Washington

Recent Developments

For significant developments in Washington firearms law enacted in 2009, please see LCAV's Recent Developments in State Law page.

State Law Summary

Gun Deaths

In 2006, 546 people died from firearm-related injuries in Washington. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

State Right to Bear Arms

Article I, Section 24 of the Washington State Constitution states: "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men."

The Supreme Court of Washington has repeatedly rejected article I, § 24 challenges to state and local firearms regulations. See, e.g., Morris v. Blaker, 821 P.2d 482, 488 (Wash. 1992) (rejecting article I, § 24 challenge to revocation of defendant's concealed weapons permit after defendant was involuntarily committed to a mental facility, stating that "[w]hile article 1, section 24 of the Washington State Constitution confers upon individuals of this state the right to bear arms, that right is not absolute and is subject to reasonable regulation by the State under its police power"); State v. Krantz, 164 P.2d 453, 454 (Wash. 1945) (rejecting defendant's article I, § 24 challenge to the Uniform Short Firearms Act, noting that "[i]t has long been recognized that this constitutional guarantee is subject to reasonable regulation by the state under its police power"); and State v. Tully, 89 P.2d 517, 518 (Wash. 1939) (rejecting an article I, § 24 challenge to the Uniform Firearms Act because "[n]o authorities [were] cited in support of the contention that [the relevant statutory provisions] mentioned are violative of" article I, § 24). The Courts of Appeals have followed this approach. See, e.g., Estes v. Vashon Maury Island Fire Protection District No. 13, 2005 Wash. App. LEXIS 2575 (Wash. Ct. App. 2005) aff'd mem., 129 Wash. App. 1042 (Wash. 2005) (the benefit to public safety of fire protection district's policy of prohibiting firearm possession by visitors on district property outweighs its effect on "the general right to bear arms" under article I, § 24); State v. Krzeszowski, 24 P.3d 485 (Wash. Ct. App. 2001) (statute prohibiting felons possessing firearms does not violate article I, § 24); State v. Spencer, 876 P.2d 939 (Wash. Ct. App. 1994) (conviction for brandishing a weapon did not violate article I, § 24); Second Amendment Found. v. City of Renton, 668 P.2d 596 (Wash. Ct. App. 1983) (ordinance prohibiting possession of firearms where alcohol is dispensed by the drink does not violate article I, § 24).

In its most comprehensive discussion to date of the scope of article I, § 24, the Supreme Court of Washington held, in City of Seattle v. Montana, 919 P.2d 1218 (Wash. 1996), that article I, § 24 is not absolute and is subject to reasonable regulation by the state under its police power. Montana rejected an article I, § 24 challenge to a Seattle ordinance prohibiting the carrying of dangerous knives. In analyzing the challenge, the court noted that:

[A]n arms regulation must be a 'reasonable limitation,' one that is reasonably necessary to protect public safety or welfare, and substantially related to legitimate ends sought. This analysis requires balancing the public benefit from the regulation against the degree to which it frustrates the purpose of the constitutional provision. The constitutional text indicates the right is secured not because arms are valued per se, but only to ensure self-defense or defense of state. This suggests the constitutional right should be viewed in such a light. (citations omitted).

Montana, 919 P.2d at 1224.

The court upheld the Seattle ordinance as a "reasonable exercise of the police power to promote safety, peace and good order." Id. at 1223.

However, in State v. Spiers, 79 P.3d 30 (Wash. Ct. App. 2003), a Washington appellate court struck down a law criminalizing firearm ownership by a person merely charged with a serious offense who has relinquished possession but who retains ownership of a firearm. The court reasoned that the public does not derive any additional benefit from depriving a person free on bond or personal recognizance of ownership of a firearm if they have relinquished possession. Id. at 35. As a result, this regulation failed the Montana balancing test. Id.

In State v. Schelin, 55 P.3d 632, 639 (Wash. 2002) the Supreme Court of Washington held that requiring a nexus between the defendant, a weapon, and the crime for a sentence enhancement for being armed with a deadly weapon adequately protects the defendant's "right to bear arms," and noted that although defendant's "right to bear firearms in his home is constitutionally protected, that right ceases when the purpose of bearing firearms is to further the commission of a crime." Similarly, in State v. Eckenrode, 150 P.3d 1116 (Wash. 2007), the court upheld a deadly weapons enhancement, but stated, "In order to harmonize the legitimate state interest in imposing enhanced sentences on those who commit armed crimes and the constitutional guaranty of the right to bear arms, the State must establish a connection between the defendant, the crime, and the weapon." In State v. Brown, 173 P.3d 245, 250-251 (Wash. 2007), the court vacated a deadly weapons sentence enhancement because there was an insufficient nexus between the defendant, a weapon, and the crime, stating, "Though the use of a weapon in the commission of a crime is not constitutionally protected, adherence to the nexus requirement is... important in harmonizing the mandatory sentence enhancements with the constitutional right to bear arms."

