RCW 9.41.110
Dealer's licenses, by whom granted, conditions, fees
—
Employees, fingerprinting and background checks
—
Wholesale sales excepted
—
Permits prohibited.
(Effective until May 1, 2027.)
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this chapter. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section. Any law enforcement agency acting within the scope of its jurisdiction may investigate a breach of the licensing conditions established in this chapter.
(5)(a) A licensing authority shall, within 30 days after the filing of an application of any person for a dealer's license, determine whether to grant the license. 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 90 days, the licensing authority shall have up to 60 days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040
or ineligible for a concealed pistol license under RCW 9.41.070
shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check in advance of engaging in the sale or transfer of firearms and to undergo a background check annually thereafter. An employee must be at least 21 years of age, eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of firearms that are applicable to dealers.
(6) As a condition of licensure, a dealer shall annually certify to the licensing authority, in writing and under penalty of perjury, that the dealer is in compliance with each licensure requirement established in this section.
(7)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (7)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and this section. The license of a dealer who fails to comply with the requirements of RCW 9.41.080
and
9.41.090
and subsection (16) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(8) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
(9)(a) The business building location designated in the license shall be secured:
(i) With at least one of the following features designed to prevent unauthorized entry, which must be installed on each exterior door and window of the place of business:
(A) Bars or grates;
(B) Security screens; or
(C) Commercial grade metal doors; and
(ii) With a security alarm system that is:
(A) Properly installed and maintained in good condition;
(B) Monitored by a remote central station that can contact law enforcement in the event of an alarm;
(C) Capable of real-time monitoring of all exterior doors and windows, and all areas where firearms are stored; and
(D) Equipped with, at minimum, detectors that can perceive entry, motion, and sound.
(b) It is not a violation of this subsection if any security feature or system becomes temporarily inoperable through no fault of the dealer.
(10)(a) Dealers shall secure each firearm during business hours, except when the firearm is being shown to a customer, repaired, or otherwise worked on, in a manner that prevents a customer or other member of the public from accessing or using the firearm, which may include keeping the firearm in a locked container or in a locked display case.
(b) Other than during business hours, all firearms shall be secured (i) on the dealer's business premises in a locked fireproof safe or vault, (ii) in a room or building that meets all requirements of subsection (9)(a) of this section, or (iii) in a secured and locked area under the dealer's control while the dealer is conducting business at a temporary location.
(11)(a) A dealer shall ensure that its business location designated in the license is monitored by a digital video surveillance system that meets all of the following requirements:
(i) The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance;
(ii) Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in (a)(iii) of this subsection and reasonably produce recordings that allow for the clear identification of any person;
(iii) The areas recorded shall include, but are not limited to, all of the following:
(A) Interior views of all exterior doors, windows, and any other entries or exits to the premises;
(B) All areas where firearms are displayed; and
(C) All points of sale, sufficient to identify the parties involved in the transaction;
(iv) The system shall be capable of recording 24 hours per day at a frame rate no less than 15 frames per second, and must either (A) record continuously or (B) be activated by motion and remain active for at least 15 seconds after motion ceases to be detected;
(v) The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft;
(vi) Recordings shall be maintained for a minimum of 90 days for all recordings of areas where firearms are displayed and points of sale, and for a minimum of 45 days for all recordings of interior views of exterior doors, windows, and any other entries or exits;
(vii) Recorded images shall clearly and accurately display the date and time;
(viii) The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b) A licensed dealer shall not use, share, allow access to, or otherwise release surveillance recordings, to any person except as follows:
(i) A dealer shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(ii) A dealer may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c) The dealer shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: "THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."
(d) This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
(e) It is not a violation of this subsection if the surveillance system becomes temporarily inoperable through no fault of the dealer.
(12) A dealer shall:
(a) Promptly review and respond to all requests from law enforcement agencies and officers, including trace requests and requests for documents and records, as soon as practicably possible and no later than 24 hours after learning of the request;
(b) Promptly notify local law enforcement agencies and the bureau of alcohol, tobacco, firearms and explosives of any loss, theft, or unlawful transfer of any firearm or ammunition as soon as practicably possible and no later than 24 hours after the dealer knows or should know of the reportable event.
(13) A dealer shall:
(a) Establish and maintain a book, or if the dealer should choose, an electronic-based record of purchase, sale, inventory, and other records at the dealer's place of business and shall make all such records available to law enforcement upon request. Such records shall at a minimum include the make, model, caliber or gauge, manufacturer's name, and serial number of all firearms that are acquired or disposed of not later than one business day after their acquisition or disposition;
(b) Maintain monthly backups of the records required by (a) of this subsection in a secure container designed to prevent loss by fire, theft, or flood. If the dealer chooses to maintain an electronic-based record system, those records shall be backed up on an external server or over the internet at the close of each business day;
(c) Account for all firearms acquired but not yet disposed of through an inventory check prepared each month and maintained in a secure location;
(d) Maintain and make available at any time to government law enforcement agencies and to the manufacturer of the weapon or its designee, firearm disposition information, including the serial numbers of firearms sold, dates of sale, and identity of purchasers;
(e) Retain all bureau of alcohol, tobacco, firearms and explosives form 4473 transaction records on the dealer's business premises in a secure container designed to prevent loss by fire, theft, or flood;
(f) Maintain for six years copies of trace requests received, including notations for trace requests received by phone for six years;
(g) Provide annual reporting to the Washington state attorney general concerning trace requests, including at a minimum the following:
(i) The total number of trace requests received;
(ii) For each trace, the make and model of the gun and date of sale; and
(iii) Whether the dealer was inspected by the bureau of alcohol, tobacco, firearms and explosives, and copies of any reports of violations or letters received from the bureau of alcohol, tobacco, firearms and explosives.
(14) The attorney general may create, publish, and require firearm dealers to file a uniform form for all annual dealer reports required by subsection (13)(g) of this section.
(15) A dealer shall carry a general liability insurance policy providing at least $1,000,000 of coverage per incident.
(16)(a) No firearm may be sold: (i) In violation of any provisions of this chapter; nor (ii) under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.
(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080
is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the state general fund.
(17)(a) A true record shall be made of every pistol or semiautomatic assault rifle sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser, and a statement signed by the purchaser that he or she is not ineligible under state or federal law to possess a firearm. The dealer shall retain the transfer record for six years.
(b) The dealer shall transmit the information from the firearm transfer application through secure automated firearms e-check (SAFE) to the Washington state patrol firearms background check program. The Washington state patrol firearms background check program shall transmit the application information for pistol and semiautomatic assault rifle transfer applications to the director of licensing daily. The original application shall be retained by the dealer for six years.
(18) Subsections (2) through (17) of this section shall not apply to sales at wholesale.
(19) Subsections (6) and (9) through (15) of this section shall not apply to dealers with a sales volume of $1,000 or less per month on average over the preceding 12 months. A dealer that previously operated under this threshold and subsequently exceeds it must comply with the requirements of subsections (6) and (9) through (15) of this section within one year of exceeding the threshold.
(20) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(21) Except as otherwise provided in this chapter, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
[
2024 c 288 s 1
;
2023 c 161 s 8
;
2019 c 3 s 10
(Initiative Measure No. 1639, approved November 6, 2018);
2009 c 479 s 10
;
1994 sp.s. c 7 s 416
;
1979 c 158 s 2
;
1969 ex.s. c 227 s 4
;
1963 c 163 s 1
;
1961 c 124 s 8
;
1935 c 172 s 11
; RRS s 2516-11.]
NOTES:
Effective date
—
2024 c 288:
"This act takes effect July 1, 2025." [
2024 c 288 s 2
.]
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
—
2009 c 479:
See note following RCW 2.56.030
.
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 9.41.110
Dealer's licenses, by whom granted, conditions, fees
—
Employees, fingerprinting and background checks
—
Wholesale sales excepted
—
Permits prohibited.
(Effective May 1, 2027.)
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in the dealer's possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in the dealer's possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in the dealer's possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this chapter. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section. Any law enforcement agency acting within the scope of its jurisdiction may investigate a breach of the licensing conditions established in this chapter.
(5)(a) A licensing authority shall, within 30 days after the filing of an application of any person for a dealer's license, determine whether to grant the license. 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 90 days, the licensing authority shall have up to 60 days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040
or ineligible for a concealed pistol license under RCW 9.41.070
shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of employment to undergo fingerprinting and a background check in advance of engaging in the sale or transfer of firearms and to undergo a background check annually thereafter. An employee must be at least 21 years of age, eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of firearms that are applicable to dealers.
(6) As a condition of licensure, a dealer shall annually certify to the licensing authority, in writing and under penalty of perjury, that the dealer is in compliance with each licensure requirement established in this section.
(7)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (7)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and this section. The license of a dealer who fails to comply with the requirements of RCW 9.41.080
and
9.41.090
and subsection (16) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(8) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
(9)(a) The business building location designated in the license shall be secured:
(i) With at least one of the following features designed to prevent unauthorized entry, which must be installed on each exterior door and window of the place of business:
(A) Bars or grates;
(B) Security screens; or
(C) Commercial grade metal doors; and
(ii) With a security alarm system that is:
(A) Properly installed and maintained in good condition;
(B) Monitored by a remote central station that can contact law enforcement in the event of an alarm;
(C) Capable of real-time monitoring of all exterior doors and windows, and all areas where firearms are stored; and
(D) Equipped with, at minimum, detectors that can perceive entry, motion, and sound.
(b) It is not a violation of this subsection if any security feature or system becomes temporarily inoperable through no fault of the dealer.
(10)(a) Dealers shall secure each firearm during business hours, except when the firearm is being shown to a customer, repaired, or otherwise worked on, in a manner that prevents a customer or other member of the public from accessing or using the firearm, which may include keeping the firearm in a locked container or in a locked display case.
(b) Other than during business hours, all firearms shall be secured (i) on the dealer's business premises in a locked fireproof safe or vault, (ii) in a room or building that meets all requirements of subsection (9)(a) of this section, or (iii) in a secured and locked area under the dealer's control while the dealer is conducting business at a temporary location.
(11)(a) A dealer shall ensure that its business location designated in the license is monitored by a digital video surveillance system that meets all of the following requirements:
(i) The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance;
(ii) Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in (a)(iii) of this subsection and reasonably produce recordings that allow for the clear identification of any person;
(iii) The areas recorded shall include, but are not limited to, all of the following:
(A) Interior views of all exterior doors, windows, and any other entries or exits to the premises;
(B) All areas where firearms are displayed; and
(C) All points of sale, sufficient to identify the parties involved in the transaction;
(iv) The system shall be capable of recording 24 hours per day at a frame rate no less than 15 frames per second, and must either (A) record continuously or (B) be activated by motion and remain active for at least 15 seconds after motion ceases to be detected;
(v) The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft;
(vi) Recordings shall be maintained for a minimum of 90 days for all recordings of areas where firearms are displayed and points of sale, and for a minimum of 45 days for all recordings of interior views of exterior doors, windows, and any other entries or exits;
(vii) Recorded images shall clearly and accurately display the date and time;
(viii) The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b) A licensed dealer shall not use, share, allow access to, or otherwise release surveillance recordings, to any person except as follows:
(i) A dealer shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(ii) A dealer may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c) The dealer shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: "THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."
(d) This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
(e) It is not a violation of this subsection if the surveillance system becomes temporarily inoperable through no fault of the dealer.
(12) A dealer shall:
(a) Promptly review and respond to all requests from law enforcement agencies and officers, including trace requests and requests for documents and records, as soon as practicably possible and no later than 24 hours after learning of the request;
(b) Promptly notify local law enforcement agencies and the bureau of alcohol, tobacco, firearms and explosives of any loss, theft, or unlawful transfer of any firearm or ammunition as soon as practicably possible and no later than 24 hours after the dealer knows or should know of the reportable event.
