Code § 9.41.050(2)(a). A health care authority, mental health institution, and other health care facilities must, upon request of a court, a law enforcement agency, or the state, “supply such relevant information as is necessary to determine the eligibility of a person to possess a firearm or to be issued a concealed pistol license.” Wash. Rev. A business selling firearms cannot be treated more restrictively than other businesses located within the same zone, although the local government may limit the locations 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. There is a general exemption from this law for peace officers and members of the military when on duty or traveling to or from official duty; and any person exempt from or licensed under federal law and engaged in the production, manufacture, repair, or testing of machine guns for use by the armed forces, law enforcement or for lawful export. Code § 9.41.060(7). The case is Watson v. Seattle, 189 Wash.2d 149 (Wash. 2017), at http://www.courts.wa.gov/opinions/pdf/937231.pdf. However, it appears firearms (open or concealed carry) and other weapons are prohibited in the Senate Gallery (see Gallery Rules, http://leg.wa.gov/Senate/Documents/Gallery%20Rules_Senate.pdf), and the House Gallery rules prohibit open-carry firearms (see House Rules at http://leg.wa.gov/House/Documents/HouseGalleryRules.pdf). Wash. Rev. It is an affirmative defense to a prosecution (not an exception) that a machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law. I used to be a Washington State Resident. temporary transfers intended to prevent suicide or self-inflicted great bodily harm where the recipient does not use the firearm for any purpose and the transfer lasts only as long as “reasonably necessary to prevent death or great bodily harm, temporary transfers “under circumstances in which the transferee and the firearm remain in the presence of the transferor,” and. ); Individuals convicted of a felony under the Uniform Controlled Substances Act (or equivalent); Individuals convicted three times within five years of driving under the influence; and. § 923(a). It is a crime to carry a firearm onto, or to possess a firearm on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools. Buyer: 18 years or older, no limit to number of firearms purchased at one time, no waiting period Concealed Carry: 18+ with concealed handgun licenses only available to Alabama residents, no firearm safety course required, license valid for five years Open Carry: Allowed without permit, some handgun restrictions Campus Carry: Allowed in some areas Dealers:Must have a state license and license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), must keep record of firearm sales Assault We… restrict the zones in their respective jurisdictions in which firearms may be sold. Because Washington has strict gun laws, there are harsh penalties that can apply to violations. Code § 9.41.360(1)(b). While the federal government has some limited regulations on firearms, gun control laws are primarily a state law issue. The person may bring legal proceedings to petition the court under Wash. Rev. The Department must verify that these licensees are properly licensed by the State of Washington, and that they are registered with the state Department of Revenue. Code § 9.41.010(28) – generally violent felony crimes; any felony with a deadly weapon verdict; any felony violation of the uniform controlled substances act, vehicular assault, incest, drive-by shooting, and others. Washington State’s reciprocity law requires that, in order to be recognized by Washington State, the other jurisdiction’s licenses cannot be issued to persons under 21 years old, and that the issuing state must require mandatory fingerprint-based background checks of criminal and mental health history for all applicants for a concealed carry license. A voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Concealed carry permits are issued to residents and non-residents by the local sheriff or Police Department. Washington State’s Supreme Court has upheld the City of Seattle’s gun tax on firearms and ammunition sales, adopted in 2015. If they’r… Last week, the House Civil Rights and Judiciary Committee considered House Bill 1283. Firefox, or For long gun purchases like rifles and shotguns,Â, Stay up-to-date with how the law affects your life, Name Wash. Rev. Code §§ 70.74.330, 70.74.010(28) (definition). Wash. Rev. the restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of arrestees; posted areas in any 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. A person aged at least 18 but under 21 may possess a handgun in the person’s “place of abode,” the person’s fixed place of business, or on real property under his or her control, unless an additional exception under Wash. Rev. If you want to purchase handguns, there is a ten-day waiting period, up to 60 days for non-residents. On Jan. 1, the new law made it illegal for a person younger than 21 years old to buy a semi-automatic assault rifle in Washington state, among other provisions. I now live in north Dakota, I was thinking of moving back home to Washington, BUT! Washington State includes, in the definition of “conviction,” an adjudication in a juvenile court, and a dismissal entered after a period of probation, suspension, or deferral of sentence. Eligible felony offenders must wait five years before applying, during which time they cannot have been convicted/found not guilty by reason of insanity or currently charged with any new felony, gross misdemeanor, or misdemeanor crime. 