State Preemption

Local regulatory authority is derived from Article XI, § 11 of the Washington State Constitution, which provides that "[a]ny county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws." The Washington Legislature, however, has limited the authority of local governments to regulate firearms. Washington Revised Code § 9.41.290 states:

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.

The Supreme Court of Washington has held that section 9.41.290 was not intended to preempt reasonable rules regarding the possession of weapons in the public workplace. Cherry v. Municipality of Metropolitan Seattle, 808 P.2d 746, 750 (Wash. 1991). In Cherry, the court held that a municipal employer has the authority to regulate or prohibit employee possession of firearms while on the job because the provisions under section 9.41.290, as well as its legislative history, do not "deal with the authority of public employers to prohibit their employees from carrying firearms or any other weapons while on duty or at the workplace." Cherry, 808 P.2d at 749.

The court noted that section 9.41.290 "was enacted to reform that situation in which counties, cities, and towns could each enact conflicting local criminal codes regulating the general public's possession of firearms." Id. As such, section 9.41.290 was not intended to preempt "the authority of a municipal employer to regulate or prohibit a municipal employee's possession of firearms while on the job or in the workplace." Cherry, 808 P.2d at 750. See also Estes v. Vashon Maury Island Fire Protection District No. 13, 2005 Wash. App. LEXIS 2575 (Wash. Ct. App. 2005) aff’d mem., 129 Wash. App. 1042 (Wash. 2005) (fire protection district's policy of prohibiting firearm possession by visitors on district property does not constitute a law that is penal in nature and therefore falls outside the scope of the criminal firearms regulations governed, and preempted, by § 9.41.290).

Section 9.41.300(2) provides that cities, towns, counties and other municipalities may enact ordinances restricting:

• The discharge of firearms in any portion of their respective jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and

• The possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restriction shall not apply to:

• Any pistol in the possession of a person licensed to do so under state law or exempt from the licensing requirement; or

• Any showing, demonstration, or lecture involving the exhibition of firearms.

In Pacific Northwest Shooting Park Ass’n v. City of Sequim, 144 P.3d 276 (Wash. 2006), the court held that a city may impose permit restrictions on private party gun sales at a gun show located in the city’s convention center. The court reasoned that the authority to regulate sales of firearms in a city’s convention center was necessarily included within section 9.41.300(2)’s grant of authority to regulate possession at that location, and that a gun show is not a “showing, demonstration, or lecture involving the exhibition of firearms.” Id. at 282-283. The court further reasoned that section 9.41.290 only prohibits “laws and ordinances,” and does not prohibit a municipal property owner from imposing permit conditions related to firearms for the use of its property. Id. at 283.

In City of Seattle v. Ballsmider, 856 P.2d 1113 (Wash. Ct. App. 1993), a Washington appellate court held that an ordinance prohibiting discharge of a firearm in the City of Seattle did not violate section 9.41.290.

Under section 9.41.300(3), cities, towns, and counties may:

• Enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but 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; and

• 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 passers-by that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this provision shall be grandfathered according to existing law.

Under section 9.41.110(12), every city, town, and political subdivision of the state is prohibited from requiring the purchaser of a firearm to secure a permit to purchase, or from requiring a firearms dealer to secure an individual permit for each sale. Dealer sales of firearms are governed by section 9.41.090 (see the Washington Dealer Regulations section).

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

State Firearms Policies

Firearm Prohibitions for Domestic Violence Misdemeanants

Wash. Rev. Code § 9.41.040(2)(i) prohibits possession of a firearm by anyone who has been convicted or found not guilty by reason of insanity of any of the following crimes when committed by one family or household member against another on or after July 1, 1993:

• Assault in the fourth degree;

• Coercion;

• Stalking;

• Reckless endangerment;

• Criminal trespass in the first degree; or

• Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence.