(13) A dealer shall:
(a) Establish and maintain a book, or if the dealer should choose, an electronic-based record of purchase, sale, inventory, and other records at the dealer's place of business and shall make all such records available to law enforcement upon request. Such records shall at a minimum include the make, model, caliber or gauge, manufacturer's name, and serial number of all firearms that are acquired or disposed of not later than one business day after their acquisition or disposition;
(b) Maintain monthly backups of the records required by (a) of this subsection in a secure container designed to prevent loss by fire, theft, or flood. If the dealer chooses to maintain an electronic-based record system, those records shall be backed up on an external server or over the internet at the close of each business day;
(c) Account for all firearms acquired but not yet disposed of through an inventory check prepared each month and maintained in a secure location;
(d) Maintain and make available at any time to government law enforcement agencies and to the manufacturer of the weapon or its designee, firearm disposition information, including the serial numbers of firearms sold, dates of sale, and identity of purchasers;
(e) Retain all bureau of alcohol, tobacco, firearms and explosives form 4473 transaction records on the dealer's business premises in a secure container designed to prevent loss by fire, theft, or flood;
(f) Maintain for six years copies of trace requests received, including notations for trace requests received by phone for six years;
(g) Provide annual reporting to the Washington state attorney general concerning trace requests, including at a minimum the following:
(i) The total number of trace requests received;
(ii) For each trace, the make and model of the gun and date of sale; and
(iii) Whether the dealer was inspected by the bureau of alcohol, tobacco, firearms and explosives, and copies of any reports of violations or letters received from the bureau of alcohol, tobacco, firearms and explosives.
(14) The attorney general may create, publish, and require firearm dealers to file a uniform form for all annual dealer reports required by subsection (13)(g) of this section.
(15) A dealer shall carry a general liability insurance policy providing at least $1,000,000 of coverage per incident.
(16)(a) No firearm may be sold or transferred: (i) In violation of any provisions of this chapter; nor (ii) under any circumstances unless the purchaser or transferee is personally known to the dealer or shall present clear evidence of the purchaser's or transferee's identity and the purchaser or transferee presents a valid permit to purchase firearms.
(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080
is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of the dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the state general fund.
(17)(a) A true record shall be made of every firearm sold or transferred, which shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser or transferee, the identification number of the purchaser's or transferee's permit to purchase firearms, and a statement signed by the purchaser or transferee that the purchaser or transferee is not ineligible under state or federal law to possess a firearm.
(b) The dealer shall transmit the information from the firearm transfer application, and the information from the sale or transfer record, through secure automated firearms e-check (SAFE) to the Washington state patrol firearms background check program. The Washington state patrol firearms background check program shall transmit the application information for firearm transfer applications and firearm sale or transfer records to the director of licensing daily.
(18) Subsections (2) through (17) of this section shall not apply to sales at wholesale.
(19) Subsections (6) and (9) through (15) of this section shall not apply to dealers with a sales volume of $1,000 or less per month on average over the preceding 12 months. A dealer that previously operated under this threshold and subsequently exceeds it must comply with the requirements of subsections (6) and (9) through (15) of this section within one year of exceeding the threshold.
(20) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(21) Except as otherwise provided in this chapter, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
[
2025 c 370 s 13
;
2024 c 288 s 1
;
2023 c 161 s 8
;
2019 c 3 s 10
(Initiative Measure No. 1639, approved November 6, 2018);
2009 c 479 s 10
;
1994 sp.s. c 7 s 416
;
1979 c 158 s 2
;
1969 ex.s. c 227 s 4
;
1963 c 163 s 1
;
1961 c 124 s 8
;
1935 c 172 s 11
; RRS s 2516-11.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2024 c 288:
"This act takes effect July 1, 2025." [
2024 c 288 s 2
.]
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
—
2009 c 479:
See note following RCW 2.56.030
.
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 9.41.111
Firearm frames or receivers
—
Background check
—
Penalty.
(1) Beginning on the date that is thirty days after the Washington state patrol issues a notification to dealers that a state firearms background check system is established within the Washington state patrol, a dealer shall use the state firearms background check system to conduct background checks for purchases or transfers of firearm frames or receivers in accordance with this section.
(2) A dealer may not deliver a firearm frame or receiver to a purchaser or transferee unless the dealer first conducts a background check of the applicant through the state firearms background check system and the requirements and time periods in RCW 9.41.092
have been satisfied.
(3) When processing an application for the purchase or transfer of a firearm frame or receiver, a dealer shall comply with the application, recordkeeping, and other requirements of this chapter that apply to the sale or transfer of a pistol.
(4) A signed application for the purchase or transfer of a firearm frame or receiver shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court, law enforcement agency, or the Washington state patrol firearms background check program, information relevant to the applicant's eligibility to possess a firearm. Any mental health information received by a court, law enforcement agency, or the Washington state patrol firearms background check program pursuant to this section shall not be disclosed except as provided in RCW 42.56.240
(4).
(5) The department of licensing shall keep copies or records of applications for the purchase or transfer of a firearm frame or receiver and copies or records of firearm frame or receiver transfers in the same manner as pistol and semiautomatic assault rifle application and transfer records under RCW 9.41.129
.
(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a firearm frame or receiver is guilty of false swearing under RCW 9A.72.040
.
(7) This section does not apply to sales or transfers of firearm frames or receivers to licensed dealers.
[
2024 c 289 s 3
;
2020 c 36 s 1
.]
NOTES:
Effective date
—
2024 c 289:
"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 [March 26, 2024]." [
2024 c 289 s 8
.]
RCW 9.41.113
Firearm sales or transfers
—
Background checks
—
Requirements
—
Exceptions.
(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:
(a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.
(b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements, fulfilling all federal and state recordkeeping requirements, and complying with the specific requirements and restrictions on semiautomatic assault rifles in chapter 3, Laws of 2019.
(c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
(d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
(e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;
(b) The sale or transfer of an antique firearm;
(c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
(i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
(ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
(d) A temporary transfer of possession of a firearm if: (i) The transfer is intended to prevent suicide or self-inflicted great bodily harm; (ii) the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and (iii) the firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;
(e) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
(f) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
(g) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under 18 years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; (v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or (vi) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding 60 days. At the end of the 60-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws;
(i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic; or
(j)(i) A transfer, loan, gift, or bequest to a museum or historical society, or the return of loaned firearm(s) to its lender from a museum or historical society, and museum personnel while acting in the scope of their official duties, provided, however, that before returning a loaned firearm to its lender, a museum or historical society or personnel of the museum or historical society must comply with the requirements of subsection (3) of this section.
(ii) For the purposes of this subsection [(4)](j), "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.
[
2023 c 403 s 1
;
2019 c 3 s 11
(Initiative Measure No. 1639, approved November 6, 2018);
2017 c 264 s 2
;
2015 c 1 s 3
(Initiative Measure No. 594, approved November 4, 2014).]
NOTES:
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.1132
Firearm sales and transfers
—
Firearms safety training program
—
Exceptions.
(Effective until May 1, 2027.)
(1) A person applying for the purchase or transfer of a firearm must provide proof of completion of a recognized firearms safety training program within the last five years that, at a minimum, includes instruction on:
(a) Basic firearms safety rules;
(b) Firearms and children, including secure gun storage and talking to children about gun safety;
(c) Firearms and suicide prevention;
(d) Secure gun storage to prevent unauthorized access and use;
(e) Safe handling of firearms;
(f) State and federal firearms laws, including prohibited firearms transfers and locations where firearms are prohibited;
(g) State laws pertaining to the use of deadly force for self-defense; and
(h) Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
(2) The training must be sponsored by a federal, state, county, or municipal law enforcement agency, a college or university, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The proof of training shall be in the form of a certification that states under the penalty of perjury that the training included the minimum requirements.
(3) The training may include stories provided by individuals with lived experience in the topics listed in subsection (1)(a) through (g) of this section or an understanding of the legal and social impacts of discharging a firearm.
(4) The firearms safety training requirement of this section does not apply to:
(a) A person who is a:
(i) General authority Washington peace officer as defined in RCW 10.93.020
;
(ii) Limited authority Washington peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm;
(iii) Specially commissioned Washington peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm; or
(iv) Federal peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm; or
(b) A person who is an active duty member of the armed forces of the United States, an active member of the national guard, or an active member of the armed forces reserves who, as part of the applicant's service, has completed, within the last five years, a course of training in firearms proficiency or familiarization that included training on the safe handling and shooting proficiency with firearms.
[
2023 c 161 s 2
.]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
PDF
RCW 9.41.1132
Firearm sales and transfers
—
Firearms safety training program
—
Exceptions.
(Effective May 1, 2027.)
(1) A person applying for a permit to purchase firearms must provide a certificate of completion of a certified firearms safety training program within the last five years that, at a minimum, includes instruction on:
(a) Basic firearms safety rules;
(b) Firearms and children, including secure gun storage and talking to children about gun safety;
(c) Firearms and suicide prevention;
(d) Secure gun storage to prevent unauthorized access and use;
(e) Safe handling of firearms;
(f) State and federal firearms laws, including prohibited firearms transfers and locations where firearms are prohibited;
(g) State laws pertaining to the use of deadly force for self-defense;
(h) Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution; and
(i) 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.
(2) As it relates to the renewal of a permit to purchase firearms pursuant to RCW 9.41.121, the live-fire component of subsection (1)(i) of this section must be completed within the last 10 years.
(3) The training must be sponsored by a federal, state, tribal, county, or municipal law enforcement agency, a college or university, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The certificate of training shall be in the form and manner of documentation developed by the Washington state patrol under RCW 43.43.575
.
(4) The training may include stories provided by individuals with lived experience in the topics listed in subsection (1)(a) through (g) of this section or an understanding of the legal and social impacts of discharging a firearm.
(5) The firearms safety training requirement of this section does not apply to:
(a) Upon showing proper identification, a person who is a:
(i) General authority Washington peace officer as defined in RCW 10.93.020
;
(ii) Limited authority Washington peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm;
(iii) Specially commissioned Washington peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm;
(iv) Federal peace officer as defined in RCW 10.93.020
who as a normal part of their duties has arrest powers and carries a firearm; or
(v) Tribal police officer;
(b) Upon showing proper identification, a person who is an active duty member of the armed forces of the United States, an active member of the national guard, or an active member of the armed forces reserves. For the purposes of this section, proper identification includes the armed forces identification card or other written documentation certifying that the individual is an active military member;
(c) Upon showing proper identification, a person who is an armed private investigator licensed pursuant to chapter
18.165
RCW. For the purposes of this section, proper identification includes the armed private investigator license card issued pursuant to RCW 18.165.080
or other written documentation certifying that the individual is a licensed armed private investigator; or
(d) Upon showing proper identification, a person who is an armed security guard licensed pursuant to chapter
18.170
RCW. For the purposes of this section, proper identification includes the armed security guard license card issued pursuant to RCW 18.170.070
or other written documentation certifying that the individual is a licensed armed security guard.
(6) The exceptions to the firearms safety training requirement established in subsection (5)(c) and (d) of this section shall only apply so long as the criminal justice training commission's private security firearms certificate training meets the requirements of this section.
[
2025 c 370 s 3
;
2023 c 161 s 2
.]
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
.
RCW 9.41.1135
Firearms sales or transfers
—
Use of Washington state patrol firearms background check system.
(1) Beginning on the date that is thirty days after the Washington state patrol issues a notification to dealers that a state firearms background check system is established within the Washington state patrol under RCW 43.43.580, a dealer shall use the Washington state patrol firearms background check program to conduct background checks for all firearms transfers. A dealer may not sell or transfer a firearm to an individual unless the dealer first contacts the Washington state patrol firearms background check program for a background check to determine the eligibility of the purchaser or transferee to possess a firearm under state and federal law and the requirements and time periods established in RCW 9.41.090
and
9.41.092
have been satisfied.
(2) A dealer shall charge a purchaser or transferee a background check fee in an amount determined by the Washington state patrol and remit the proceeds from the fee to the Washington state patrol on a monthly basis. The background check fee does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(3) This section does not apply to sales or transfers to licensed dealers or to the sale or transfer of an antique firearm.
[
2023 c 161 s 9
;
2020 c 28 s 4
.]
NOTES:
Effective date
—
2023 c 161:
See note following RCW 9.41.090
.
RCW 9.41.114
Firearm sales or transfers
—
Denial of application report
—
Dealer's duties.
(Contingent expiration date.)
