW 9.41.190
.
RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050
shall not apply to:
(1)(a) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a background check within the past five years, or other law enforcement officers of this state or another state.
(b) Nothing in this subsection permits possession of a firearm by a deferred action for childhood arrivals recipient lawfully employed as a peace officer as defined in RCW 10.120.010
or a corrections officer as defined in RCW 43.101.010
beyond the authority granted under RCW 10.93.200
;
(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.
[
2024 c 330 s 3
;
2019 c 231 s 1
;
2011 c 221 s 1
;
2005 c 453 s 3
;
1998 c 253 s 2
;
1996 c 295 s 5
;
1995 c 392 s 1
;
1994 sp.s. c 7 s 406
;
1961 c 124 s 5
;
1935 c 172 s 6
; RRS s 2516-6.]
NOTES:
Severability
—
2005 c 453:
See note following RCW 9.41.040
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.065
Correctional employees
—
Effect of exemption from firearms restrictions
—
Liability limited.
The exemptions from firearms restrictions in RCW 9.41.060
and
9.41.300
for correctional personnel and community corrections officers who complete government-sponsored law enforcement firearms training do not create a duty on the part of the state or local governmental entities with respect to the off-duty conduct of correctional personnel and community corrections officers involving the use or misuse of a firearm.
The state of Washington, local governmental entities, and their officers, employees, and agents are not liable for any civil damages caused by the use or misuse of a firearm by off-duty correctional personnel or community corrections officers based on any act or omission in the provision of government-sponsored firearms training to the correctional personnel or community corrections officers.
[
2011 c 221 s 3
.]
RCW 9.41.070
Concealed pistol license
—
Application
—
Fee
—
Renewal.
(Effective until May 1, 2027.)
(1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
The applicant's constitutional right to bear arms shall not be denied, unless:
(a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040
or
9.41.045, or is prohibited from possessing a firearm under federal law;
(b) The applicant's concealed pistol license is in a revoked status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction regarding firearms pursuant to chapter
7.105
RCW, or RCW 9A.46.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, *
26.10.040, 26.26B.020, or
26.26A.470, or any of the former RCW 10.14.080, 26.10.115, 26.50.060, and
26.50.070
;
(e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under RCW 9.41.098
(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or RCW 9.41.040
(3) or (4) applies.
(2)(a) The issuing authority shall conduct a check through the national instant criminal background check system, the Washington state patrol electronic database, the health care authority electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040
or
9.41.045
to possess a firearm, or is prohibited from possessing a firearm under federal law, and therefore ineligible for a concealed pistol license.
(b) The issuing authority shall deny a permit to anyone who is found to be prohibited from possessing a firearm under federal or state law.
(c) (a) and (b) of this subsection apply whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
(d) A background check for an original license must be conducted through the Washington state patrol criminal identification section and shall include a national check from the federal bureau of investigation through the submission of fingerprints. The results will be returned to the issuing authority. The applicant may request and receive a copy of the results of the background check from the issuing authority. If the applicant seeks to amend or correct their record, the applicant must contact the Washington state patrol for a Washington state record or the federal bureau of investigation for records from other jurisdictions.
(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, email address at the option of the applicant, date and place of birth, race, gender, description, a complete set of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The application shall contain questions about the applicant's eligibility under RCW 9.41.040
and federal law to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. If the applicant is not a United States citizen, the applicant must provide the applicant's country of citizenship, United States issued alien number or admission number, and the basis on which the applicant claims to be exempt from federal prohibitions on firearm possession by aliens. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall, if applicable, meet the additional requirements of RCW 9.41.173
and produce proof of compliance with RCW 9.41.173
upon application. The license may be in triplicate or in a form to be prescribed by the department of licensing.
A photograph of the applicant may be required as part of the application and printed on the face of the license.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an online format, all information received under this subsection.
(5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
(d) Two dollars and sixteen cents to the firearms range account in the general fund; and
(e) Eighty-four cents to the concealed pistol license renewal notification account created in RCW 43.79.540
.
(6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
(c) Two dollars and sixteen cents to the firearms range account in the general fund; and
(d) Eighty-four cents to the concealed pistol license renewal notification account created in RCW 43.79.540
.
(7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.
(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(9)(a) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:
(i) Three dollars shall be deposited in the limited fish and wildlife account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to each applicant for a license; and
(ii) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(b) Beginning with concealed pistol licenses that expire on or after August 1, 2018, the department of licensing shall mail a renewal notice approximately ninety days before the license expiration date to the licensee at the address listed on the concealed pistol license application, or to the licensee's new address if the licensee has notified the department of licensing of a change of address. Alternatively, if the licensee provides an email address at the time of license application, the department of licensing may send the renewal notice to the licensee's email address. The notice must contain the date the concealed pistol license will expire, the amount of renewal fee, the penalty for late renewal, and instructions on how to renew the license.
(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.