Sections 9.41.010(17) and 10.99.020(3) defines “family or household members” as:

• Spouses, former spouses;

• Persons who have a child in common regardless of whether they have been married or have lived together at any time;

• Adult persons related by blood or marriage;

• Adult persons who are presently residing together or who have resided together in the past;

• Persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship;

• Persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship; and

• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Washington has a statewide network that maintains flagged domestic violence misdemeanor data.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders and Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

If a protective or restraining order states 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 the health or safety of any individual, the court may:

• Require the party to surrender any firearm or other dangerous weapon;

• Require the party to surrender any concealed pistol license issued by the State of Washington;

• Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

• Prohibit the party from obtaining or possessing a concealed pistol license.

Wash. Rev. Code § 9.41.800(4).

The court may also make such an order if it finds by a preponderance of the evidence that the party used, displayed, or threatened to use a firearm or other dangerous weapon in a felony or committed any offense that renders him or her ineligible to possess a firearm under section 9.41.040. Section 9.41.800(2). If the court makes this finding upon a showing by clear and convincing evidence, then it is required to make such an order. Section 9.41.800(1). The court may order the temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds that irreparable injury could result if an order is not issued until the time for a response has elapsed. Section 9.41.800(3). These requirements may be for a period of time less than the duration of the order. Section 9.41.800(5). The court may require the party to surrender any firearm or dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to local law enforcement, his or her counsel, or to any person designated by the court. Section 9.41.800(6). These provisions apply to:

• No-contact orders issued after a conviction for harassment under section 9A.46.080;

• Anti-harassment protective order, including ex parte orders, under section 10.14.080;

• No-contact orders issued when a domestic violence defendant is released on bail or personal recognizance, under section 10.99.040;

• No-contact orders issued after a charge of domestic violence has been made under section 10.99.045;

• Restraining orders issued upon filing of a complaint for dissolution of marriage, including ex parte orders, under sections 26.09.050 and 26.09.060;

• Restraining orders issued in cases where parental rights and child support issues are adjudicated, including ex parte orders, under sections 26.10.040, 26.10.115, 26.26.130, and 26.26.590;

• Domestic violence protective order under section 26.50.060; and

• Ex parte domestic violence protective orders under section 26.50.070.

Section 9.41.800(1).

Domestic violence protective orders are available to family and household members as defined above, plus domestic partners and former domestic partners. Section 26.50.010(1), (2), 26.50.060. No relationship is necessary to obtain an anti-harassment protective order under section 10.14.080.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Washington has a statewide network that maintains restraining order data.

For general information on the background check process and categories of prohibited purchasers/possessors, see the Washington Background Checks section.

No relevant statutes currently exist.

Washington Revised Code § 7.72.030(1) provides that a product manufacturer is subject to liability if a claimant's harm was proximately caused by the negligence of the manufacturer in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not provided. Section 7.72.030(1)(a) further provides that:

A product is not reasonably safe as designed, if, at the time of manufacture, the likelihood that the product would cause the claimant's harm or similar harms, and the seriousness of those harms, outweighed the burden on the manufacturer to design a product that would have prevented those harms and the adverse effect that an alternative design that was practical and feasible would have on the usefulness of the product: PROVIDED, That a firearm or ammunition shall not be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged. [emphasis added.]

In addition, under section 9.41.0975(1), state and local governmental entities, public and private agencies, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability for:

• Failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
  
  
• Preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
  
  
• Issuing a concealed pistol license to a person ineligible for such a license;
  
  
• Failing to issue a concealed pistol license to a person eligible for such a license;
  
  
• Revoking or failing to revoke an issued concealed pistol license;
  
  
• Errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license;
  
  
• Issuing a dealer's license to a person ineligible for such a license; or
  
  
• Failing to issue a dealer's license to a person eligible for such a license.

An application may be made to a court of competent jurisdiction for a writ of mandamus that directs an issuing agency to issue a concealed pistol license that was wrongfully refused, directing that erroneous information resulting either in the refusal to issue a concealed pistol license or in the denial of a purchase application be corrected, or directing a law enforcement agency to approve an application to purchase a firearm or approve a dealer's license that was wrongfully denied. Section 9.41.0975(2). A court must provide an expedited hearing for an application brought on one of these grounds, and a person granted a writ of mandamus shall be awarded reasonable attorneys' fees and costs. Id.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

Under Washington Revised Code § 9.41.110(12), every city, town, and political subdivision of the state is prohibited from requiring the purchaser of a firearm to secure a permit to purchase, or from requiring a firearms dealer to secure an individual permit for each sale.