(1) A dealer shall report to the Washington association of sheriffs and police chiefs information on each instance where the dealer denies an application for the purchase or transfer of a firearm, whether under RCW 9.41.090
or
9.41.113, or the requirements of federal law, as the result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law. The dealer shall report the denied application information to the Washington association of sheriffs and police chiefs within five days of the denial in a format as prescribed by the Washington association of sheriffs and police chiefs. The reported information must include the identifying information of the applicant, the date of the application and denial of the application, and other information or documents as prescribed by the Washington association of sheriffs and police chiefs. In any case where the purchase or transfer of a firearm is initially denied by the dealer as the result of a background check that indicates the applicant is ineligible to possess a firearm, but the purchase or transfer is subsequently approved, the dealer shall report the subsequent approval to the Washington association of sheriffs and police chiefs within one day of the approval.
(2) Upon denying an application for the purchase or transfer of a firearm as a result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law, the dealer shall:
(a) Provide the applicant with a copy of a notice form generated and distributed by the Washington state patrol under RCW 43.43.823
(5), informing denied applicants of their right to appeal the denial; and
(b) Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years.
[
2017 c 261 s 1
.]
PDF
RCW 9.41.114
Firearm sales or transfers
—
Denial of application report
—
Dealer's duties.
(Contingent effective date.)
Upon denying an application for the purchase or transfer of a firearm as a result of a background check by the Washington state patrol firearms background check program or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law, the dealer shall:
(1) Provide the applicant with a copy of a notice form generated and distributed by the Washington state patrol firearms background check program under RCW 43.43.823
(6), informing denied applicants of their right to appeal the denial; and
(2) Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years.
[
2024 c 289 s 4
;
2020 c 28 s 5
;
2017 c 261 s 1
.]
NOTES:
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Contingent effective date
—
2020 c 28 ss 5-9:
"Sections 5 through 9 of this act take effect on the date that is thirty days after the Washington state patrol issues a notification to dealers that a state firearms background check system is established under section 1 of this act. The Washington state patrol shall provide written notice of the effective date of sections 5 through 9 of this act 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." [
2020 c 28 s 10
.]
RCW 9.41.115
Penalties
—
Violations of RCW 9.41.113
.
Notwithstanding the penalty provisions in this chapter, any person knowingly violating RCW 9.41.113
is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW. If a person previously has been found guilty under this section, then the person is guilty of a class C felony punishable under chapter
9A.20
RCW for each subsequent knowing violation of RCW 9.41.113
. A person is guilty of a separate offense for each and every gun sold or transferred without complying with the background check requirements of RCW 9.41.113
. It is an affirmative defense to any prosecution brought under this section that the sale or transfer satisfied one of the exceptions in RCW 9.41.113
(4).
[
2015 c 1 s 9
(Initiative Measure No. 594, approved November 4, 2014).]
NOTES:
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.120
Firearms as loan security.
No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of a pistol. Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person.
[
1961 c 124 s 9
;
1935 c 172 s 12
; RRS s 2516-12.]
NOTES:
Pawnbrokers and secondhand dealers: Chapter
19.60
RCW.
RCW 9.41.121
Firearms
—
Permit to purchase application.
(Effective May 1, 2027.)
(1) A person may apply for a permit to purchase firearms with the Washington state patrol firearms background check program.
(2) An applicant for a permit to purchase firearms must submit to the Washington state patrol firearms background check program:
(a) A completed permit application as provided in subsection (3) of this section;
(b) A complete set of fingerprints taken by the local law enforcement agency in the jurisdiction in which the applicant resides;
(c) A certificate of completion of a certified firearms safety training program within the last five years, or proof that the applicant is exempt from the training requirement, as provided in RCW 9.41.1132
; and
(d) The permit application fee as provided in subsection (11) of this section.
(3) An application for a permit to purchase firearms must include the applicant's:
(a) Full name and place and date of birth;
(b) Residential address and current mailing address if different from the residential address;
(c) Driver's license number or state identification card number;
(d) Physical description;
(e) Race and gender;
(f) Telephone number and email address, at the option of the applicant; and
(g) Electronic signature.
(4) The application must contain questions about the applicant's eligibility to possess firearms under state and federal law 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.
(5) A signed application for a permit to purchase firearms shall constitute a waiver of confidentiality and written request that courts, the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a permit to purchase firearms to an inquiring court or the Washington state patrol firearms background check program.
(6) The Washington state patrol firearms background check program shall issue a permit to purchase firearms to an eligible applicant, or deny the completed application, within 30 days of the date the completed application was filed, or within 60 days of when the completed application was filed 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 90 days, unless additional time is necessary in order to obtain all required information and records needed for determining the applicant's eligibility for the permit.
(7)(a) A permit to purchase firearms shall be issued unless the applicant is disqualified because the applicant:
(i) Is prohibited from purchasing or possessing a firearm under state or federal law;
(ii) Is subject to a court order or injunction regarding firearms issued pursuant to chapter
7.105, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 26.26B, or
26.26A
RCW, or any of the former chapters
10.14, 26.10, and
26.50
RCW;
(iii) Has an outstanding warrant for the applicant's arrest from any court of competent jurisdiction for a felony or misdemeanor making a person ineligible to possess a firearm under RCW 9.41.040
; or
(iv) Has failed to produce a certificate of completion of a certified firearms safety training program within the last five years, or proof that the applicant is exempt from the training requirement.
(b) If an application for a permit to purchase firearms is denied, the Washington state patrol firearms background check program shall send the applicant a written notice of the denial stating the specific grounds on which the permit to purchase firearms is denied. If the applicant provides an email address at the time of application, the Washington state patrol firearms background check program may send the denial notice to the applicant's email address.
(8)(a) In determining whether the applicant is eligible for a permit to purchase firearms, the Washington state patrol firearms background check program shall check with the national instant criminal background check system, 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.
(b) A background check for an original permit must be conducted through the Washington state patrol criminal records division and shall include a national check from the federal bureau of investigation through the submission of fingerprints. The results will be returned to the Washington state patrol firearms background check program. The applicant may request and receive a copy of the results of the background check from the Washington state patrol. 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.
(9) The Washington state patrol firearms background check program shall develop procedures to verify on an annual basis that persons who have been issued a permit to purchase firearms remain eligible to possess firearms under state and federal law and continue to meet other firearm eligibility requirements. If a person is determined to be ineligible, the Washington state patrol firearms background check program shall revoke the permit under subsection (14) of this section, and provide notification of the revocation and relevant information to the chief of police or the sheriff of the jurisdiction in which the permit holder resides so that local law enforcement may take steps to ensure the permit holder is not illegally in possession of firearms.
(10) The permit to purchase firearms must be in a form prescribed by the Washington state patrol firearms background check program and must contain a unique permit number, expiration date, and the name, date of birth, residential address, and brief description of the licensee.
(11)(a) A permit to purchase firearms is valid for a period of five years. A person may renew a permit to purchase firearms by applying for renewal in accordance with the requirements of this section within 90 days before or after the expiration date of the permit. A renewed permit to purchase firearms takes effect on the expiration date of the prior permit to purchase firearms and is valid for a period of five years.
(b)(i) The Washington state patrol firearms background check program may charge permit application fees which will cover as nearly as practicable the direct and indirect costs to the Washington state patrol incurred in creating and administering the permit to purchase firearms program. The Washington state patrol firearms background check program shall establish a late penalty for late renewal of a permit to purchase firearms. The Washington state patrol firearms background check program shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590
.
(ii) In addition to the permit application fee, an applicant for a permit to purchase firearms must pay the fingerprint processing fee under RCW 43.43.742
.
(12) The Washington state patrol firearms background check program shall mail a renewal notice to the holder of a permit to purchase firearms approximately 90 days before the expiration date of the permit at the address listed on the application, or to the permit holder's new address if the permit holder has notified the Washington state patrol firearms background check program of a change of address. If the permit holder provides an email address at the time of application, the Washington state patrol firearms background check program may send the renewal notice to the permit holder's email address. The notice must contain the date the permit to purchase firearms will expire, the amount of the renewal fee, the penalty for late renewal, and instructions on how to renew the permit to purchase firearms.
(13) A permit to purchase firearms issued under this section does not authorize the holder of the permit to carry a concealed pistol.
(14) The Washington state patrol firearms background check program shall revoke a permit to purchase firearms on the occurrence of any act or condition that would prevent the issuance of a permit to purchase firearms. The Washington state patrol firearms background check program shall send the permit holder a written notice of the revocation stating the specific grounds on which the permit is revoked.
(15) If a permit application is denied or a permit is revoked, a person aggrieved by the denial or revocation is entitled to seek relief of the denial or revocation in superior court pursuant to RCW 9.41.0975
.
(16) Not later than one year 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 for the preceding year:
(a) The number of permit applications submitted, issued, and denied;
(b) Aggregate and anonymized demographic data on the number of applicants seeking permits 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 permits that were denied, including race, gender, date of birth, and county of residence;
(d) The frequency with which permits were denied for each of the statutory disqualifying factors listed in this section;
(e) The number of permit denial decisions appealed by permit applicants and the disposition of those appeals;
(f) The number of issued permits revoked; and
(g) The number of cases that the Washington state patrol has provided notice of permit revocations and relevant information to local law enforcement agencies, and the number of cases that local law enforcement agencies have taken action to remove firearms purchased with a permit that was subsequently revoked and the number of firearms recovered in such cases.
[
2025 c 370 s 2
.]
NOTES:
Application
—
2025 c 370 ss 2, 4, and 5:
"The Washington state patrol may adopt rules and undertake actions necessary for the implementation and administration of sections 2, 4, and 5 of this act." [
2025 c 370 s 6
.]
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
RCW 9.41.122
Out-of-state purchasing.
Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.
[
2015 c 1 s 6
(Initiative Measure No. 594, approved November 4, 2014);
1970 ex.s. c 74 s 1
. Formerly RCW 19.70.010
.]
NOTES:
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.124
Purchasing of rifles and shotguns by nonresidents.
Residents of a state other than Washington may purchase rifles and shotguns, except those firearms defined as semiautomatic assault rifles, in Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such persons reside: AND PROVIDED FURTHER, That such residents are subject to the procedures and background checks required by this chapter.
[
2019 c 3 s 12
(Initiative Measure No. 1639, approved November 6, 2018);
2015 c 1 s 7
(Initiative Measure No. 594, approved November 4, 2014);
1970 ex.s. c 74 s 2
. Formerly RCW 19.70.020
.]
NOTES:
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.129
Recordkeeping requirements.
(Effective until May 1, 2027.)
The department of licensing shall keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols or semiautomatic assault rifles provided for in RCW 9.41.090, and copies or records of pistol or semiautomatic assault rifle transfers provided for in RCW 9.41.110
. The copies and records shall not be disclosed except as provided in RCW 42.56.240
(4).
[
2019 c 3 s 14
(Initiative Measure No. 1639, approved November 6, 2018);
2005 c 274 s 203
;
1994 sp.s. c 7 s 417
.]
NOTES:
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
PDF
RCW 9.41.129
Recordkeeping requirements.
(Effective May 1, 2027.)
The department of licensing shall keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications for the purchase or transfer of firearms provided for in RCW 9.41.090, and copies or records of firearm transfers provided for in RCW 9.41.110
. The copies and records shall not be disclosed except as provided in RCW 42.56.240
(4).
[
2025 c 370 s 14
;
2019 c 3 s 14
(Initiative Measure No. 1639, approved November 6, 2018);
2005 c 274 s 203
;
1994 sp.s. c 7 s 417
.]
NOTES:
Effective date
—
2025 c 370:
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
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 9.41.135
Verification of licenses and registration
—
Notice to federal government.
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100
.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100
.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100
. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements or has failed to comply with registration requirements.
[
1995 c 318 s 6
;
1994 sp.s. c 7 s 418
.]
NOTES:
Effective date
—
1995 c 318:
See note following RCW 82.04.030
.
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
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 9.41.137
Department of licensing, authority to adopt rules
—
Reporting of violations
—
Authority to revoke licenses.
The department of licensing shall have the authority to adopt rules for the implementation of this chapter as amended. In addition, the department of licensing shall report any violation of this chapter by a licensed dealer to the bureau of alcohol, tobacco, firearms and explosives within the United States department of justice and shall have the authority, after notice and a hearing, to revoke the license of any licensed dealer found to be in violation of this chapter.
[
2015 c 1 s 8
(Initiative Measure No. 594, approved November 4, 2014).]
NOTES:
Finding
—
2015 c 1 (Initiative Measure No. 594):
See note following RCW 9.41.010
.