(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
(12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040
. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
(13) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
(14) Any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew his or her license under subsections (6) and (9) of this section because of the person's assignment, reassignment, or deployment for out-of-state military service may renew his or her license within ninety days after the person returns to this state from out-of-state military service, if the person provides the following to the issuing authority no later than ninety days after the person's date of discharge or assignment, reassignment, or deployment back to this state: (a) A copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service, and (b) if appropriate, a copy of the person's discharge or amended or subsequent assignment, reassignment, or deployment order back to this state. A license so renewed under this subsection (14) shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license under this subsection (14) shall pay only the renewal fee specified in subsection (6) of this section and shall not be required to pay a late renewal penalty in addition to the renewal fee.
(15)(a) By October 1, 2019, law enforcement agencies that issue concealed pistol licenses shall develop and implement a procedure for the renewal of concealed pistol licenses through a mail application process, and may develop an online renewal application process, for any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew his or her license under subsections (6) and (9) of this section because of the person's assignment, reassignment, or deployment for out-of-state military service.
(b) A person applying for a license renewal under this subsection shall:
(i) Provide a copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service;
(ii) Apply for renewal within ninety days before or after the expiration date of the license; and
(iii) Pay the renewal licensing fee under subsection (6) of this section, and, if applicable, the late renewal penalty under subsection (9) of this section.
(c) A license renewed under this subsection takes effect on the expiration date of the prior license and is valid for a period of one year.
[
2021 c 215 s 94
;
2020 c 148 s 2
. Prior:
2019 c 249 s 1
;
2019 c 135 s 1
;
2019 c 46 s 5004
; prior:
2018 c 226 s 2
;
2018 c 201 s 6002
; prior:
2017 c 282 s 1
;
2017 c 174 s 1
;
2017 c 74 s 1
;
2011 c 294 s 1
; prior:
2009 c 216 s 5
;
2009 c 59 s 1
;
2002 c 302 s 703
;
1999 c 222 s 2
;
1996 c 295 s 6
;
1995 c 351 s 1
; prior:
1994 sp.s. c 7 s 407
;
1994 c 190 s 2
;
1992 c 168 s 1
;
1990 c 195 s 6
; prior:
1988 c 263 s 10
;
1988 c 223 s 1
;
1988 c 219 s 1
;
1988 c 36 s 1
;
1985 c 428 s 3
;
1983 c 232 s 3
;
1979 c 158 s 1
;
1971 ex.s. c 302 s 2
;
1961 c 124 s 6
;
1935 c 172 s 7
; RRS s 2516-7.]
NOTES:
*
Reviser's note:
RCW 26.10.040
was repealed by
2020 c 312 s 905
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
Effective date
—
2020 c 148:
See notes following RCW 77.12.170
.
Effective date
—
2019 c 249:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2019]." [
2019 c 249 s 2
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
Hunter education program:
"The legislature finds that the hunter education program offers classes that all new hunters in the state are legally required to complete, but that budget reductions have limited the assistance that may be provided to the volunteers who conduct these classes. A portion of the funds for this program is provided by statute exclusively for printing and distributing the hunter safety pamphlet. While this pamphlet should remain the highest spending priority for these funds, there is a surplus in the account which could assist with other activities by the volunteers conducting the hunter education program." [
1999 c 222 s 1
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1992 c 168:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1992 c 168 s 4
.]
Severability
—
1985 c 428:
See note following RCW 9.41.290
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
Severability
—
1971 ex.s. c 302:
See note following RCW 9.41.010
.
PDF
RCW 9.41.070
Concealed pistol license
—
Application
—
Fee
—
Renewal.
(Effective May 1, 2027.)
(1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a concealed pistol within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
A concealed pistol license application shall be issued unless the applicant is disqualified because the applicant:
(a) Is ineligible to possess a firearm under the provisions of RCW 9.41.040
or
9.41.045, or is prohibited from possessing a firearm under federal law;
(b) The applicant's concealed pistol license is in a revoked status;
(c) Is under twenty-one years of age;
(d) Is subject to a court order or injunction regarding firearms pursuant to chapter
7.105
RCW, or RCW 9A.46.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, *
26.10.040, 26.26B.020, or
26.26A.470, or any of the former RCW 10.14.080, 26.10.115, 26.50.060, and
26.50.070
;
(e) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;
(f) Has an outstanding warrant for the applicant's arrest from any court of competent jurisdiction for a felony or misdemeanor;
(g) Has been ordered to forfeit a firearm under RCW 9.41.098
(1)(e) within one year before filing an application for a concealed pistol license; or
(h) Has failed to produce a certificate of completion from a certified concealed carry firearms safety training program within the last five years, as provided under subsection (5) of this section and RCW 43.43.575, or proof that the applicant is exempt from the training requirement.
No person convicted of a felony may have the person's right to possess firearms restored or privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or RCW 9.41.040
(3) or (4) applies.
(2)(a) The issuing authority shall conduct a check through the national instant criminal background check system, the Washington state patrol electronic database, the administrative office of the courts, LInX-NW, the health care authority electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040
or
9.41.045
to possess a firearm, or is prohibited from possessing a firearm under federal or state law, and therefore ineligible for a concealed pistol license.
(b) The issuing authority shall deny a license to anyone who is found to be prohibited from possessing a firearm under federal or state law or otherwise disqualified from obtaining a concealed pistol license under the requirements of this section.