No relevant statutes currently exist.

State administrative regulations govern the storage of firearms in:

• Family home child care facilities (Wash. Admin. Code 170-296-0800);

• Shelters for victims of domestic violence (Wash. Admin. Code 388-61A-0125

• Adult family homes (Wash. Admin. Code 388-76-10750); and

• Foster homes (Wash. Admin. Code 388-148-0190(2)).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in Washington specifically requiring the reporting of mental health information to NICS. However, according to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), checking agencies in Washington receive Department of Social and Health Services, Mental Health Institutions, and Other Facilities (DSH) commitment data from the NICS Index Denied Persons File and are instructed to check with local mental health agencies by letter, telephone, or e-mail if necessary; criminal histories may include insanity or incompetent to stand trial dispositions.

The DSH must, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the person’s eligibility to possess a handgun or be issued a concealed pistol license under Wash. Rev. Code § 9.41.070, or to purchase a handgun under section 9.41.090. Section 9.41.097(1).

At the time a person is found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm under Washington law, or at the time a person is committed by court order making the person ineligible to possess a firearm under Washington law, the court must forward a copy of the person’s driver’s license, “identicard,” or comparable information, to the Department of Licensing (DOL), along with the date of the finding of not guilty by reason of insanity or the commitment. Section 9.41.047.

Information and records regarding involuntary commitments of the mentally ill may only be disclosed for specified purposes, including to law enforcement officers as necessary to enforce section 9.41.040 (prohibiting firearm possession by certain persons). Section 71.05.390(17). Only the fact, place and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm shall be disclosed upon request. Id. Identical provisions govern disclosure of involuntary commitments of minors. Section 71.34.340.

An application to purchase a handgun constitutes a waiver of confidentiality and written request that the DSH release information relevant to the person’s eligibility to purchase a handgun to an inquiring court or law enforcement agency. Section 9.41.094. Similarly, a signed application for a concealed pistol license constitutes a waiver of confidentiality and a written request that the DSH release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency. Section 9.41.070(4). An application for an alien firearm license also acts as a waiver of confidentiality and written request of this kind, with respect to the person’s eligibility for an alien firearm license. Section 9.41.170.

Mental health information received by the following entities may not be disclosed except as provided in section 42.56.240(4) (prohibiting public disclosure but allowing disclosure to law enforcement of concealed pistol license applications):

• The DOL directly from the committing court or a court finding a person not guilty by reason of insanity pursuant to section 9.41.047;

• The DOL pursuant to its authority to issue alien firearms licenses under section 9.41.170;

• An authority charged with issuing concealed pistol licenses pursuant to section 9.41.070;

• An authority that previously issued a concealed pistol license and receives information from the DOL that the person is no longer eligible pursuant to section 9.41.047;

• A chief of police or sheriff performing a background check prior to transfer of a handgun pursuant to section 9.41.090 or

• A chief of police or sheriff performing a background check prior to issuance of a alien firearms license pursuant to section 9.41.170; or

• A court or law enforcement agency pursuant to section 9.41.097(1) to determine the person’s eligibility to possess a handgun or be issued a concealed pistol license under section 9.41.070, or to purchase a handgun under section 9.41.090.

Section 9.41.097(2).

Dispositions are reported to the identification section of the Washington state patrol. Sections 10.97.045, 43.43.745(3). Dispositions include findings of not guilty by reason of insanity, and dismissals by reason of incompetency. Section 10.97.030(4).

For an extensive discussion of Washington’s laws regarding the reporting of mental health information for firearm transfers by Washington’s attorney general, see Rob McKenna, Attorney General of the State of Washington, White Paper: Restricting Access to Firearms by Persons with Mental Health Commitments in Washington State (Dec. 13, 2007).