RCW 9.41.139
Department of licensing
—
Eligibility to possess firearms.
(1) Within twelve months of July 1, 2019, the department of licensing shall, in conjunction with the Washington state patrol and other state and local law enforcement agencies as necessary, develop a cost-effective and efficient process to:
(a) Verify, on an annual or more frequent basis, that persons who acquired pistols or semiautomatic assault rifles pursuant to this chapter remain eligible to possess a firearm under state and federal law; and
(b) If such persons are determined to be ineligible for any reason, (i) notify and provide the relevant information to the chief of police or the sheriff of the jurisdiction in which the purchaser resides and (ii) take steps to ensure such persons are not illegally in possession of firearms.
(2) The department of licensing, where appropriate, may consult with individuals from the public and private sector or ask the individuals to establish a temporary advisory committee to accomplish the purposes in subsection (1) of this section. Members of such an advisory committee are not entitled to expense reimbursement.
[
2019 c 3 s 15
(Initiative Measure No. 1639, approved November 6, 2018).]
NOTES:
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
RCW 9.41.140
Alteration of identifying marks
—
Exceptions.
No person may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any firearm. Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law.
[
1994 sp.s. c 7 s 419
;
1961 c 124 s 10
;
1935 c 172 s 14
; RRS s 2516-14.]
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
.
RCW 9.41.171
Alien possession of firearms
—
Requirements
—
Penalty.
It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, unless the person: (1) Is a lawful permanent resident; (2) has obtained a valid alien firearm license pursuant to RCW 9.41.173
; (3) is 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
; or (4) meets the requirements of RCW 9.41.175
.
[
2024 c 330 s 4
;
2009 c 216 s 2
.]
RCW 9.41.173
Alien possession of firearms
—
Alien firearm license
—
Political subdivisions may not modify requirements
—
Penalty for false statement.
(1) In order to obtain an alien firearm license, a nonimmigrant alien residing in Washington must apply to the sheriff of the county in which he or she resides.
(2) The sheriff of the county shall within sixty days after the filing of an application of a nonimmigrant alien residing in the state of Washington, issue an alien firearm license to such person to carry or possess a firearm for the purposes of hunting and sport shooting. The license shall be good for two years. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. An application for a license may not be denied, unless the applicant's alien firearm license is in a revoked status, or the applicant:
(a) Is ineligible to possess a firearm under the provisions of RCW 9.41.040
or
9.41.045
;
(b) 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
;
(c) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense; or
(d) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor.
No license application shall be granted to a nonimmigrant alien convicted of a felony unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or unless RCW 9.41.040
(3) or (4) applies.
(3) The sheriff shall check with the national crime information center, 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.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, a complete set of fingerprints, and signature of the applicant, a copy of the applicant's passport and visa showing the applicant is in the country legally, and a valid Washington hunting license or documentation that the applicant is a member of a sport shooting club.
A signed application for an alien firearm 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 an alien firearm 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
to possess a firearm. The nonimmigrant alien applicant shall be required to produce a passport and visa as evidence of being in the country legally.
The license may be in triplicate or in a form to be prescribed by the department of licensing. 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 section.
(5) The sheriff has the authority to collect a nonrefundable fee, paid upon application, for the two-year license. The fee shall be fifty dollars plus additional charges imposed by the Washington state patrol and 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 retained by the sheriff.
(6) 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 sheriff.
(7) A political subdivision of the state shall not modify the requirements of this section, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
(8) A person who knowingly makes a false statement regarding citizenship or identity on an application for an alien firearm license is guilty of false swearing under RCW 9A.72.040
. In addition to any other penalty provided for by law, the alien firearm license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for an alien firearm license.
[
2021 c 215 s 95
;
2019 c 46 s 5005
;
2018 c 201 s 6006
;
2017 c 174 s 2
;
2009 c 216 s 3
.]
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
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 9.41.175
Alien possession of firearms
—
Possession without license
—
Conditions.
(1) A nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, may carry or possess any firearm without having first obtained an alien firearm license if the nonimmigrant alien possesses:
(a) A valid passport and visa showing he or she is in the country legally;
(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory of the United States; or
(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.
(2) A citizen of Canada may carry or possess any firearm so long as he or she possesses:
(a) Valid documentation as required for entry into the United States;
(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory of the United States; or
(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.
(3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.
[
2009 c 216 s 4
.]
RCW 9.41.185
Coyote getters.
The use of "coyote getters" or similar spring-triggered shell devices shall not constitute a violation of any of the laws of the state of Washington when the use of such "coyote getters" is authorized by the state department of agriculture and/or the state department of fish and wildlife in cooperative programs with the United States Fish and Wildlife Service, for the purpose of controlling or eliminating coyotes harmful to livestock and game animals on range land or forest areas.
[
1999 c 143 s 3
;
1988 c 36 s 3
;
1965 c 46 s 1
.]
RCW 9.41.190
Unlawful firearms
—
Exceptions.
(1) Except as otherwise provided in this section, it is unlawful for any person to:
(a) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle;
(b) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle;
(c) Assemble or repair any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle; or
(d) Manufacture, cause to be manufactured, assemble, or cause to be assembled, an untraceable firearm with the intent to sell the untraceable firearm.
(2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.
(3) Subsection (1) of this section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or
(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable federal laws and regulations.
(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
(5) Any person violating this section is guilty of a class C felony.
[
2022 c 105 s 3
;
2019 c 243 s 3
;
2018 c 7 s 3
; (2018 c 7 s 2 expired July 1, 2019);
2016 c 214 s 1
;
2014 c 201 s 1
;
1994 sp.s. c 7 s 420
;
1982 1st ex.s. c 47 s 2
;
1933 c 64 s 1
; RRS s 2518-1.]
NOTES:
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
Effective date
—
2019 c 243:
See note following RCW 9.41.010
.
Effective dates
—
2018 c 7:
See note following RCW 9.41.010
.
Expiration date
—
2018 c 7 s 2:
"Section 2 of this act expires July 1, 2019." [
2018 c 7 s 12
.]
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:
"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." [
1982 1st ex.s. c 47 s 31
.]
RCW 9.41.220
Unlawful firearms and parts contraband.
All machine guns, bump-fire stocks, undetectable firearms, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.
[
2019 c 243 s 4
;
2018 c 7 s 4
;
1994 sp.s. c 7 s 421
;
1933 c 64 s 4
; RRS s 2518-4.]
NOTES:
Effective dates
—
2018 c 7:
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
.
RCW 9.41.225
Use of machine gun or bump-fire stock in felony
—
Penalty.
(1) It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a machine gun or to menace or threaten with a machine gun, another person.
(2) It is unlawful for a person, in the commission or furtherance of a felony other than a violation of RCW 9.41.190, to discharge a firearm containing a bump-fire stock or to menace or threaten another person with a firearm containing a bump-fire stock.
(3) A violation of this section shall be punished as a class A felony under chapter
9A.20
RCW.
[
2018 c 7 s 5
;
1989 c 231 s 3
.]
NOTES:
Effective dates
—
2018 c 7:
See note following RCW 9.41.010
.
Intent
—
1989 c 231:
"The legislature is concerned about the increasing number of drug dealers, gang members, and other dangerous criminals who are increasingly being found in possession of machine guns. The legislature recognizes that possession of machine guns by dangerous criminals represents a serious threat to law enforcement officers and the general public. The use of a machine gun in furtherance of a felony is a particularly heinous crime because of the potential for great harm or death to a large number of people. It is the intent of the legislature to protect the public safety by deterring the illegal use of machine guns in the furtherance of a felony by creating a separate offense with severe penalties for such use of a machine gun." [
1989 c 231 s 1
.]
RCW 9.41.230
Aiming or discharging firearms, dangerous weapons.
(1) For conduct not amounting to a violation of chapter
9A.36
RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or towards any human being;
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters
9A.32
and
9A.36
RCW.
[
1994 sp.s. c 7 s 422
;
1909 c 249 s 307
; 1888 p 100 ss 2, 3; RRS s 2559.]
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
.
Discharging firearm at railroad rolling stock: RCW 81.60.070
.
RCW 9.41.240
Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one.
(1) A person under twenty-one years of age may not purchase a pistol or semiautomatic assault rifle, and except as otherwise provided in this chapter, no person may sell or transfer a semiautomatic assault rifle to a person under twenty-one years of age.
(2) Unless an exception under RCW 9.41.042, 9.41.050, or
9.41.060
applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(a) In the person's place of abode;
(b) At the person's fixed place of business; or
(c) On real property under his or her control.
(3) Except in the places and situations identified in RCW 9.41.042
(1) through (9) and
9.41.060
(1) through (10), a person at least eighteen years of age, but less than twenty-one years of age, may possess a semiautomatic assault rifle only:
(a) In the person's place of abode;
(b) At the person's fixed place of business;
(c) On real property under his or her control; or
(d) For the specific purpose of (i) moving to a new place of abode; (ii) traveling between the person's place of abode and real property under his or her control; or (iii) selling or transferring the firearm in accordance with the requirements of this chapter; provided that in all of these situations the semiautomatic assault rifle is unloaded and either in secure gun storage or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm.
[
2019 c 3 s 13
(Initiative Measure No. 1639, approved November 6, 2018);
1994 sp.s. c 7 s 423
;
1971 c 34 s 1
;
1909 c 249 s 308
;
1883 p 67 s 1
; RRS s 2560.]
NOTES:
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 9.41.250
Dangerous weapons
—
Penalty.
(1) Every person who:
(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife;
(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,
is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW.
(2) "Spring blade knife" means any knife, including a prototype, model, or other sample, with a blade that is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement. A knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires physical exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife is not a spring blade knife.
[
2012 c 179 s 1
;
2011 c 13 s 1
;
2007 c 379 s 1
;
1994 sp.s. c 7 s 424
;
1959 c 143 s 1
;
1957 c 93 s 1
;
1909 c 249 s 265
;
1886 p 81 s 1
; Code 1881 s 929; RRS s 2517.]
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
.
RCW 9.41.251
Dangerous weapons
—
Application of restrictions to law enforcement, firefighting, rescue, and military personnel.
(1) RCW 9.41.250
does not apply to:
(a) The possession or use of a spring blade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or military member, while the officer or member:
(i) Is on official duty; or
(ii) Is transporting a spring blade knife to or from the place where the knife is stored when the officer or member is not on official duty; or
(iii) Is storing a spring blade knife;
(b) The manufacture, sale, transportation, transfer, distribution, or possession of spring blade knives pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military service, or pursuant to a contract with another manufacturer or a commercial distributor of knives for use, sale, or other disposition by the manufacturer or commercial distributor;
(c) The manufacture, transportation, transfer, distribution, or possession of spring blade knives, with or without compensation and with or without a contract, solely for trial, test, or other provisional use for evaluation and assessment purposes, by a general authority law enforcement agency, fire or rescue agency, Washington state patrol, military service, or a manufacturer or commercial distributor of knives.
(2) For the purposes of this section:
(a) "Military member" means an active member of the United States military or naval forces, or a Washington national guard member called to active duty or during training.
(b) "General law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general.
(c) "General law enforcement officer" means any person who is commissioned and employed by an employer on a full-time, fully compensated basis to enforce the criminal laws of the state of Washington generally. No person who is serving in a position that is basically clerical or secretarial in nature, or who is not commissioned shall be considered a law enforcement officer.
(d) "Fire or rescue agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state or any other state, and any agency, department, or division of any state government, having as its primary function the prevention, control, or extinguishment of fire or provision of emergency medical services or rescue actions for persons.
(e) "Firefighter or rescue member" means any person who is serving on a full-time, fully compensated basis as a member of a fire or rescue agency to prevent, control, or extinguish fire or provide emergency medical services or rescue actions for persons. No person who is serving in a position that is basically clerical or secretarial in nature shall be considered a firefighter or rescue member.
(f) "Military service" means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard.
[
2012 c 179 s 2
.]
RCW 9.41.260
Dangerous exhibitions.
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun or firearm of any description, at or toward any human being, is guilty of a misdemeanor punishable under chapter
9A.20
RCW.
[
1994 sp.s. c 7 s 425
;
1909 c 249 s 283
; RRS s 2535.]
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
.
Fireworks: Chapter
70.77
RCW.