(c) (a) and (b) of this subsection apply whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
(d) A background check for an original license must be conducted through the Washington state patrol criminal identification section and shall include a national check from the federal bureau of investigation through the submission of fingerprints. The results will be returned to the issuing authority. The applicant may request and receive a copy of the results of the background check from the issuing authority. If the applicant seeks to amend or correct their record, the applicant must contact the Washington state patrol for a Washington state record or the federal bureau of investigation for records from other jurisdictions. An applicant presenting a valid permit to purchase firearms is exempt from the fingerprint check requirement in a concealed pistol license application.
(e)(i) If an application for a concealed pistol license is denied, the issuing authority shall send the applicant a written notice of the denial citing the specific statute under which the application is denied, and providing specific details regarding the grounds for denial in compliance with rules governing the dissemination of criminal history information. If the applicant provides an email address at the time of application, the issuing authority may send the denial notice to the applicant's email address. The written notice also must include information on the procedure for an applicant to request that the issuing authority reconsider the denial of the application.
(ii) If the issuing authority after reconsideration upholds the decision to deny the application, the applicant may seek judicial relief of the denial in superior court pursuant to RCW 9.41.0975
.
(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have the person's right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, email address at the option of the applicant, date and place of birth, race, gender, physical description, a complete set of fingerprints unless the applicant presents a valid permit to purchase firearms issued under RCW 9.41.121, signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol unless the applicant presents a valid permit to purchase firearms issued under RCW 9.41.121
.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The application shall contain questions about the applicant's eligibility under RCW 9.41.040
and federal law to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. If the applicant is not a United States citizen, the applicant must provide the applicant's country of citizenship, United States issued alien number or admission number, and the basis on which the applicant claims to be exempt from federal prohibitions on firearm possession by aliens. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall, if applicable, meet the additional requirements of RCW 9.41.173
and produce proof of compliance with RCW 9.41.173
upon application. The license may be in triplicate or in a form to be prescribed by the department of licensing.
A photograph of the applicant may be required as part of the application and printed on the face of the license.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an online format, all information received under this subsection.
(5)(a) The training required for issuance of a license under this section must be from a concealed carry firearms safety training program certified under RCW 43.43.575
that includes live-fire shooting exercises on a firing range that include a demonstration by the applicant of the safe handling of, and shooting proficiency with, firearms, including a minimum of 50 rounds of ammunition firing training at a firing range under the supervision of an instructor.
(b) Concealed pistol license applicants are exempt from the training requirement in this section if they can demonstrate they are exempt under RCW 9.41.1132
(5).
(6)(a) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.
The fee shall be distributed as follows:
(i) Fifteen dollars shall be paid to the state general fund;
(ii) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(iii) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
(iv) Two dollars and sixteen cents to the firearms range account in the general fund; and
(v) Eighty-four cents to the concealed pistol license renewal notification account created in RCW 43.79.540
.
(b) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.
The renewal fee shall be distributed as follows:
(i) Fifteen dollars shall be paid to the state general fund;
(ii) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;
(iii) Two dollars and sixteen cents to the firearms range account in the general fund; and
(iv) Eighty-four cents to the concealed pistol license renewal notification account created in RCW 43.79.540
.
(c) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.
(d) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(7)(a) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:
(i) Three dollars shall be deposited in the limited fish and wildlife account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to each applicant for a license; and
(ii) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(b) Beginning with concealed pistol licenses that expire on or after August 1, 2018, the department of licensing shall mail a renewal notice approximately ninety days before the license expiration date to the licensee at the address listed on the concealed pistol license application, or to the licensee's new address if the licensee has notified the department of licensing of a change of address. Alternatively, if the licensee provides an email address at the time of license application, the department of licensing may send the renewal notice to the licensee's email address. The notice must contain the date the concealed pistol license will expire, the amount of renewal fee, the penalty for late renewal, and instructions on how to renew the license.
(8) Notwithstanding the requirements of subsections (1) through (7) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.
(9) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
(10) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040
. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
(11) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
(12) Any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew a license under subsection (7) of this section because of the person's assignment, reassignment, or deployment for out-of-state military service may renew the license within ninety days after the person returns to this state from out-of-state military service, if the person provides the following to the issuing authority no later than ninety days after the person's date of discharge or assignment, reassignment, or deployment back to this state: (a) A copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service, and (b) if appropriate, a copy of the person's discharge or amended or subsequent assignment, reassignment, or deployment order back to this state. A license renewed under this subsection shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license under this subsection shall pay only the renewal fee specified in subsection (6) of this section and shall not be required to pay a late renewal penalty in addition to the renewal fee.
(13)(a) By October 1, 2019, law enforcement agencies that issue concealed pistol licenses shall develop and implement a procedure for the renewal of concealed pistol licenses through a mail application process, and may develop an online renewal application process, for any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew a license under subsection (7) of this section because of the person's assignment, reassignment, or deployment for out-of-state military service.