Pursuant to Washington Revised Code §§ 9.41.040(2)(a)(iii) and 9.41.042, a person under the age of 18 may not own or possess a firearm, unless he or she is:

• In attendance at a hunter's safety course or a firearms safety course;
  
  
• Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
  
  
• Engaging in an organized competition involving the use of a firearm;
  
  
• Participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
  
  
• Hunting or trapping under a valid license;
  
  
• In an area where the discharge of a firearm is permitted, and the individual is not trespassing and is either:
  
  
• At least 14 years of age, having been issued a hunter safety certificate, and using a lawful firearm other than a handgun; or
  
  
• Under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
  
  
• Traveling with an unloaded firearm to or from any activity described above;
  
  
• On real property under the control of his or her parent, other relative, or legal guardian and has permission of the parent or legal guardian to possess a firearm;
  
  
• At his or her residence and, with the permission of his or her parent or legal guardian, in possession of a firearm for the purpose of lawful self-defense, defense of others, or defense of property; or
  
  
• A member of the armed forces of the United States, national guard, or organized reserves, when on duty.
  
  

Section 9.41.240 provides that, unless one of the above exceptions or an exception pursuant to sections 9.41.050 or 9.41.060 applies, persons who are at least 18 years of age, but under age 21 may possess a handgun only:

• In the person's "place of abode;"
  
  
• At the person's fixed place of business; or
  
  
• On real property under his or her control.
  
  

In addition, an applicant for a concealed pistol license must be 21 years of age or older. Section 9.41.070(1)(c).

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Washington, although federal and state purchaser prohibitions still apply (see the Washington Background Checks section). In addition, Washington Revised Code § 9.41.080 provides that no person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible to possess a firearm. Any person violating this section is criminally liable for a Class C felony, punishable by imprisonment in a state correctional institution for a maximum term of five years, by a fine of not more than $10,000, or by both the imprisonment and fine. Sections 9.41.080, 9A.20.021.

Section 19.60.020 requires that every pawnbroker and second-hand dealer doing business in Washington maintain a record of the following, at the time of each transaction:

• The signature of the person with whom the transaction is made;
  
  
• The date of the transaction;
  
  
• The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the applicable chief of police or the county's chief law enforcement officer;
  
  
• The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made;
  
  
• In the case of firearms, a complete description including the brand name, serial number, model number or name, the caliber, barrel length, type of action, and whether it is a handgun, rifle, or shotgun;
  
  
• The price paid or the amount loaned;
  
  
• The type and identifying number of identification used by the person with whom the transaction was made, which must be either a valid driver's license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which must be descriptive of the person identified; and
  
  
• The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business, the name of the person or employee conducting the transaction, and the location of the property.

This record must be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions at all times during ordinary hours of business, or at reasonable times if ordinary business hours are not kept. Section 19.60.020(2). The record must be maintained wherever that business is conducted for three years following the date of the transaction. Id.

A second-hand dealer under Washington law is any person engaged "in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, second-hand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state." Section 19.60.010(6). A second-hand dealer includes a person or entity that conducts business at flea markets or swap meets more than three times per year. Id.

Section 9A.76.140 prohibits knowingly providing a firearm to a person confined in a detention facility.

Pursuant to Washington Revised Code § 9.41.110(9)(a), firearms dealers in Washington must keep a record of every handgun sold, in a book kept for this purpose, that must be personally signed by the purchaser and the seller, each in the presence of the other. The record must contain the date of the 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 to possess a firearm. Id. One copy of the record must be sent within six hours by certified mail to the chief of police of the municipality or the sheriff of the county in which the purchaser resides. Section 9.41.110(9)(b). A second copy must be sent within seven days to the state director of licensing, while a third copy must be retained by the dealer for six years. Id.

In addition, section 19.60.020 requires every pawnbroker and second-hand dealer in the state to maintain a detailed record of all transactions. See the Washington Private/Secondary Sales section.

No relevant statutes currently exist.

Washington does not have a mandatory waiting period for firearm transfers.

However, if an applicant has an outstanding warrant for his or her arrest, the dealer must hold the delivery of the handgun until the warrant is served and satisfied by appropriate court appearance. Wash. Rev. Code § 9.41.090(3). Where local law enforcement discovers open criminal charges, pending criminal or commitment proceedings, or an arrest or outstanding warrant for an offense making a person ineligible to possess a handgun, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a handgun, the local jurisdiction may hold the sale and delivery of a handgun up to 30 days in order to confirm existing records in Washington or elsewhere. Section 9.41.090(4). After 30 days, the sale or delivery may proceed unless an extension is approved by a local district court or municipal court after a showing of good cause. Id.

State Resources

Bureau of Alcohol, Tobacco, Firearms and Explosives, Seattle Field Division (AK, HI, ID, OR, WA)

Washington State Office of the Attorney General

Washington Ceasefire

Washington State Medical Association