RCW 9.41.270
Weapons apparently capable of producing bodily harm
—
Unlawful carrying or handling
—
Penalty
—
Exceptions.
(Effective until May 1, 2027.)
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
[
1994 sp.s. c 7 s 426
;
1969 c 8 s 1
.]
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
.
PDF
RCW 9.41.270
Weapons apparently capable of producing bodily harm
—
Unlawful carrying or handling
—
Penalty
—
Exceptions.
(Effective May 1, 2027.)
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose the person's concealed pistol license and permit to purchase firearms, if any. The court shall send notice of the required revocation of any concealed pistol license to the department of licensing, and the city, town, or county which issued the license, and notice of the required revocation of any permit to purchase firearms to the Washington state patrol firearms background check program.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in the person's place of abode or fixed place of business;
(b) Any person who by virtue of the person's office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
[
2025 c 370 s 15
;
1994 sp.s. c 7 s 426
;
1969 c 8 s 1
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
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 9.41.280
Possessing dangerous weapons on school facilities
—
Penalty
—
Exceptions.
(1) It is unlawful for a person to knowingly carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, areas of facilities while being used exclusively by public or private schools, or areas of facilities while being used for official meetings of a school district board of directors:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250
;
(c) Any device commonly known as "nun-chu-ka [nunchaku] sticks," consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as "throwing stars," which are multipointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2)(a) Any such person violating subsection (1) of this section is guilty of a misdemeanor.
(b) Second and subsequent violations of subsection (1) of this section are a gross misdemeanor.
(c) If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010
. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated crisis responder unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated crisis responder for examination and evaluation under chapter
71.05
or
71.34
RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated crisis responder shall examine and evaluate the person subject to the provisions of chapter
71.05
or
71.34
RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated crisis responder, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated crisis responder shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated crisis responder determines it is appropriate, the designated crisis responder may refer the person to the local behavioral health administrative services organization for follow-up services or other community providers for other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while:
(i) Picking up or dropping off a student; or
(ii) Attending official meetings of a school district board of directors held off school district-owned or leased property;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka [nunchaku] sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
(8) A school district board of directors must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at facilities being used for official meetings of the school district board of directors.
[
2023 c 470 s 3004
;
2022 c 106 s 1
;
2019 c 325 s 5001
;
2016 sp.s. c 29 s 403
;
2014 c 225 s 56
;
2009 c 453 s 1
;
1999 c 167 s 1
;
1996 c 295 s 13
;
1995 c 87 s 1
;
1994 sp.s. c 7 s 427
;
1993 c 347 s 1
;
1989 c 219 s 1
;
1982 1st ex.s. c 47 s 4
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
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
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
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 9.41.282
Possessing dangerous weapons on child care premises
—
Penalty
—
Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, licensed child care center premises, child care center-provided transportation, or areas of facilities while being used exclusively by a child care center:
(a) Any firearm;
(b) Any other dangerous weapon as described in RCW 9.41.250
;
(c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(d)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun that projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument that is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) A person who violates subsection (1) of this section is guilty of a gross misdemeanor. If a person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any, revoked for a period of three years. Anyone convicted under subsection (1)(a) of this section is prohibited from applying for a concealed pistol license for a period of three years from the date of conviction. The court shall order the person to immediately surrender any concealed pistol license, and within three business days notify the department of licensing in writing of the required revocation of any concealed pistol license held by the person. Upon receipt of the notification by the court, the department of licensing shall determine if the 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 the notification, shall immediately revoke the license.
(3) Subsection (1) of this section does not apply to:
(a) Family day care provider homes as defined in RCW 43.216.010
;
(b) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a child at the child care center;
(c) Any person at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the child care center; or
(d) Any law enforcement officer of a federal, state, or local government agency.
(4) Child care centers must post "GUN-FREE ZONE" signs giving warning of the prohibition of the possession of firearms on center premises.
(5) A child care center that is located on public or private elementary or secondary school premises is subject to the requirements of RCW 9.41.280
.
(6) For the purposes of this section, child care center has the same meaning as "child day care center" as defined in RCW 43.216.010
.
[
2020 c 189 s 1
.]
RCW 9.41.284
Possessing dangerous weapons at voting facilities
—
Penalty
—
Exceptions.
(1) Except as provided in subsections (3) and (4) of this section, it is unlawful for a person to knowingly carry onto, or to possess in, a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office, or areas of facilities while being used as a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office:
(a) Any firearm;
(b) Any other dangerous weapon as described in RCW 9.41.250
;
(c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas;
(d)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun that projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument that is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse; or
(e) Any spring blade knife as defined in RCW 9.41.250
.
(2)(a) A person who violates subsection (1) of this section is guilty of a misdemeanor.
(b) Second and subsequent violations of this section are a gross misdemeanor.
(c) If a person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any, revoked for a period of three years. Anyone convicted under subsection (1)(a) of this section is prohibited from applying for a concealed pistol license for a period of three years from the date of conviction. The court shall order the person to immediately surrender any concealed pistol license, and within three business days notify the department of licensing in writing of the required revocation of any concealed pistol license held by the person. Upon receipt of the notification by the court, the department of licensing shall determine if the 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 the notification, shall immediately revoke the license.
(3) Subsection (1) of this section does not apply to:
(a) Any law enforcement officer of a federal, state, or local government agency; or
(b) Any security personnel hired by a county and engaged in security specifically for a counting center, a voting center, a student engagement hub, or the county elections and voter registration office or areas of facilities used for such purposes. However, a person who is not a commissioned law enforcement officer and who provides elections and voter registration security services under the direction of a county may not possess a firearm or device listed in subsection (1)(d) of this section unless he or she has successfully completed training in the use of firearms or such devices that is equivalent to the training received by commissioned law enforcement officers.
(4) Subsection (1) of this section does not prohibit concealed carry of a pistol, by a person licensed to carry a concealed pistol pursuant to RCW 9.41.070, in any voting center, student engagement hub, county elections and voter registration office, or areas of facilities while being used as a voting center, student engagement hub, or county elections and voter registration office. However, no weapon restricted by this section, whether concealed or openly carried, may be possessed in any ballot counting center or areas of facilities while being used as a ballot counting center.
(5) Elections officers and officials must post signs providing notice of the restriction on possession of firearms and other weapons at each counting center, voting center, student engagement hub, or county elections and voter registration office, or areas of facilities while being used as a counting center, a voting center, a student engagement hub, or the county elections and voter registration office.
(6) For the purposes of this section:
(a) "Ballot counting center" has the same meaning as "counting center" in RCW 29A.04.019
;
(b) "Voting center" means a voting center as described in RCW 29A.40.160
; and
(c) "Student engagement hub" means a student engagement hub as described in RCW 29A.40.180
.
[
2023 c 470 s 3005
;
2022 c 106 s 3
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
RCW 9.41.290
State preemption.
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
[
1994 sp.s. c 7 s 428
;
1985 c 428 s 1
;
1983 c 232 s 12
.]
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
.
Severability
—
1985 c 428:
"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." [
1985 c 428 s 6
.]
Application
—
1983 c 232 s 12:
"Section 12 of this act shall not apply to any offense committed prior to July 24, 1983." [
1983 c 232 s 13
.]
Severability
—
1983 c 232:
See note following RCW 9.41.010
.
RCW 9.41.300
Weapons prohibited in certain places
—
Local laws and ordinances
—
Exceptions
—
Penalty.
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter
13.32A
or
13.34
RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).
For purposes of this subsection (1)(b), "weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slungshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health facility licensed or certified by the department of health for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;
(d) That portion of an establishment classified by the state liquor and cannabis board as off-limits to persons under 21 years of age;
(e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area;
(f) The premises of a library established or maintained pursuant to the authority of chapter
27.12
RCW;
(g) The premises of a zoo or aquarium accredited or certified by the association of zoos and aquariums or the zoological association of America or a facility with a current signed memorandum of participation with an association of zoos and aquariums species survival plan; or
(h) The premises of a transit station or transit facility. For purposes of this subsection, "transit station" and "transit facility" have the same meaning as defined in RCW 9.91.025
. "Transit station" and "transit facility" do not include any "transit vehicle" as that term is defined in RCW 9.91.025
.
(2)(a) Except as provided in (c) of this subsection, it is unlawful for any person to knowingly open carry a firearm or other weapon while knowingly at any permitted demonstration. This subsection (2)(a) applies whether the person carries the firearm or other weapon on his or her person or in a vehicle.
(b) It is unlawful for any person to knowingly open carry a firearm or other weapon while knowingly within 250 feet of the perimeter of a permitted demonstration after a duly authorized state or local law enforcement officer advises the person of the permitted demonstration and directs the person to leave until he or she no longer possesses or controls the firearm or other weapon. This subsection (2)(b) does not apply to any person possessing or controlling any firearm or other weapon on private property owned or leased by that person.
(c) Duly authorized federal, state, and local law enforcement officers and personnel are exempt from the provisions of this subsection (2) when carrying a firearm or other weapon in conformance with their employing agency's policy. Members of the armed forces of the United States or the state of Washington are exempt from the provisions of this subsection (2) when carrying a firearm or other weapon in the discharge of official duty or traveling to or from official duty.
(d) For purposes of this subsection, the following definitions apply:
(i) "Permitted demonstration" means either: (A) A gathering for which a permit has been issued by a federal agency, state agency, or local government; or (B) a gathering of 15 or more people who are assembled for a single event at a public place that has been declared as permitted by the chief executive, sheriff, or chief of police of a local government in which the gathering occurs. A "gathering" means a demonstration, march, rally, vigil, sit-in, protest, picketing, or similar public assembly.
(ii) "Public place" means any site accessible to the general public for business, entertainment, or another lawful purpose. A "public place" includes, but is not limited to, the front, immediate area, or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business; any public building, its grounds, or surrounding area; or any public parking lot, street, right-of-way, sidewalk, public park, or other public grounds.
(iii) "Weapon" has the same meaning given in subsection (1)(b) of this section.
(e) Nothing in this subsection applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.
(3) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070
or exempt from the licensing requirement by RCW 9.41.060
; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(4)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than 500 feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (4)(b) shall be grandfathered according to existing law.
(5) Violations of local ordinances adopted under subsection (3) of this section must have the same penalty as provided for by state law.
(6) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
(7) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
(b) Law enforcement personnel, except that subsection (1)(b) of this section does apply to a law enforcement officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter
7.105
or
10.99
RCW, or an action under Title
26
RCW where any party has alleged the existence of domestic violence as defined in RCW 7.105.010
; or
(c) Security personnel while engaged in official duties.
(8) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) of this section does not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection (1)(b) of this section does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter
7.105
or
10.99
RCW, or an action under Title
26
RCW where any party has alleged the existence of domestic violence as defined in RCW 7.105.010
.
(9) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070
who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.
(10) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.
(11) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
(12) Subsection (1)(g) of this section does not apply to employees of a zoo, aquarium, or animal sanctuary, while engaged in their employment if the weapon is owned by the zoo, aquarium, or animal sanctuary and maintained for the purpose of protecting its employees, animals, or the visiting public.
(13) Subsection (1)(f), (g), and (h) of this section does not apply to the activities of color guards and honor guards affiliated with the United States military, Washington state national guard, or Washington department of veterans affairs related to burial or interment ceremonies including, but not limited to, any staging and logistical requirements of the color guard or honor guard.
(14) Subsection (1)(f), (g), and (h) of this section does not apply to a person licensed to carry a concealed firearm pursuant to RCW 9.41.070
.
(15) Government-sponsored law enforcement firearms training must be training that correctional personnel and community corrections officers receive as part of their job requirement and reference to such training does not constitute a mandate that it be provided by the correctional facility.
(16) Any person violating subsection (1) or (2) of this section is guilty of a gross misdemeanor.
(17) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250
.
[
2024 c 285 s 1
. Prior:
2021 c 261 s 1
;
2021 c 215 s 96
; prior:
2018 c 201 s 9003
;
2018 c 201 s 6007
;
2011 c 221 s 2
;
2008 c 33 s 1
; prior:
2004 c 116 s 1
;
2004 c 16 s 1
;
1994 sp.s. c 7 s 429
;
1993 c 396 s 1
;
1985 c 428 s 2
.]