1639), by July 1, 2020 the Department of Licensing and state and local law enforcement agencies must “develop a cost-effective and efficient process” to “verify, on an annual or more frequent basis,” that persons who acquired handguns or “semiautomatic assault rifles” remain eligible to possess a firearm under state and federal law. Be 21 years of age or older at time of application. Wash. Rev. (RCW 9.41.090). The state background check law, Wash. Rev. Michigan recognizes Washington’s RESIDENT permit only. Code § 9.41.139. Code § 9.94.043 makes it a crime to knowingly bring a firearm onto the premises of a state correctional institution (the buildings or adjacent grounds) where those have been posted with notices regarding the weapons ban. Firearm dealers when selling or transferring any firearm, must offer to sell or give the purchaser or transferee a secure gun storage device, or a trigger lock or similar device. Hawaii and Washington are the only two states without a range protection law. Wash. Rev. Code § 70.108.150 makes it a crime for any person except a law enforcement officer to carry, transport, or convey, or to have in his or her possession or under his or her control, any firearm while on the site of an outdoor music festival. The application to purchase “shall not be denied unless the purchaser is not eligible to purchase or possess the firearm under state or federal law.” Wash. Rev. | Last updated February 10, 2021. The Department of Licensing must keep copies or records of applications for concealed pistol licenses and must make information received as part of an application available (in an online format) to law enforcement and corrections agencies. Wash. Rev. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. 1639), as of 2019 new restrictions apply to the sale, transfer and possession of so-called “semiautomatic assault rifles.” A “semiautomatic assault rifle” means “any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge,” but excluding an antique firearm, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action. Code § 9.41.350. The “community endangerment” crimes do not apply if (1) the gun was in secure gun storage or secured with a trigger lock or similar device, or (2) the prohibited person obtains or uses the firearm in a lawful act of self-defense, or (3) obtains the gun through an act of unlawful entry (but this exception applies only if the unauthorized access or gun theft is reported to local law enforcement within five days of the time the access or theft occurred or the custodian of the gun should have realized it occurred), or (4) the “prohibited person” is a minor prohibited due to age but access to the firearm occurs with the lawful permission of a parent or guardian and the minor supervised by an adult, or the minor is under 18 and the possession is compliant with the activities listed in Wash. Rev. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. It is a felony to manufacture an “untraceable firearm” with the intent to sell it. Code § 9.41.070(2), (4). Code § 9.41.122. In some cases, a person may be able to carry a concealed weapon. A person who has been convicted/found not guilty by reason of insanity is subject to special rules. We recommend using Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile. In addition, the prohibitions on short-barreled rifles and parts do not apply to a person in compliance with applicable federal law. Code §§ 9.41.190(1); 9.41.010(35) (definition). The “machine gun” prohibition does not apply to peace officers and members of the military when on duty or traveling to or from official duty; and any person exempt from or licensed under federal law and engaged in the production, manufacture, repair, or testing of machine guns for use by the armed forces, law enforcement or for lawful export. II. Code § 9.41.360(1)(a). Code § 9.41.040(4). A “bump-fire stock” means “a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.” Wash. Rev. Wash. Rev. Wash. Rev. Are you a legal professional? Code § 9.41.171. Code §§ 70.74.350, 70.74.010(29) (definition); and black powder used in muzzle loading firearms and smokeless propellants; §§ 70.74.340, and 70.74.010(13) and (30) (definitions of handloader components and “smokeless powder”). The dealer must, by the end of the business day, sign and attach his or her address and deliver a copy of the application form to the chief of police or the sheriff in the jurisdiction where the buyer is a resident. If the purchase or transfer 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. Wash. Rev. Code §§ 9.41.113(1)-(3), 9.41.010(25). State law requires that private sales and “transfers” of firearms (those that don’t involve a federally licensed dealer as a party to the transaction) be “completed” through a licensed dealer. Code §§ 9.41.070(5), (9)(a), (14), (15). State law makes it a felony to make, repair, own, buy, sell, loan, furnish, transport, or have in possession or under a person’s control any bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle,” or any part designed and intended solely and exclusively for use in a bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or used to convert a weapon into a short-barreled shotgun, or short-barreled rifle. A signed application is a waiver of confidentiality and constitutes a written request that health care authorities, 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. Wash. Rev. Code § 9.41.040(3). “Gun-free Zone” signs must be posted around school facilities giving warning of the prohibition. Other offenses where a conviction or being found not guilty by reason of insanity result in a loss of firearm rights include certain domestic violence offenses (harassment after June 7, 2018; and any of the following after July 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 or excluding the person from a residence); see Wash. Rev. 