(b) A person applying for a license renewal under this subsection shall:
(i) Provide a copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service;
(ii) Apply for renewal within ninety days before or after the expiration date of the license; and
(iii) Pay the renewal licensing fee under subsection (6) of this section, and, if applicable, the late renewal penalty under subsection (7) of this section.
(c) A license renewed under this subsection takes effect on the expiration date of the prior license and is valid for a period of one year.
(14) Not later than one year after May 1, 2027, and annually thereafter, issuing authorities shall submit aggregate license application data as set forth in this section to the Washington state patrol firearms background check program for statewide analysis of the uniformity of the licensing system and any potential demographic disparities. Not later than 18 months after May 1, 2027, and annually thereafter, the Washington state patrol firearms background check program shall submit to the state legislature a report that includes all of the following information, to the extent available, regarding concealed pistol licenses for the preceding year:
(a) The number of license applications submitted, issued, and denied;
(b) Aggregate and anonymized demographic data on the number of applicants seeking licenses that were issued, including race, gender, date of birth, and county of residence;
(c) Aggregate and anonymized demographic data on the number of applicants seeking licenses that were denied, including race, gender, date of birth, and county of residence;
(d) The frequency with which licenses were denied for each of the statutory disqualifying factors listed in this section;
(e) The number of license denial decisions appealed by license applicants and the disposition of those appeals;
(f) The number of issued licenses revoked; and
(g) Information on the barriers, if any, to compiling and analyzing the information listed in (a) through (f) of this subsection.
[
2025 c 370 s 9
;
2021 c 215 s 94
;
2020 c 148 s 2
. Prior:
2019 c 249 s 1
;
2019 c 135 s 1
;
2019 c 46 s 5004
; prior:
2018 c 226 s 2
;
2018 c 201 s 6002
; prior:
2017 c 282 s 1
;
2017 c 174 s 1
;
2017 c 74 s 1
;
2011 c 294 s 1
; prior:
2009 c 216 s 5
;
2009 c 59 s 1
;
2002 c 302 s 703
;
1999 c 222 s 2
;
1996 c 295 s 6
;
1995 c 351 s 1
; prior:
1994 sp.s. c 7 s 407
;
1994 c 190 s 2
;
1992 c 168 s 1
;
1990 c 195 s 6
; prior:
1988 c 263 s 10
;
1988 c 223 s 1
;
1988 c 219 s 1
;
1988 c 36 s 1
;
1985 c 428 s 3
;
1983 c 232 s 3
;
1979 c 158 s 1
;
1971 ex.s. c 302 s 2
;
1961 c 124 s 6
;
1935 c 172 s 7
; RRS s 2516-7.]
NOTES:
*
Reviser's note:
RCW 26.10.040
was repealed by
2020 c 312 s 905
.
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
Effective date
—
2020 c 148:
See notes following RCW 77.12.170
.
Effective date
—
2019 c 249:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2019]." [
2019 c 249 s 2
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
Hunter education program:
"The legislature finds that the hunter education program offers classes that all new hunters in the state are legally required to complete, but that budget reductions have limited the assistance that may be provided to the volunteers who conduct these classes. A portion of the funds for this program is provided by statute exclusively for printing and distributing the hunter safety pamphlet. While this pamphlet should remain the highest spending priority for these funds, there is a surplus in the account which could assist with other activities by the volunteers conducting the hunter education program." [
1999 c 222 s 1
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1992 c 168:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1992 c 168 s 4
.]
Severability
—
1985 c 428:
See note following RCW 9.41.290
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
Severability
—
1971 ex.s. c 302:
See note following RCW 9.41.010
.
RCW 9.41.071
Law enforcement agency
—
Fingerprints fee.
(Effective May 1, 2027.)
A local law enforcement agency taking fingerprints pursuant to RCW 9.41.121
may charge a reasonable fee to recover as nearly as practicable the direct and indirect costs to the local law enforcement agency of taking and transmitting the fingerprints. A local law enforcement agency taking fingerprints pursuant to RCW 9.41.121
must check for valid existing warrants for arrest of the applicant.
[
2025 c 370 s 7
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
RCW 9.41.073
Concealed pistol license
—
Reciprocity.
(1)(a) A person licensed to carry a pistol in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:
(i) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and
(ii) The licensing state requires mandatory fingerprint-based  background checks of criminal and mental health history for all persons who apply for a concealed pistol license.
(b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.
(2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section.
[
2004 c 148 s 1
.]
RCW 9.41.075
Concealed pistol license
—
Revocation.
(Effective until May 1, 2027.)
(1) The license shall be revoked by a law enforcement agency immediately upon:
(a) Discovery by the law enforcement agency that the licensee was ineligible under RCW 9.41.070
for a concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee, or the licensee being found not guilty by reason of insanity, of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040
to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years;
(d) An order that the licensee forfeit a firearm under RCW 9.41.098
(1)(d); or
(e) The law enforcement agency's receipt of an order to surrender and prohibit weapons or an extreme risk protection order, other than an ex parte temporary protection order, issued against the licensee.