NOTES:
Effective date
—
2021 c 261:
"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 12, 2021]." [
2021 c 261 s 4
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
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
.
RCW 9.41.305
Open carry of weapons prohibited on state capitol grounds and municipal buildings.
(1) Unless exempt under subsection (3) of this section, it is unlawful for any person to knowingly open carry a firearm or other weapon, as defined in RCW 9.41.300
(1)(b), while knowingly being in the following locations:
(a) The west state capitol campus grounds; any buildings on the state capitol grounds; any state legislative office; or any location of a public state legislative hearing or meeting during the hearing or meeting; or
(b) City, town, county, or other municipality buildings used in connection with meetings of the governing body of the city, town, county, or other municipality, or any location of a public meeting or hearing of the governing body of a city, town, county, or other municipality during the hearing or meeting.
(2) For the purposes of this section:
(a) "Buildings on the state capitol grounds" means the following buildings located on the state capitol grounds, commonly known as Legislative, Temple of Justice, John L. O'Brien, John A. Cherberg, Irving R. Newhouse, Joel M. Pritchard, Helen Sommers, Insurance, Governor's Mansion, Visitor Information Center, Carlyon House, Ayer House, General Administration, 1500 Jefferson, James M. Dolliver, Old Capitol, Capitol Court, State Archives, Natural Resources, Office Building #2, Highway-License, Transportation, Employment Security, Child Care Center, Union Avenue, Washington Street, Professional Arts, State Farm, and Powerhouse Buildings.
(b) "Governing body" has the same meaning as in RCW 42.30.020
.
(c) "West state capitol campus grounds" means areas of the campus south of Powerhouse Rd. SW, south of Union Avenue SW as extended westward to Powerhouse Rd. SW, west of Capitol Way, north of 15th Avenue SW between Capitol Way S. and Water Street SW, west of Water Street between 15th Avenue SW and 16th Avenue SW, north of 16th Avenue SW between Water Street SW and the east banks of Capitol Lake, and east of the banks of Capitol Lake.
(3) Duly authorized federal, state, or local law enforcement officers or personnel are exempt from this section when carrying a firearm or other weapon in conformance with their employing agency's policy. Members of the armed forces of the United States or the state of Washington are exempt from this section when carrying a firearm or other weapon in the discharge of official duty or traveling to or from official duty.
(4)(a) A person violating this section is guilty of a misdemeanor.
(b) Second and subsequent violations of this section are a gross misdemeanor.
(5) Nothing in this section applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.
(6) A city, town, county, or other municipality must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at any locations specified in subsection (1)(b) of this section.
[
2023 c 470 s 3006
;
2022 c 106 s 2
;
2021 c 261 s 2
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Effective date
—
2021 c 261:
See note following RCW 9.41.300
.
RCW 9.41.310
Information pamphlet.
(1) After a public hearing, the department of fish and wildlife shall publish a pamphlet on firearms safety and the legal limits of the use of firearms. The pamphlet shall include current information on firearms laws and regulations and state preemption of local firearms laws. By July 1, 2017, the department of fish and wildlife shall update the pamphlet to incorporate information on suicide awareness and prevention as recommended by the safe homes task force established in *RCW 43.70.445
.
(2) This pamphlet may be used in the department's hunter safety education program and shall be provided to the department of licensing for distribution to firearms dealers and persons authorized to issue concealed pistol licenses. The department of fish and wildlife shall reimburse the department of licensing for costs associated with distribution of the pamphlet.
[
2016 c 90 s 4
;
1994 c 264 s 2
;
1988 c 36 s 4
;
1985 c 428 s 5
.]
NOTES:
*Reviser's note:
RCW 43.70.445
expired July 1, 2021.
Findings
—
2016 c 90:
See note following RCW 43.70.442
.
Severability
—
1985 c 428:
See note following RCW 9.41.290
.
RCW 9.41.320
Fireworks.
Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter
70.77
RCW.
[
1994 c 133 s 16
.]
NOTES:
Severability
—
Effective date
—
1994 c 133:
See notes following RCW 70.77.146
.
RCW 9.41.325
Undetectable or untraceable firearms
—
Penalties.
(1) No person may knowingly or recklessly allow, facilitate, aid, or abet the manufacture or assembly of an undetectable firearm or untraceable firearm by a person who: (a) Is ineligible under state or federal law to possess a firearm; or (b) has signed a valid voluntary waiver of firearm rights that has not been revoked under RCW 9.41.350
. For purposes of this provision, the failure to conduct a background check as provided in RCW 9.41.113
shall be prima facie evidence of recklessness.
(2)(a) Any person violating this section is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW.
(b) If a person previously has been found guilty under this section, then the person is guilty of a class C felony punishable under chapter
9A.20
RCW for each subsequent knowing violation of this section. A person is guilty of a separate offense for each and every firearm to which this section applies.
[
2019 c 243 s 2
.]
NOTES:
Effective date
—
2019 c 243:
See note following RCW 9.41.010
.
RCW 9.41.326
Untraceable firearms
—
Exceptions
—
Penalties.
(1) No person may manufacture, cause to be manufactured, assemble, or cause to be assembled an untraceable firearm.
(2) After March 10, 2023, no person may knowingly or recklessly possess, transport, or receive an untraceable firearm, unless the party possessing, transporting, or receiving the untraceable firearm is a law enforcement agency or a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(3) No person may sell, offer to sell, transfer, or purchase an untraceable firearm.
(4) Subsections (2) and (3) of this section do not apply to any firearm that:
(a) Has been rendered permanently inoperable;
(b) Is an antique firearm, as defined in 18 U.S.C. Sec. 921(a)(16);
(c) Was manufactured before 1968; or
(d) Has been imprinted by a federal firearms dealer or other federal licensee authorized to provide marking services as provided for in RCW 9.41.328
.
(5)(a) Any person who violates this section commits a civil infraction and shall be assessed a monetary penalty of $500.
(b) If a person previously has been found to have violated this section, then the person is guilty of a misdemeanor punishable under chapter
9A.20
RCW for each subsequent violation of this section.
(c) If a person previously has been found to have violated this section two or more times, then the person is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW for each subsequent violation of this section.
(d) If a person violates this section by manufacturing, causing to be manufactured, assembling, causing to be assembled, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time, then the person is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW for each violation of this section.
(e) A person commits a separate violation of this section for each and every firearm to which this section applies.
[
2022 c 105 s 4
.]
NOTES:
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
RCW 9.41.327
Unfinished frames or receivers
—
Exceptions
—
Penalties.
(1) After March 10, 2023, no person may knowingly or recklessly possess, transport, or receive an unfinished frame or receiver, unless: (a) The party possessing, transporting, or receiving the unfinished frame or receiver is a law enforcement agency or a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (b) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(2) No person may sell, offer to sell, transfer, or purchase an unfinished frame or receiver, unless: (a) The party purchasing the unfinished frame or receiver is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (b) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(3) Subsection (1) of this section does not apply to any unfinished frame or receiver that has been imprinted by a federal firearms dealer or other federal licensee authorized to provide marking services as provided for in RCW 9.41.328
.
(4)(a) Any person who violates this section commits a civil infraction and shall be assessed a monetary penalty of $500.
(b) If a person previously has been found to have violated this section, then the person is guilty of a misdemeanor punishable under chapter
9A.20
RCW for each subsequent violation of this section.
(c) If a person previously has been found to have violated this section two or more times, then the person is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW for each subsequent violation of this section.
(d) If a person violates this section by possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more unfinished frames or receivers at a time, then the person is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW for each violation of this section.
(e) A person commits a separate violation of this section for each and every unfinished frame or receiver to which this section applies.
[
2022 c 105 s 5
.]
NOTES:
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
RCW 9.41.328
Imprinting a firearm or unfinished frame or receiver.
(1) A federal firearms dealer or other federal licensee authorized to provide marking services for firearms may imprint a firearm or unfinished frame or receiver with a serial number.
(2) The firearm or unfinished frame or receiver shall be imprinted with the licensee's abbreviated federal firearms license number as a prefix (which is the first three and last five digits) followed by a hyphen, and then followed by a number as a suffix, e.g., "12345678-(number)." The serial number must be placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms, including the requirements that the serial number be at the minimum size and depth, and not susceptible to being readily obliterated, altered, or removed.
(3) The serial number must not duplicate any serial numbers placed by the federal firearms dealer or other federal licensee on any other firearm or unfinished frame or receiver.
(4) Whenever a federal firearms dealer or other federal licensee imprints a firearm or unfinished frame or receiver with a serial number, the licensee shall retain records that accord with the requirements under federal law in the case of the sale of a firearm.
[
2022 c 105 s 6
.]
NOTES:
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
RCW 9.41.330
Felony firearm offenders
—
Determination of registration.
(1) On or after June 9, 2016, except as provided in subsection (3) of this section, whenever a defendant in this state is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense, the court must consider whether to impose a requirement that the person comply with the registration requirements of RCW 9.41.333
and may, in its discretion, impose such a requirement.
(2) In determining whether to require the person to register, the court shall consider all relevant factors including, but not limited to:
(a) The person's criminal history;
(b) Whether the person has previously been found not guilty by reason of insanity of any offense in this state or elsewhere; and
(c) Evidence of the person's propensity for violence that would likely endanger persons.
(3) When a person is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense that was committed in conjunction with any of the following offenses, the court must impose a requirement that the person comply with the registration requirements of RCW 9.41.333
:
(a) An offense involving sexual motivation;
(b) An offense committed against a child under the age of eighteen; or
(c) A serious violent offense.
(4) For purposes of this section, "sexual motivation" and "serious violent offense" are defined as in RCW 9.94A.030
.
[
2016 c 94 s 1
;
2013 c 183 s 3
.]
RCW 9.41.333
Duty to register
—
Requirements.
(1) Any adult or juvenile residing, whether or not the person has a fixed residence, in this state who has been required by a court to comply with the registration requirements of this section shall personally register with the county sheriff for the county of the person's residence.
(2) A person required to register under this section must provide the following information when registering:
(a) Name and any aliases used;
(b) Complete and accurate residence address or, if the person lacks a fixed residence, where he or she plans to stay;
(c) Identifying information of the gun offender, including a physical description;
(d) The offense for which the person was convicted;
(e) Date and place of conviction; and
(f) The names of any other county where the offender has registered pursuant to this section.
(3) The county sheriff may require the offender to provide documentation that verifies the contents of his or her registration.
(4) The county sheriff may take the offender's photograph or fingerprints for the inclusion of such record in the registration.
(5) Felony firearm offenders shall register with the county sheriff not later than forty-eight hours after:
(a) The date of release from custody, as a result of the felony firearm offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility; or
(b) The date the court imposes the felony firearm offender's sentence, if the offender receives a sentence that does not include confinement.
(6)(a) Except as described in (b) of this subsection, the felony firearm offender shall register with the county sheriff not later than twenty days after each twelve-month anniversary of the date the offender is first required to register, as described in subsection (5) of this section.
(b) If the felony firearm offender is confined to any correctional institution, state institution or facility, or health care facility throughout the twenty-day period described in (a) of this subsection, the offender shall personally appear before the county sheriff not later than forty-eight hours after release to verify and update, as appropriate, his or her registration.
(7) If the felony firearm offender changes his or her residence address and his or her new residence address is within this state, the offender shall personally register with the county sheriff for the county of the person's residence not later than forty-eight hours after the change of address. If the offender's residence address is within the same county as the offender's immediately preceding address, the offender shall update the contents of his or her current registration.
(8) The duty to register shall continue for a period of four years from the date the offender is first required to register, as described in subsection (5) of this section.
[
2013 c 183 s 4
.]
RCW 9.41.335
Failure to register as felony firearm offender.
(1) A person commits the crime of failure to register as a felony firearm offender if the person has a duty to register under RCW 9.41.333
and knowingly fails to comply with any of the requirements of RCW 9.41.333
.
(2) Failure to register as a felony firearm offender is a gross misdemeanor.
[
2013 c 183 s 5
.]
RCW 9.41.340
Return of privately owned firearm by law enforcement agency
—
Notification
—
Exception
—
Exemption from public disclosure
—
Civil liability
—
Liability for request based on false information.
