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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., State v. Schelin, 55 P.3d 632, 639 (Wash. 2002) (noting 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"); 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).
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.
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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) (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.
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 section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms
dealers conduct a background check on all prospective firearms
purchasers to ensure that such persons are not prohibited from
buying or possessing a firearm. This background check
requirement and the National Instant Criminal Background Check
System (“NICS”) were enacted through the Brady Handgun Violence
Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law
defines a number of classes of prohibited purchasers (including
felons, fugitives, persons adjudicated as “mental defectives”
or those committed to mental institutions), and leaves to the
states the power to determine additional classes. (For a
complete list of federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a “state point of
contact” and conducting their own background checks using NICS and state
informational records and databases, or having the checks performed by the FBI
using only NICS. Federal law does not require that private sellers
(persons other than firearms dealers) conduct background checks on prospective
purchasers.
In Washington, local law enforcement departments serve as state points of contact for implementation of the Brady Act for all dealer deliveries of handguns. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). Transfers of rifles and shotguns by licensed dealers are processed directly through the FBI. Id.
All handgun purchases must be processed
through local law enforcement agencies, which in turn use NICS
and other state and local records to verify that prospective
purchasers are not prohibited from possessing a firearm.
Id. In addition to the federal purchaser prohibitions
referenced above, Washington has adopted other classes of
prohibited persons and incorporated some of the federal
prohibitions as state offenses.
Section 9.41.040 provides that no person may own, possess, or have in his or her control any firearm, if that person:
Has been convicted of a "serious offense" (per § 9.41.010(12)), which includes any crime of violence, certain felony drug crimes, certain sex crimes, and vehicular assault or homicide (violators of this prohibition are criminally liable for unlawful possession of a firearm in the first degree while those violators listed below are guilty of unlawful possession of a firearm in the second degree); Has been convicted of any felony other than a "serious offense" or certain crimes committed against a member of his or her family or household (see § 9.41.040(2)); Has been involuntarily committed for mental health treatment; Is under 18 years of age (see the Washington Minimum Age to Purchase/Possess section for exceptions); or Is free on bond or personal recognizance pending trial, appeal, or sentencing for a "serious offense."
Washington also prohibits any person who is not a U.S. citizen from possessing a firearm without first obtaining an "alien firearm license." Section 9.41.170. Any person violating this provision 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 9.41.170, 9A.20.021.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks under Washington law, although federal and state purchaser prohibitions still apply. See the Washington Private/Secondary Sales section.
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No relevant statutes currently exist.
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Open Carrying/Exposed Firearms
Washington Revised Code § 9.41.270 makes it 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...that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons."
A violation of section 9.41.270 is a gross misdemeanor and results in the revocation of a concealed pistol license, if any. Exceptions include:
Those acting by virtue of their office or public employment who are vested by law with a duty to preserve public safety or order; Any person making or assisting in making a lawful arrest for the commission of a felony; Any person engaged in military activities; Those acting in self-defense or in defense of another; or Any act committed by a person while in his or her place of abode or fixed place of business.
Section 9.41.270(3).
Transportation of Firearms
Section 9.41.050(2)(a) prohibits the carrying of any loaded handgun in a vehicle without a concealed weapons license. In addition to obtaining such a license under section 9.41.070, a person cannot carry a loaded handgun in any vehicle unless:
The handgun is on the licensee's person; The licensee is within the vehicle at all times the handgun is present; or The licensee is away from the vehicle and the handgun is locked within the vehicle and concealed from view.
Section 9.41.050(2)(a).
An unloaded handgun kept in a vehicle must be locked within the vehicle and concealed from view. Section 9.41.050(3)(a).
Section 77.15.460 generally prohibits the possession or transportation of a loaded rifle or shotgun in or on a motor vehicle.
Concealed Weapons Licensing Requirements
Washington is a "shall-issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. Pursuant to Washington Revised Code § 9.41.070, local law enforcement shall issue a "concealed pistol license" to any applicant, unless he or she:
Is ineligible to possess a firearm under state law (see the Washington Background Checks section); Is under 21 years of age; Is subject to a court order or injunction regarding firearms pursuant to specific provisions of the Revised Code of Washington (see § 9.41.070(1)(d)); Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony; Has an outstanding warrant for his or her arrest for a felony or misdemeanor; Has been ordered to forfeit a firearm by a Washington court within the last year; Has had a concealed pistol license revoked.
A person may apply for a concealed pistol license to the municipality or county in which the applicant resides if the applicant resides in a municipality, or to the county in which the applicant resides if the applicant resides in an unincorporated area. Section 9.41.070(13). A nonresident may apply anywhere in the state. Id.