(2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within 14 days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the law enforcement agency shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the law enforcement agency shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The law enforcement agency shall require the person to produce the evidence within 15 days of the revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098
(1)(d), the law enforcement agency shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098
(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The law enforcement agency shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
[
2021 c 215 s 73
;
2005 c 453 s 4
;
1994 sp.s. c 7 s 408
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Severability
—
2005 c 453:
See note following RCW 9.41.040
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
PDF
RCW 9.41.075
Concealed pistol license
—
Revocation.
(Effective May 1, 2027.)
(1) The license shall be revoked by a law enforcement agency immediately upon:
(a) Discovery by the law enforcement agency that the licensee was ineligible under RCW 9.41.070
for a concealed pistol license when applying for the license or license renewal or has become ineligible after the license was issued;
(b) Conviction of the licensee, or the licensee being found not guilty by reason of insanity, of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040
to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years;
(d) An order that the licensee forfeit a firearm under RCW 9.41.098
(1)(d); or
(e) The law enforcement agency's receipt of an order to surrender and prohibit weapons or an extreme risk protection order, other than an ex parte temporary protection order, issued against the licensee.
(2) The law enforcement agency must provide a written notice of the revocation to the license holder citing the specific statute under which the license is revoked, and providing details regarding the grounds for revocation in compliance with rules governing the dissemination of criminal history information. The written notice also must include information on the procedure for the license holder to request that the law enforcement agency reconsider the revocation determination. If the agency after reconsideration upholds the decision to revoke the license, the license holder may seek relief of the denial in superior court pursuant to RCW 9.41.0975
.
(3)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within 14 days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the law enforcement agency shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the law enforcement agency shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The law enforcement agency shall require the person to produce the evidence within 15 days of the revocation of the license.
(4) When a licensee is ordered to forfeit a firearm under RCW 9.41.098
(1)(d), the law enforcement agency shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098
(1)(d) may not reapply for a new license until the end of the revocation period.
(5) The law enforcement agency shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
[
2025 c 370 s 10
;
2021 c 215 s 73
;
2005 c 453 s 4
;
1994 sp.s. c 7 s 408
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Severability
—
2005 c 453:
See note following RCW 9.41.040
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.080
Delivery to ineligible persons.
No person may deliver a firearm to any person whom he or she has reasonable cause to believe: (1) Is ineligible under RCW 9.41.040
to possess a firearm or (2) has signed a valid voluntary waiver of firearm rights that has not been revoked under RCW 9.41.350
. Any person violating this section is guilty of a class C felony, punishable under chapter
9A.20
RCW.
[
2018 c 145 s 3
;
1994 sp.s. c 7 s 409
;
1935 c 172 s 8
; RRS s 2516-8.]
NOTES:
Effective date
—
2018 c 145 ss 1, 3, and 4:
See note following RCW 9.41.350
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.090
Dealer deliveries regulated
—
Hold on delivery
—
Fees authorized.
(Effective until May 1, 2027.)
(1) In addition to the other requirements of this chapter, no dealer may deliver a firearm to the purchaser thereof until:
(a) The purchaser provides proof of completion of a recognized firearm safety training program within the last five years that complies with the requirements in RCW 9.41.1132, or proof that the purchaser is exempt from the training requirement;
(b) The dealer is notified by the Washington state patrol firearms background check program that the purchaser is eligible to possess a firearm under state and federal law; and
(c) The requirements and time periods in RCW 9.41.092
have been satisfied.
(2) In determining whether the purchaser is eligible to possess a firearm, the Washington state patrol firearms background check program shall check with the national instant criminal background check system, provided for by the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), the Washington state patrol electronic database, the health care authority electronic database, the administrative office of the courts, LInX-NW, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040
to possess a firearm.
(3)(a) At the time of applying for the purchase of a firearm, the purchaser shall sign and deliver to the dealer an application containing:
(i) His or her full name, residential address, date and place of birth, race, and gender;
(ii) The date and hour of the application;
(iii) The applicant's driver's license number or state identification card number;
(iv) A description of the firearm including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of the firearm. If the manufacturer's number is not available at the time of applying for the purchase of a firearm, the application may be processed, but delivery of the firearm to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the Washington state patrol firearms background check program; and
(v) A statement that the purchaser is eligible to purchase and possess a firearm under state and federal law.
(b) The dealer shall provide the applicant with information that contains two warnings substantially stated as follows:
(i) CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution; and
(ii) CAUTION: The presence of a firearm in the home has been associated with an increased risk of death to self and others, including an increased risk of suicide, death during domestic violence incidents, and unintentional deaths to children and others.
The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms and firearms safety.
(c) The dealer shall, by the end of the business day, transmit the information from the application through secure automated firearms e-check (SAFE) to the Washington state patrol firearms background check program. The original application shall be retained by the dealer for six years.
(d) The dealer shall deliver the firearm to the purchaser once the requirements and period of time specified in this chapter are satisfied. The application shall not be denied unless the purchaser is not eligible to purchase or possess the firearm under state or federal law or has not complied with the requirements of this section.
(e) The Washington state patrol firearms background check program shall retain or destroy applications to purchase a firearm in accordance with the requirements of 18 U.S.C. Sec. 922.
(4) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a firearm is guilty of false swearing under RCW 9A.72.040
.