(1)(a) Each law enforcement agency shall develop a notification protocol that:
(i) Allows a family or household member or intimate partner to use an incident or case number to request to be notified when a law enforcement agency returns a privately owned firearm to the individual from whom it was obtained or to an authorized representative of that person; and
(ii) Requires notification to any person identified in a no-contact order, restraining order, or protection order and any identified victim of the crime that resulted in the firearm surrender.
(b)(i) Notification may be made via telephone, email, text message, or another method that allows notification to be provided without unnecessary delay.
(ii) If a law enforcement agency is in possession of more than one privately owned firearm from an individual, notification relating to the return of one firearm shall be considered notification for all privately owned firearms for that person.
(2) A law enforcement agency shall not provide notification to any party other than another criminal justice agency or as authorized or required under subsection (1) of this section.
(3) The information provided by a family or household member or intimate partner pursuant to chapter 130, Laws of 2015, including the existence of the request for notification, is not subject to public disclosure pursuant to chapter
42.56
RCW.
(4) An appointed or elected 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 damages for any release of information or the failure to release information related to this section, so long as the release or failure was without gross negligence.
(5) An individual who knowingly makes a request for notification under this section based on false information may be held liable under RCW 9A.76.175
.
[
2023 c 462 s 401
;
2020 c 29 s 5
;
2015 c 130 s 1
.]
NOTES:
Effective date
—
2020 c 29:
See note following RCW 7.77.060
.
Short title
—
2015 c 130:
"This act may be known and cited as the Sheena Henderson act." [
2015 c 130 s 3
.]
RCW 9.41.345
Return of privately owned firearm or concealed pistol license by law enforcement agency
—
Duties
—
Notice
—
Exception.
(1) Before a law enforcement agency returns a privately owned firearm, the law enforcement agency must:
(a) Confirm that the individual to whom the firearm will be returned is the individual from whom the firearm was obtained or an authorized representative of that person;
(b) Confirm that the individual to whom the firearm will be returned is eligible to possess a firearm pursuant to RCW 9.41.040
;
(c) Ensure that the firearm is not otherwise required to be held in custody or otherwise prohibited from being released;
(d) Ensure that five business days have elapsed from the time the firearm was obtained by law enforcement; and
(e) If a family or household member or intimate partner has requested notification under RCW 9.41.340
(1)(a)(i), or notification to an identified victim or protected person is required per RCW 9.41.340
(1)(a)(ii), provide notice to the appropriate person within one business day of verifying that the requirements in (a) through (c) of this subsection have been met.
(2)(a) Once the requirements in subsections (1) and (3) of this section have been met, a law enforcement agency must release a firearm to the individual from whom it was obtained or an authorized representative of that person upon request without unnecessary delay.
(b)(i) If a firearm cannot be returned because it is required to be held in custody or is otherwise prohibited from being released, a law enforcement agency must provide written notice to the individual from whom it was obtained within five business days of the individual requesting return of the firearm and specify the reason the firearm must be held in custody.
(ii) Notification may be made via email, text message, mail service, or personal service. For methods other than personal service, service shall be considered complete once the notification is sent.
(3) If notification is required under RCW 9.41.340
(1)(a) (i) or (ii), a law enforcement agency must hold the firearm in custody for five business days from the time notification has been provided or information has been entered.
(4)(a) A law enforcement agency may not return a concealed pistol license that has been surrendered to, or impounded by, the law enforcement agency for any reason to the licensee until the law enforcement agency determines the licensee is eligible to possess a firearm under state and federal law and meets the other eligibility requirements for a concealed pistol license under RCW 9.41.070
.
(b) A law enforcement agency must release a concealed pistol license to the licensee without unnecessary delay, and in no case longer than five business days, after the law enforcement agency determines the requirements of (a) of this subsection have been met.
(5) The provisions of chapter 130, Laws of 2015 and subsection (4) of this section shall not apply to circumstances where a law enforcement officer has momentarily obtained a firearm or concealed pistol license from an individual and would otherwise immediately return the firearm or concealed pistol license to the individual during the same interaction.
[
2023 c 462 s 402
;
2020 c 29 s 6
;
2019 c 367 s 5
;
2018 c 226 s 1
;
2015 c 130 s 2
.]
NOTES:
Effective date
—
2020 c 29:
See note following RCW 7.77.060
.
Short title
—
2015 c 130:
See note following RCW 9.41.340
.
RCW 9.41.350
Voluntary waiver of firearm rights
—
Procedure
—
Penalty
—
Exemption from public disclosure.
(1) A person may file a voluntary waiver of firearm rights, either in writing or electronically, with the clerk of the court in any county in Washington state. The clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. The person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or alternate person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. The clerk of the court must immediately give notice to the person filing the form and any listed family member, mental health professional, substance use disorder professional, or alternate person if the filer's voluntary waiver of firearm rights has been accepted. The notice must state that the filer's possession or control of a firearm is unlawful under RCW 9.41.040
(7) and that any firearm in the filer's possession or control should be surrendered immediately. By the end of the business day, the clerk of the court must transmit the accepted form to the Washington state patrol firearms background check program. The Washington state patrol firearms background check program must enter the voluntary waiver of firearm rights into the national instant criminal background check system and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms within twenty-four hours of receipt of the form. Copies and records of the voluntary waiver of firearm rights shall not be disclosed except to law enforcement agencies.
(2) A filer of a voluntary waiver of firearm rights may update the contact information for any family member, mental health professional, substance use disorder professional, or alternate person provided under subsection (1) of this section by making an electronic or written request to the clerk of the court in the same county where the voluntary waiver of firearm rights was filed. The clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to updating the contact information on the form. By the end of the business day, the clerk of the court must transmit the updated contact information to the Washington state patrol.
(3) No sooner than seven calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights, either in writing or electronically, in the same county where the voluntary waiver of firearm rights was filed. The clerk of the court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. By the end of the business day, the clerk of the court must transmit the form to the Washington state patrol firearms background check program and to any family member, mental health professional, substance use disorder professional, or alternate person listed on the voluntary waiver of firearm rights. Within seven days of receiving a revocation of a voluntary waiver of firearm rights, the Washington state patrol firearms background check program must remove the person from the national instant criminal background check system, and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm under RCW 9.41.040, and destroy all records of the voluntary waiver.
(4) A person who knowingly makes a false statement regarding their identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of false swearing under RCW 9A.72.040
.
(5) Neither a voluntary waiver of firearm rights nor a revocation of a voluntary waiver of firearm rights shall be considered by a court in any legal proceeding.
(6) A voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services.
(7) All records obtained and all reports produced, as required by this section, are not subject to disclosure through the public records act under chapter
42.56
RCW.
[
2024 c 289 s 5
;
2023 c 262 s 3
;
2018 c 145 s 1
.]
NOTES:
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Effective date
—
2018 c 145 ss 1, 3, and 4:
"Sections 1, 3, and 4 of this act take effect January 1, 2019." [
2018 c 145 s 5
.]
RCW 9.41.352
Voluntary waiver of firearm rights
—
Form
—
Availability.
(1) The administrator for the courts, under the direction of the chief justice, shall develop a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form by January 1, 2019.
(2) The forms must include all of the information necessary for identification and entry of the person into the national instant criminal background check system, and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms. The voluntary waiver of firearm rights form must include the following language:
Because you have filed this voluntary waiver of firearm rights, effective immediately you may not purchase, receive, control, or possess any firearm. You may revoke this voluntary waiver of firearm rights any time after at least seven calendar days have elapsed since the time of filing.
(3) The forms must be made available on the administrator for the courts website, at all county clerk offices, and must also be made widely available at firearm and ammunition dealers and health care provider locations.
[
2023 c 262 s 4
;
2018 c 145 s 2
.]
RCW 9.41.354
Voluntary waiver of firearm rights
—
Health professionals.
Mental health professionals and substance use disorder professionals are encouraged to discuss the voluntary waiver of firearm rights with their patients if the mental health professional or substance use disorder professional reasonably believes that a discussion will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation to do so.
[
2023 c 262 s 5
.]
RCW 9.41.360
Unsafe storage of a firearm.
(1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm:
(a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or
(b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and:
(i) Causes the firearm to discharge;
(ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or
(iii) Uses the firearm in the commission of a crime.
(2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter
9A.20
RCW.
(b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter
9A.20
RCW.
(3) Subsection (1) of this section does not apply if:
(a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm;
(b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042
;
(c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or
(d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken.
(4) If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.
(5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.
(6) Nothing in this section mandates how or where a firearm must be stored.
[
2019 c 3 s 5
(Initiative Measure No. 1639, approved November 6, 2018).]
NOTES:
Finding
—
2019 c 3 (Initiative Measure No. 1639):
"Gun violence is far too common in Washington and the United States. In particular, shootings involving the use of semiautomatic assault rifles have resulted in hundreds of lives lost, devastating injuries, and lasting psychological impacts on survivors, their families, and communities. Semiautomatic assault rifles are specifically designed to kill quickly and efficiently and have been used in some of the country's deadliest mass shootings, including in Newtown, Connecticut; Las Vegas, Nevada; and Parkland and Orlando, Florida, among others. Semiautomatic assault rifles have also been used in deadly shootings in Washington, including in Mukilteo and Tacoma.
The impacts of gun violence by assault weapons fall heavily on children and teenagers. According to one analysis, more than two hundred eight thousand students attending at least two hundred twelve schools have experienced a shooting on campus since the Columbine mass shooting in 1999. Active shooter drills are normal for a generation of American schoolchildren, instilling at a young age the sad and unnecessary realization that a mass shooting can happen in any community, in any school, at any time.
Enough is enough. The people find and declare that it is crucial and urgent to pass laws to increase public safety and reduce gun violence.
Implementing an enhanced background check system for semiautomatic assault rifles that is as strong as the one required to purchase a handgun and requiring safety training and a waiting period will help ensure that we keep these weapons out of dangerous hands. Further, federal law prohibits the sale of pistols to individuals under the age of twenty-one and at least a dozen states further restrict the ownership or possession of firearms by individuals under the age of twenty-one. This makes sense, as studies show that eighteen to twenty year olds commit a disproportionate number of firearm homicides in the United States and research indicates that the brain does not fully mature until a later age. Raising the minimum age to purchase semiautomatic assault rifles to twenty-one is a commonsense step the people wish to take to increase public safety.
Finally, firearms taken from the home by children or other persons prohibited from possessing firearms have been at the heart of several tragic gun violence incidents. One study shows that over eighty-five percent of school shooters obtained the firearm at their home or from a friend or relative. Another study found that more than seventy-five percent of firearms used in youth suicide attempts and unintentional injuries were stored in the residence of the victim, a relative, or a friend. Secure gun storage requirements for all firearms will increase public safety by helping ensure that children and other prohibited persons do not inappropriately gain access to firearms, and notice requirements will make the potential dangers of firearms clear to purchasers.
Therefore, to increase public safety for all Washingtonians, in particular our children, this measure would, among other things: Create an enhanced background check system applicable to semiautomatic assault rifles similar to what is required for handguns, require that individuals complete a firearm safety training course and be at least twenty-one years of age to purchase or possess such weapons, enact a waiting period for the purchase of such weapons, and establish standards for the responsible storage of all firearms." [
2019 c 3 s 1
(Initiative Measure No. 1639, approved November 6, 2018).]
Short title
—
2019 c 3 (Initiative Measure No. 1639):
"This act may be known and cited as the public safety and semiautomatic assault rifle act." [
2019 c 3 s 2
(Initiative Measure No. 1639, approved November 6, 2018).]
Effective dates
—
2019 c 3 (Initiative Measure No. 1639):
"This act takes effect July 1, 2019, except for section 13 of this act which takes effect January 1, 2019." [
2019 c 3 s 17
(Initiative Measure No. 1639, approved November 6, 2018).]
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
"The director of the department of licensing may take the necessary steps to ensure that this act is implemented on its effective date." [
2019 c 3 s 18
(Initiative Measure No. 1639, approved November 6, 2018).]
RCW 9.41.365
Firearm security and storage
—
Requirements for dealers.
(1) When selling or transferring any firearm, every dealer shall offer to sell or give the purchaser or transferee a secure gun storage device, or a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm.
(2) Every store, shop, or sales outlet where firearms are sold, that is registered as a dealer in firearms with the department of licensing, shall conspicuously post, in a prominent location so that all patrons may take notice, the following warning sign, to be provided by the department of licensing, in block letters at least one inch in height:
WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION.