Additional application and background check requirements, as well as permit suspension, revocation, or other disqualification information, are detailed under sections 9.41.070 and 9.41.075.
The license fee is $36, plus any additional charges imposed by the FBI for processing. Section 9.41.070(5). The issuing authority must check with the National Crime Information Center, the Washington state patrol electronic database, the state department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible to possess a firearm under Washington law. Section 9.41.070(2).
The chief of police of the municipality or the sheriff of the county where an applicant resides may issue a temporary emergency license for good cause, pending review of an applicant's background for a concealed pistol license. Section 9.41.070(10). A temporary emergency license, however, does not exempt the holder from any records check requirements, and temporary emergency licenses are easily distinguishable from regular licenses. Id.
Section 9.41.050 prohibits the carrying of a concealed pistol without a license except in a person's home or business. ("Pistol" is defined as "any firearm with a barrel less than sixteen inches in length, or [that] is designed to be held and fired by the use of a single hand." Section 9.41.010(2). The definition of "pistol" therefore includes all handguns.) Notwithstanding the prohibition against carrying pistols without a license under section 9.41.050, section 9.41.060 contains exceptions for:
Law enforcement officers of Washington or "another state;" Military personnel when on duty; Employees or officers of the United States authorized to carry a concealed pistol; Anyone in the business of manufacturing, repairing or dealing in firearms, or his or her agent, if possessing, using, or carrying a handgun in the usual or ordinary course of business; Regularly enrolled members of any organization duly authorized to purchase or receive handguns from the U.S. or the State of Washington; Regularly enrolled members of target shooting clubs when those members are going to, or coming from, target practice; Regularly enrolled members of clubs organized for the purpose of antique or modern firearm collecting when those members are going to, or coming from, gun shows and exhibits; Any person legitimately engaged in a lawful outdoor recreational activity, such as hunting, fishing, or camping; Any person carrying an unloaded handgun in a closed opaque case or "secure wrapper;" or Retired or disabled law enforcement officers, provided that the disability was not because of mental or stress-related disabilities.
Carrying a concealed pistol without a license is a misdemeanor, punishable by imprisonment in the county jail for a maximum term of 90 days, or by a fine of not more than $1000, or by both such imprisonment and fine. Sections 9.41.800, 9.41.810, 9.92.030.
Disclosure or Use of Information
A copy of each license and application is delivered to the state department of licensing, which must make this information available to law enforcement and state and local corrections agencies, in an on-line format. Section 9.41.070(4).
A signed application constitutes a waiver of confidentiality and a written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency. Section 9.41.070(4). Under section 9.41.097(1), the department of social and health services, mental health institutions, and other health care facilities must supply relevant information as is necessary to determine the eligibility of a person applying for a concealed pistol license upon request of a court or law enforcement agency. Mental health information received by the department of licensing, an issuing authority or a court or law enforcement agency for the background check evaluation of an applicant for a concealed pistol license shall not be disclosed except as provided in section 42.56.240(4). Section 9.41.097(2).
Under section 9.41.129, the state department of licensing may keep copies or records of applications for concealed pistol licenses, which shall not be disclosed except as provided in section 42.56.240(4). Section 42.56.240(4) provides that license applications under section 9.41.070 are exempt from the public disclosure requirements under Washington law. Copies of concealed pistol license applications or information on the applications may be released to law enforcement or corrections agencies. Section 42.56.240(4).
Duration & Renewal
A concealed pistol license is valid for five years from the date of issue. Section 9.41.070(1). A licensee may renew a license if the licensee applies for renewal within 90 days before or after the expiration date of the license. Section 9.41.070(9). The renewal fee is $32, subject to an additional ten dollar late renewal penalty if the licensee applies to renew after the expiration date of his or her license. Section 9.41.070(6), (9).
Location Limits
Subject to limited exceptions, section 9.41.300(1)(b)-(e) prohibits all persons, including concealed pistol license holders, from possessing a firearm in:
Any area of a building 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 local judicial authority must designate and clearly mark all areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas; Restricted access areas of a public mental health facility certified by the state department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment; Any portion of an establishment classified by the state liquor control board as off-limits to persons under 21 years of age; or 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. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.
In addition, concealed pistol license holders are generally prohibited from possessing a firearm in any restricted access areas of a jail, law enforcement facility, or any place used for the confinement of a person, unless the holder obtains from the facility's administrator written permission to possess the firearm while on the premises, or checks the firearm upon entering the facility. Section 9.41.300(1)(a), (7).