(5) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
[
2023 c 161 s 1
; (2019 c 244 s 1 repealed by 2023 c 161 s 10);
2019 c 3 s 3
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 201 s 6003
;
2015 c 1 s 5
(Initiative Measure No. 594, approved November 4, 2014);
1996 c 295 s 8
. Prior:
1994 sp.s. c 7 s 410
;
1994 c 264 s 1
;
1988 c 36 s 2
;
1985 c 428 s 4
;
1983 c 232 s 4
;
1969 ex.s. c 227 s 1
;
1961 c 124 s 7
;
1935 c 172 s 9
; RRS s 2516-9.]
NOTES:
Effective date
—
2023 c 161:
"This act takes effect January 1, 2024." [
2023 c 161 s 11
.]
Contingent expiration date
—
2019 c 244:
"(1) Section 1, chapter 244, Laws of 2019 expires June 30, 2022, if the contingency in subsection (2) of this section does not occur by December 31, 2021, as determined by the Washington state patrol.
(2) Section 1, chapter 244, Laws of 2019 expires six months after the date on which the Washington state patrol determines that a single point of contact firearm background check system, for purposes of the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), is operational in the state.
(3) If section 1, chapter 244, Laws of 2019 expires pursuant to subsection (2) of this section, the Washington state patrol must provide written notice of the expiration to the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the Washington state patrol." [
2019 c 244 s 2
.]
Effective date
—
2019 c 244:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 244 s 3
.]
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1985 c 428:
See note following RCW 9.41.290
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
PDF
RCW 9.41.090
Dealer deliveries regulated
—
Hold on delivery
—
Fees authorized.
(Effective May 1, 2027.)
(1) In addition to the other requirements of this chapter, no dealer may deliver a firearm to the purchaser or transferee thereof until:
(a) The purchaser or transferee produces a valid permit to purchase firearms under RCW 9.41.121
;
(b) The dealer is notified by the Washington state patrol firearms background check program that the purchaser or transferee is eligible to possess a firearm under state and federal law; and
(c) The requirements and time periods in RCW 9.41.092
have been satisfied.
(2) In determining whether the purchaser or transferee is eligible to possess a firearm, the Washington state patrol firearms background check program shall check with the national instant criminal background check system, provided for by the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), the Washington state patrol electronic database, the health care authority electronic database, the administrative office of the courts, LInX-NW, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040
to possess a firearm.
(3)(a) In any case where there is an outstanding warrant for the applicant's arrest from any court of competent jurisdiction for a felony or misdemeanor, the Washington state patrol firearms background check program shall advise the dealer that the delivery of the firearm is delayed. The Washington state patrol firearms background check program shall confirm the existence of outstanding warrants after notification of the application to purchase a firearm is received. Upon confirming that the warrant is valid, the Washington state patrol firearms background check program will advise the dealer that transfer of the firearm is denied.
(b) The Washington state patrol firearms background check program shall notify the dealer that delivery of the firearm must be delayed in any case where it cannot confirm the applicant's identity or determine the applicant's eligibility to purchase and possess a firearm due to disposition records in this state or elsewhere reflecting: (i) Open criminal charges; (ii) pending criminal charges; (iii) pending commitment proceedings; or (iv) an arrest for an offense making a person ineligible to possess a firearm under RCW 9.41.040
.
(4)(a) At the time of applying for the purchase of a firearm, the applicant shall provide the firearm dealer the application information necessary to submit the background check to the Washington state patrol background check system, including:
(i) The applicant's full name, residential address, date and place of birth, race, and gender;
(ii) The date and hour of the application;
(iii) The applicant's driver's license number or state identification card number;
(iv) The identification number of the applicant's permit to purchase firearms;
(v) A description of the firearm including the make, model, caliber and if available the manufacturer's number; and
(vi) A statement that the applicant is eligible to purchase and possess a firearm under state and federal law.
(b) The dealer shall provide the applicant with information that contains two warnings substantially stated as follows:
(i) CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution; and
(ii) CAUTION: The presence of a firearm in the home has been associated with an increased risk of death to self and others, including an increased risk of suicide, death during domestic violence incidents, and unintentional deaths to children and others.
The applicant shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms and firearms safety.
(c) The dealer shall transmit the information from the application through secure automated firearms e-check (SAFE) to the Washington state patrol firearms background check program.
(d) The dealer shall deliver the firearm to the purchaser or transferee once the requirements and period of time specified in this chapter are satisfied. The application shall not be denied unless the purchaser or transferee is not eligible to purchase or possess the firearm under state or federal law or has not complied with the requirements of this section.
(e) The Washington state patrol firearms background check program shall retain or destroy applications to purchase a firearm in accordance with the requirements of 18 U.S.C. Sec. 922.
(5) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a firearm is guilty of false swearing under RCW 9A.72.040
.