(3) Every store, shop, or sales outlet where firearms are sold that is registered as a dealer in firearms with the department of licensing, upon the sale or transfer of a firearm, shall deliver a written warning to the purchaser or transferee that states, in block letters not less than one-fourth inch in height:
WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION.
(4) Every person who violates this section is guilty of a class 1 civil infraction under chapter
7.80
RCW and may be fined up to two hundred fifty dollars. However, no such fines may be levied until thirty days have expired from the time warning signs required under subsection (2) of this section are distributed by the department of licensing.
[
2019 c 3 s 6
(Initiative Measure No. 1639, approved November 6, 2018).]
NOTES:
Finding
—
Short title
—
Effective dates
—
Implementation
—
2019 c 3 (Initiative Measure No. 1639):
See notes following RCW 9.41.360
.
RCW 9.41.368
Firearm security and storage
—
Loss or theft
—
Owner or other person.
(1) An owner or other person lawfully in possession of a firearm who suffers the loss or theft of the firearm shall report the facts and circumstances of the loss or theft to the local law enforcement agency where the loss or theft occurred within 24 hours after the person first discovered the loss or theft unless the delay is for good cause shown. The report must include, to the extent known: The firearm's caliber, make, model, manufacturer, and serial number; any other distinguishing number or identification mark on the firearm; and the circumstances of the loss or theft, including the date, place, and manner.
(2) A law enforcement agency that receives a report of a lost or stolen firearm shall enter the following information, to the extent known, into the national crime information center database:
(a) The firearm's caliber, make, model, manufacturer, and serial number; and
(b) Any other distinguishing number or identification mark on the firearm.
(3) A person who fails to report a lost or stolen firearm in violation of this section commits a civil infraction and is subject to a monetary penalty of up to $1,000. If multiple firearms are lost or stolen in a single event, the owner or person who was lawfully in possession of the firearms at the time of loss or theft who fails to report the event shall be subject to a single monetary penalty.
(4) The duly constituted licensing authority of any city, town, or political subdivision of this state, upon issuing a firearm dealer's license in accordance with RCW 9.41.110, shall issue the dealer signage the dealer must post in a conspicuous place at each point-of-sale that states in block letters not less than one inch in height: "FAILURE TO KEEP FIREARMS IN SECURE GUN STORAGE, OR SECURED WITH A TRIGGER LOCK OR SIMILAR DEVICE THAT IS DESIGNED TO PREVENT THE UNAUTHORIZED USE OR DISCHARGE OF THE FIREARM MAY SUBJECT YOU TO CRIMINAL PENALTIES.
FAILURE TO REPORT THE LOSS OR THEFT OF A FIREARM MAY SUBJECT YOU TO A CIVIL PENALTY UP TO $1,000."
[
2024 c 286 s 1
.]
RCW 9.41.370
Large capacity magazines
—
Exceptions
—
Penalty.
(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.
(2) Subsection (1) of this section does not apply to any of the following:
(a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
(b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
(c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state.
(3) A person who violates this section is guilty of a gross misdemeanor punishable under chapter
9A.20
RCW.
[
2022 c 104 s 3
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2022 c 104:
See notes following RCW 9.41.010
.
RCW 9.41.375
Large capacity magazines
—
Unfair method of competition.
Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter
19.86
RCW.
[
2022 c 104 s 4
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2022 c 104:
See notes following RCW 9.41.010
.
RCW 9.41.380
Safe storage of firearms expansion encouraged
—
No special relationship created by dealer storage.
(1) In order to better prevent suicide by veterans, military members, and their families, an expansion of safe storage of firearms and reduced access to lethal means in the community is encouraged.
(2) A dealer who provides a service of allowing a person to temporarily store a firearm on the dealer's premises in a storage locker, box, or container that is locked and not accessible to the dealer does not thereby create a special relationship, for civil liability purposes, between the dealer and the person who temporarily stores the firearm on the dealer's premises.
[
2022 c 191 s 10
.]
NOTES:
Findings
—
Intent
—
2022 c 191:
See note following RCW 43.60A.260
.
RCW 9.41.390
Assault weapons
—
Manufacturing, importing, distributing, selling prohibited
—
Exceptions
—
Penalty.
(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any assault weapon, except as authorized in this section.
(2) Subsection (1) of this section does not apply to any of the following:
(a) The manufacture, importation, distribution, offer for sale, or sale of an assault weapon by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to any law enforcement agency for use by that agency or its employees for law enforcement purposes, or to a person who does not reside in this state;
(b) The importation, distribution, offer for sale, or sale of an assault weapon by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
(c) The distribution, offer for sale, or sale of an assault weapon to or by a dealer that is properly licensed under federal and state law where the dealer acquires the assault weapon from an individual legally authorized to possess or transfer the assault weapon for the purpose of selling or transferring the assault weapon to a person who does not reside in this state. The purpose of this section is to allow individuals who no longer wish to own an assault weapon to sell their assault weapon and is not intended to allow Washington dealers to purchase assault weapons wholesale for the purpose of selling a stock or inventory of assault weapons online or in person to nonresidents;
(d) The out-of-state sale or transfer of the existing stock of assault weapons owned by a licensed dealer that was acquired prior to January 1, 2023, for the limited period of 90 days after April 25, 2023; or
(e) The receipt of an assault weapon by a person who, on or after April 25, 2023, acquires possession of the assault weapon by operation of law upon the death of the former owner who was in legal possession of the assault weapon, provided the person in possession of the assault weapon can establish such provenance. Receipt under this subsection (2)(e) is not "distribution" under this chapter. A person who legally receives an assault weapon under this subsection (2)(e) may not sell or transfer the assault weapon to any other person in this state other than to a licensed dealer, to a federally licensed gunsmith for the purpose of service or repair, or to a law enforcement agency for the purpose of permanently relinquishing the assault weapon.
(3) For the purposes of this section, "law enforcement agency" means any (a) general authority Washington law enforcement agency as defined in RCW 10.93.020
; (b) limited authority Washington law enforcement agency as defined in RCW 10.93.020
; or (c) equivalent federal, state, or local law enforcement agency in the United States.
(4) A person who violates this section is guilty of a gross misdemeanor.
[
2023 c 162 s 3
.]
NOTES:
Findings
—
Intent
—
2023 c 162:
"The legislature finds and declares that gun violence is a threat to the public health and safety of Washingtonians. Assault weapons are civilian versions of weapons created for the military and are designed to kill humans quickly and efficiently. For this reason the legislature finds that assault weapons are "like" "M-16 rifles" and thus are "weapons most useful in military service." Assault weapons have been used in the deadliest mass shootings in the last decade. An assailant with an assault weapon can hurt and kill twice the number of people than an assailant with a handgun or nonassault rifle. This is because the additional features of an assault weapon are not "merely cosmetic"; rather, these are features that allow shooters to fire large numbers of rounds quickly. An analysis of mass shootings that result in four or more deaths found that 85 percent of those fatalities were caused by an assault weapon. The legislature also finds that this regulation is likely to have an impact on the number of mass shootings committed in Washington. Studies have shown that during the period the federal assault weapon ban was in effect, mass shooting fatalities were 70 percent less likely to occur. Moreover, the legislature finds that assault weapons are not suitable for self-defense and that studies show that assault weapons are statistically not used in self-defense. The legislature finds that assault weapons are not commonly used in self-defense and that any proliferation is not the result of the assault weapon being well-suited for self-defense, hunting, or sporting purposes. Rather, increased sales are the result of the gun industry's concerted efforts to sell more guns to a civilian market. The legislature finds that the gun industry has specifically marketed these weapons as "tactical," "hyper masculine," and "military style" in manner that overtly appeals to troubled young men intent on becoming the next mass shooter. The legislature intends to limit the prospective sale of assault weapons, while allowing existing legal owners to retain the assault weapons they currently own." [
2023 c 162 s 1
.]
Effective date
—
2023 c 162:
"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 [April 25, 2023]." [
2023 c 162 s 6
.]
RCW 9.41.395
Assault weapons
—
Consumer protection act.
(1) The legislature finds that manufacturing, importing, distributing, selling, or offering for sale any assault weapon in violation of RCW 9.41.390
are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter
19.86
RCW; are not reasonable in relation to the development and preservation of business; and constitutes an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter
19.86
RCW.
(2) A violation of RCW 9.41.390
is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter
19.86
RCW.
(3) Any person or entity that receives a civil investigative demand issued pursuant to RCW 19.86.110
and that has an objection to answering in whole or in part may avail themselves of the procedural protections afforded in RCW 19.86.110
(8). Further, the attorney general shall not share with a law enforcement agency conducting a criminal investigation any materials or information obtained via a response to a civil investigative demand issued pursuant to RCW 19.86.110
unless such information or materials are required to be disclosed pursuant to issuance of a search warrant.
[
2023 c 162 s 4
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2023 c 162:
See notes following RCW 9.41.390
.
RCW 9.41.800
Surrender of weapons or licenses
—
Prohibition on future possession or licensing.
(1) Any court when entering an order authorized under chapter
7.105
RCW, RCW 9A.40.102, 9A.44.210, 9A.46.080, 9A.88.160, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.26B.020, 26.26A.470, or
46.61.5055
shall, upon a showing by a preponderance of the evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or is ineligible to possess a firearm under the provisions of RCW 9.41.040
:
(a) Require that the party immediately surrender all firearms and other dangerous weapons;
(b) Require that the party immediately surrender any concealed pistol license issued under RCW 9.41.070
;
(c) Prohibit the party from accessing, having custody or control, possessing, purchasing, receiving, or attempting to purchase or receive, any firearms or other dangerous weapons;
(d) Prohibit the party from obtaining or possessing a concealed pistol license;
(e) Other than for ex parte temporary protection orders, unless the ex parte temporary protection order was reissued after the party received noticed and had an opportunity to be heard, direct law enforcement to revoke any concealed pistol license issued to the party.
(2) During any period of time that the party is subject to a court order issued under chapter
7.105, 9A.46, 10.99, 26.09, 26.26A, or
26.26B
RCW that:
(a) Was issued after a hearing of which the party received actual notice, and at which the party 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 party from harassing, stalking, or threatening an intimate partner of the party, the protected person, or child of the intimate partner, party, or protected person, or engaging in other conduct that would place an intimate partner or protected person in reasonable fear of bodily injury to the intimate partner, protected person, or child; and
(c)(i) Includes a finding that the party represents a credible threat to the physical safety of the intimate partner, protected person, or child; or
(ii) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner, protected person, or child that would reasonably be expected to cause bodily injury, the court shall:
(A) Require that the party immediately surrender all firearms and other dangerous weapons;
(B) Require that the party immediately surrender a concealed pistol license issued under RCW 9.41.070
;
(C) Prohibit the party from accessing, having custody or control, possessing, purchasing, receiving, or attempting to purchase or receive, any firearms or other dangerous weapons; and
(D) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender and prohibit the purchase of all firearms and other dangerous weapons, and any concealed pistol license, without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1) and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
(5) The requirements of subsections (1) and (4) of this section may be for a period of time less than the duration of the order.
(6) The court shall require the party to surrender all firearms and other dangerous weapons in the party's custody, control, or possession, or subject to the party's immediate possession or control, and any concealed pistol license issued under RCW 9.41.070, to the local law enforcement agency.
(7) If the court enters a protection order, restraining order, or no-contact order that includes an order to surrender firearms, dangerous weapons, and any concealed pistol license under this section:
(a) The order must be served by a law enforcement officer;
(b) Law enforcement must immediately ensure entry of the order to surrender and prohibit weapons and the revocation of any concealed pistol license is made into the appropriate databases making the party ineligible to possess firearms and a concealed pistol license; and
(c) Law enforcement officers shall use law enforcement databases to assist in locating the party in situations where the protected person does not know where the party lives or where there is evidence that the party is trying to evade service.
[
2023 c 462 s 503
;
2022 c 268 s 29
;
2021 c 215 s 74
. Prior:
2019 c 245 s 1
;
2019 c 46 s 5006
;
2014 c 111 s 2
;
2013 c 84 s 25
;
2002 c 302 s 704
;
1996 c 295 s 14
;
1994 sp.s. c 7 s 430
.]
NOTES:
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
.
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
.