Washington also prohibits any person from carrying a concealed firearm onto, or possessing a firearm on, public or private elementary or secondary school premises, school-provided transportation, or in areas of other facilities while being used exclusively by public or private schools. Section 9.41.280(1).
Any person convicted of violating this provision shall have his or her concealed pistol license revoked for a period of three years, and is prohibited from applying for a concealed pistol license for a period of three years. Section 9.41.280(2). This provision does not apply, among other exceptions, to a person who has been issued a concealed pistol license while he or she is picking up or dropping off a student. Section 9.41.280(3)(e).
Reciprocity
Section 9.41.073 provides that a person licensed to carry a handgun in a state having laws that recognize Washington concealed pistol licenses is authorized to carry a concealed handgun in Washington if: 1) the licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and 2) the licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons applying for a concealed pistol license. These provisions apply only to license holders who are not Washington residents.
Brady Exemption
Concealed weapons permit holders in Washington are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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No relevant statutes currently exist.
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No firearms dealer may transfer, expose for transfer, or have in his or her possession with intent to transfer, any firearm or ammunition without being licensed by the State of Washington. Wash. Rev. Code § 9.41.110(1)-(3). Licenses are granted by the appropriate local or state licensing authority, and no person may qualify for a license without first receiving a federal firearms license and undergoing fingerprinting and a background check. Section 9.41.110(4), (5)(a). In addition, if a person is ineligible to possess a firearm or a concealed pistol license, he or she cannot qualify for a dealer’s license. Id. (See the Washington Background Checks and Washington Carrying Firearms sections.) Pursuant to the Brady Act and section 9.41.090, licensed dealers must conduct background checks on prospective purchasers each time a dealer transfers a firearm.
Under section 9.41.090(1)(a)-(c), no dealer may deliver a handgun to a prospective purchaser until:
The purchaser produces a valid concealed pistol license, and the dealer has recorded the purchaser's name, license number, and issuing agency; The dealer is notified in writing by the chief of police or sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a handgun, and that the application is approved by the chief of police or sheriff; or Five business days have elapsed since the application for purchase was received by local law enforcement; and The handgun is securely wrapped and unloaded when delivered.
Where local law enforcement discovers open criminal charges, pending criminal or commitment proceedings, or an arrest or other outstanding warrant for an offense making a person ineligible to possess a handgun, sale and delivery of a handgun may be delayed for 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.
No handgun may be sold under any circumstances unless the purchaser is personally known to the dealer or presents clear evidence of his or her identity. Section 9.41.110(8)(a)(ii). In addition, no person may deliver a firearm to anyone whom he or she has reasonable cause to believe is ineligible to possess a firearm. Section 9.41.080. A violation of section 9.41.080 is a class C felony, and a dealer violating this section is subject to mandatory permanent revocation of and permanent ineligibility for his or her dealer's license. Sections 9.41.080, 9.41.110(8)(b).
A dealer must require that every employee who may sell a firearm in the course of his or her employment undergo fingerprinting and a background check. Section 9.41.110(5)(b). An employee also must be 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. Id. All employees must comply with state requirements concerning purchase applications and restrictions on the delivery of handguns that are applicable to dealers. Id.
Licensed dealers must also keep a record of every pistol sold in a book kept for that purpose. Section 9.41.110(9)(a). A form containing 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 of the purchaser stating that he or she is not ineligible to possess a firearm must be signed by both the purchaser and the person effecting the sale, each in the presence of the other. Id. One copy of the form must be sent within six hours by certified mail to the chief of police or sheriff of the jurisdiction in which the purchaser resides. Section 9.41.110(9)(b). An additional copy must be sent within seven days to the state director of licensing, while another copy must be retained by the dealer for six years. Id.
A dealer shall conduct business only in the building designated in the license, although the dealer may temporarily conduct business at a gun show sponsored by a national, state, or local organization or an affiliate thereof, devoted to the collection, competitive use, or other sporting use of firearms in the community. Section 9.41.110(6).
The fee for a license to sell handguns is $125, as is the fee for a license to sell long-guns and the fee for a license to sell ammunition. Section 9.41.110(8)(c). The maximum duration for a dealer license is one year. Section 9.41.110(4).
For laws applicable to both licensed and private firearm sellers, including special provisions for pawnbrokers and second-hand dealers, please see the Washington Private/Secondary Sales section.
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No relevant statutes currently exist.
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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.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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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.
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No relevant statutes currently exist.
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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).
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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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.
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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.
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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.
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