(6) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
[
2025 c 370 s 1
;
2023 c 161 s 1
; (2019 c 244 s 1 repealed by 2023 c 161 s 10);
2019 c 3 s 3
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 201 s 6003
;
2015 c 1 s 5
(Initiative Measure No. 594, approved November 4, 2014);
1996 c 295 s 8
. Prior:
1994 sp.s. c 7 s 410
;
1994 c 264 s 1
;
1988 c 36 s 2
;
1985 c 428 s 4
;
1983 c 232 s 4
;
1969 ex.s. c 227 s 1
;
1961 c 124 s 7
;
1935 c 172 s 9
; RRS s 2516-9.]
NOTES:
Effective date
—
2025 c 370:
"Except for section 6 of this act, this act takes effect May 1, 2027." [
2025 c 370 s 19
.]
Effective date
—
2023 c 161:
"This act takes effect January 1, 2024." [
2023 c 161 s 11
.]
Contingent expiration date
—
2019 c 244:
"(1) Section 1, chapter 244, Laws of 2019 expires June 30, 2022, if the contingency in subsection (2) of this section does not occur by December 31, 2021, as determined by the Washington state patrol.
(2) Section 1, chapter 244, Laws of 2019 expires six months after the date on which the Washington state patrol determines that a single point of contact firearm background check system, for purposes of the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), is operational in the state.
(3) If section 1, chapter 244, Laws of 2019 expires pursuant to subsection (2) of this section, the Washington state patrol must provide written notice of the expiration to the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the Washington state patrol." [
2019 c 244 s 2
.]
Effective date
—
2019 c 244:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [
2019 c 244 s 3
.]
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1985 c 428:
See note following RCW 9.41.290
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 9.41.092
Licensed dealer deliveries
—
Background checks.
Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until:
(1) The results of all required background checks are known and the purchaser or transferee (a) is not prohibited from owning or possessing a firearm under federal or state law and (b) does not have a voluntary waiver of firearm rights currently in effect; and
(2) Ten business days have elapsed from the date the licensed dealer requested the background check.
[
2023 c 161 s 4
;
2019 c 3 s 4
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 145 s 4
;
2015 c 1 s 4
(Initiative Measure No. 594, approved November 4, 2014).]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Effective date
—
2018 c 145 ss 1, 3, and 4:
See note following RCW 9.41.350
.
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.094
Waiver of confidentiality.
A signed application to purchase a firearm shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility to purchase a firearm to an inquiring court, law enforcement agency, or the Washington state patrol firearms background check program.
[
2023 c 161 s 5
;
2019 c 3 s 7
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 201 s 6004
;
1994 sp.s. c 7 s 411
.]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 9.41.097
Supplying information on the eligibility of persons to possess firearms, purchase firearms, or be issued a concealed pistol license.
(Effective until May 1, 2027.)
(1) The health care authority, mental health institutions, and other health care facilities shall, upon request of a court, law enforcement agency, or the state, supply such relevant information as is necessary to determine the eligibility of a person to possess a firearm, to be issued a concealed pistol license under RCW 9.41.070, or to purchase a firearm under RCW 9.41.090
.
(2) Mental health information received by: (a) The department of licensing pursuant to RCW 9.41.047
or
9.41.173
; (b) an issuing authority pursuant to RCW 9.41.047
or
9.41.070
; (c) a chief of police or sheriff pursuant to RCW 9.41.090
or
9.41.173
; (d) a court or law enforcement agency pursuant to subsection (1) of this section; or (e) the Washington state patrol firearms background check program pursuant to RCW 9.41.090, shall not be disclosed except as provided in RCW 42.56.240
(4).
[
2023 c 161 s 6
;
2019 c 3 s 8
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 201 s 6005
;
2009 c 216 s 6
;
2005 c 274 s 202
;
1994 sp.s. c 7 s 412
;
1983 c 232 s 5
.]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
PDF
RCW 9.41.097
Supplying information on the eligibility of persons to possess firearms, purchase firearms, or be issued a concealed pistol license.
(Effective May 1, 2027.)
(1) The health care authority, mental health institutions, and other health care facilities shall, upon request of a court, law enforcement agency, or the state, supply such relevant information as is necessary to determine the eligibility of a person to possess a firearm, to be issued a permit to purchase firearms under RCW 9.41.121
or a concealed pistol license under RCW 9.41.070, or to purchase a firearm under RCW 9.41.090
.
(2) Mental health information received by: (a) The department of licensing pursuant to RCW 9.41.047
or
9.41.173
; (b) an issuing authority pursuant to RCW 9.41.047
or
9.41.070
; (c) a chief of police or sheriff pursuant to RCW 9.41.090
or
9.41.173
; (d) a court or law enforcement agency pursuant to subsection (1) of this section; or (e) the Washington state patrol firearms background check program pursuant to RCW 9.41.090, shall not be disclosed except as provided in RCW 42.56.240
(4).
[
2025 c 370 s 11
;
2023 c 161 s 6
;
2019 c 3 s 8
(Initiative Measure No. 1639, approved November 6, 2018);
2018 c 201 s 6005
;
2009 c 216 s 6
;
2005 c 274 s 202
;
1994 sp.s. c 7 s 412
;
1983 c 232 s 5
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 9.41.0975
Officials and agencies
—
Immunity, writ of mandamus.
(Effective until May 1, 2027.)