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. Code § 9.41.060. As a sentence condition and requirement, offenders under the supervision of the department of corrections are prohibited from owning, using, or possessing firearms or ammunition. Washington State residents may purchase rifles and shotguns in a state other than Washington but when any part of the transaction takes place in Washington, “including, but not limited to, internet sales,” residents are subject to the procedures and background checks mandated by state law. Wash. Rev. Code §§ 9.41.070(4), 9.41.129. Code § 9.41.270(3). Code § 9.41.010(27). Wash. Rev. This ban does not apply to (1) “family day care provider homes” as defined in Wash. Rev. It has no laws regulating sales or purchases of multiple guns, or regulating gun shows. Based on Wash. Rev. A separate law, Wash. Rev. Wash. Rev. Code § 9.41.040(3). Wash. Rev. The fee for an original license is $36, plus additional FBI charges. These 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. Local law enforcement may place the handgun purchase “on hold” for an initial period of up to 30 days if the buyer is subject to open criminal charges or pending criminal proceedings, pending commitment proceedings, or an outstanding warrant. Code §§ 9.41.070(4), 9.41.097(1). Code § 9.41.075(1) – for example, where the license was granted to an ineligible person, or the person has since had a conviction or commitment making the licensee ineligible to possess a firearm. Washington: Your Action Needed - Senate Approves Carry Ban – Contact Your Representative! STATE CONSTITUTIONAL PROVISION - Article 1, Section 24. Wash. Admin. This includes air guns and stun guns. If such persons are determined to be ineligible for any reason, the chief of police or the sheriff of the jurisdiction in which the person resides is notified and must “take steps to ensure such persons are not illegally in possession of firearms.” Wash. Rev. Code §§ 71.05.150 or 71.05.153), or because the person's charges were dismissed in Washington State based on incompetency to stand trial and the court made a finding that the person has a history of one or more violent acts, may, upon discharge, petition the superior court to have his or her firearm rights restored. Under a law enacted by initiative in 2019 (Initiative Measure No. At least once every 12 months, the state Department of Licensing must obtain, from the ATF, a list of dealers licensed under federal law with business premises in the state of Washington. Code § 9.41.135. The fee is supposed to be no more than needed to cover the costs of local law enforcement and health care institutions’ state-mandated costs resulting from the reporting requirements imposed by the purchase and transfer law. Code § 9.41.070(10). The answers were fairly consistent across the board, and compliant with Washington firearm laws. Wash. Rev. The bill, however, was not enacted. The new background check system would be operated by the Washington State Patrol and include a fee for each background check. RECIPROCITY NOTES: Washington’s reciprocity law requires that the other state not issue licenses to persons under the age of 21. For handguns, Washington State law dictates that we can only sell to a Washington resident with a valid Washington driver’s license or Washington ID. For short-barreled shotguns, there is no similar exemption but it is an affirmative defense to a prosecution that the short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law. Initiative 1639 requires secure gun storage and enhanced background checks. There are exceptions; these include: (1) any person 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; (2) a person participating in a firearms or air gun competition approved by the school or school district; (3) a person in possession of a handgun and a valid Washington State carry license (or is exempt from the carry licensing requirement by Wash. Rev. A person with a valid Washington carry license may carry in a restricted access area of a jail or law enforcement facility provided he or she has prior written permission to possess the firearm from the facility administrator. Copyright © 2021, Thomson Reuters. “RCW 9.41.290 does not expressly or impliedly preempt taxation.”. If you do not have a Washington driver's license or identification card, it can take up to 60 days. Code § 9.41.092 (successful background check or ten business days have elapsed since the date of the application to purchase or, in the case of a transfer, ten days have elapsed since the NICS check was initiated). A dealer may not deliver a “semiautomatic assault rifle” to a buyer unless the buyer provides proof that he or she has completed a recognized firearm safety training program within the last five years that includes instruction on: basic firearms safety rules, firearms and children; firearms and suicide prevention; secure gun storage; safe handling of firearms; and firearm laws, including prohibited firearm transfers. Both these crimes apply to a broader class than just the gun owner: the law refers to “a person” who stores or leaves a gun in violation of this section. It is unlawful to carry, exhibit, display, or draw any firearm “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.” This does not apply to law enforcement; any act committed by a person while in his or her place of abode or fixed place of business; a person acting for the purpose of protecting self or another against the use of presently threatened unlawful force; or a person engaged in military activities sponsored by the federal or state governments. It is a felony for a person to “deliver a firearm” to anyone the person has reasonable cause to believe is prohibited by state law from possessing a firearm, or has signed a valid voluntary waiver of firearm rights that has not been revoked. The private sale and transfer law applies to sales and “transfers” when any part of the transaction takes place in Washington State. Code § 9.41.0003. Wash. Rev. Because of the state background check requirement for private sales and transfers (that such transactions must be made through a licensed dealer in almost all cases, as if the dealer was selling the firearm out of its own inventory), this means that records of private transfers are also provided to law enforcement. Code § 9.91.160(2), states that no town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person 18 years old or older (or a person 14 years old or older who has the permission of a parent or guardian to do so) from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under state law. Code §§ 9.41.042 (1) through (9), and 9.41.060 (1) through (10), apply (incl.
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