(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license or alien firearm license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license or alien firearm license;
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license or alien firearm license;
(g) For issuing a dealer's license to a person ineligible for such a license; or
(h) For failing to issue a dealer's license to a person eligible for such a license.
(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
(b) Directing the Washington state patrol firearms background check program to approve an application to purchase a firearm wrongfully denied;
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application for a firearm be corrected; or
(d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.
The application for the writ may be made in the county in which the application for a concealed pistol license or alien firearm license or an application to purchase a firearm was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.
[
2023 c 161 s 7
;
2019 c 3 s 9
(Initiative Measure No. 1639, approved November 6, 2018);
2009 c 216 s 7
;
1996 c 295 s 9
;
1994 sp.s. c 7 s 413
.]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
PDF
RCW 9.41.0975
Officials and agencies
—
Immunity, writ of mandamus.
(Effective May 1, 2027.)
(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
(c) For issuing a permit to purchase firearms, concealed pistol license, or alien firearm license to a person ineligible for such a license;
(d) For failing to issue a permit to purchase firearms, concealed pistol license, or alien firearm license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued permit to purchase firearms, concealed pistol license, or alien firearm license;
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a permit to purchase firearms, concealed pistol license, or alien firearm license;
(g) For issuing a dealer's license to a person ineligible for such a license; or
(h) For failing to issue a dealer's license to a person eligible for such a license.
(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license, permit to purchase firearms, or alien firearm license wrongfully refused, or to reinstate a concealed pistol license or permit to purchase firearms wrongfully revoked;
(b) Directing the Washington state patrol firearms background check program to approve an application to purchase a firearm wrongfully denied;
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a permit to purchase firearms, concealed pistol license, or alien firearm license or in the wrongful denial of an application for the purchase or transfer of a firearm be corrected; or
(d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.
The application for the writ may be made in the county in which the application for a permit to purchase firearms, concealed pistol license, or alien firearm license or an application to purchase a firearm was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.
[
2025 c 370 s 12
;
2023 c 161 s 7
;
2019 c 3 s 9
(Initiative Measure No. 1639, approved November 6, 2018);
2009 c 216 s 7
;
1996 c 295 s 9
;
1994 sp.s. c 7 s 413
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
RCW 9.41.098
Forfeiture of firearms
—
Disposition
—
Confiscation.
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060
or
9.41.070
to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090
;
(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040
or
9.41.045
;
(d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;
(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter
46.61
RCW;
(f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title
77
RCW shall not result in forfeiture under this section;
(g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter
10.77
RCW or committed for mental health treatment under chapter
71.05
RCW;
(h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010
or
63.40.010
; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010
or
63.40.010
.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in this section that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210
. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210
.
(c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, firearms, and explosives are exempt from destruction and shall be disposed of by auction or trade to licensed dealers or to museums or historical societies. For the purposes of this subsection (2)(c), "museum or historical society" means the same as in RCW 63.26.010
and is designated as a nonprofit organization under section 501(c)(3) of the internal revenue code.
(d) Firearms in the possession of the Washington state patrol that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers or destroyed, except as provided in (c) of this subsection. The Washington state patrol may retain any proceeds of an auction or trade.
(e)(i) Any firearms in the possession of a state or local government entity or law enforcement agency that are obtained through a firearm buy-back program conducted by the entity or agency must be destroyed except as provided in (e)(ii) or (c) of this subsection.
(ii) A state or local government entity or law enforcement agency conducting a firearm buy-back program shall establish procedures for: Returning relinquished firearms that are determined to be stolen to the rightful owners of the firearms; and determining whether any relinquished firearms have been used in the commission of a crime and retaining and storing such firearms until no longer needed for law enforcement investigation or evidence purposes.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
(5) For purposes of this section, "destroy" means the melting or shredding of all parts of a firearm that were attached to the firearm at the time the firearm came into the possession of the state or local government entity or law enforcement agency, including, but not limited to, the frame or receiver, barrel, bolt, and grip, as applicable, and any accessories or attachments including, but not limited to, any sight, scope, silencer, or suppressor, as applicable.
[
2024 c 287 s 1
;
2016 sp.s. c 29 s 281
;
2003 c 39 s 5
;
1996 c 295 s 10
;
1994 sp.s. c 7 s 414
;
1993 c 243 s 1
;
1989 c 222 s 8
;
1988 c 223 s 2
. Prior:
1987 c 506 s 91
;
1987 c 373 s 7
;
1986 c 153 s 1
;
1983 c 232 s 6
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Effective date
—
1993 c 243:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 7, 1993]." [
1993 c 243 s 2
.]
Legislative findings and intent
—
1987 c 506:
See note following RCW 77.04.020
.
Legislative finding, purpose
—
Severability
—
1987 c 373:
See notes following RCW 46.61.502
.
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 9.41.100
Dealer licensing and registration required.
Every dealer shall be licensed as provided in RCW 9.41.110
and shall register with the department of revenue as provided in chapters
82.04
and
82.32
RCW.
[
1994 sp.s. c 7 s 415
;
1935 c 172 s 10
; RRS s 2516-10.]
NOTES:
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.