Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Washinton - Wash. Const. Art. I, § 24
" "The right of the individual citizen to bear arms in defense of himself,
or the state, shall not be impaired."
Washington's firearm law history has been marked by a series of legislative changes and legal cases that reflect the state's evolving stance on gun rights. In 1961, Washington enacted its first major gun control law, requiring background checks for certain firearm purchases. However, the state's approach shifted in the 2000s, with initiatives like I-1639 in 2018, which aimed to impose additional regulations on gun ownership, sparking significant public debate. The landmark case Laws v. Wash. State (2019) reaffirmed the rights of individuals under the Second Amendment, emphasizing the importance of lawful firearm ownership. Moreover, Washington has a rich tradition of hunting and outdoor activities, which continues to influence discussions around firearm rights. Overall, the state's legal landscape reflects a balance between public safety concerns and the preservation of individual rights, contributing to an ongoing dialogue about responsible gun ownership.
Permit Eligibility, Training and Application Process
Washington's history of concealed pistol licensing has seen significant developments since the establishment of its first law in 1961, which allowed for the issuance of concealed carry licenses. In 2001, the state enacted a law that streamlined the application process, requiring applicants to undergo a background check and demonstrate competency in firearm safety. This change aimed to balance the rights of individuals to carry concealed firearms with public safety considerations. In 2014, the Washington State Supreme Court upheld the right of citizens to openly carry firearms, reinforcing the broader context of gun rights in the state. More recently, legislation in 2019 aimed to enhance background checks and address gun violence, reflecting ongoing discussions about the regulation of concealed carry. Throughout these changes, Washington's concealed pistol licensing system has evolved to reflect the state's complex interplay of individual rights and public safety.
Washington Permit Eligibility
You must be 21 years old to get a CPL.
You are required to have a CPL if you:
- Carry a pistol concealed on your person.
- Have a loaded pistol in your vehicle.
You won’t qualify for a CPL if you:
- Have a revoked concealed pistol license.
- Are subject to a court order or injunction concerning the possession of firearms.
- Are free on bond or personal recognizance while awaiting trial, appeal, or sentencing for a felony offense.
- Have an outstanding warrant for your arrest for a felony or misdemeanor.
- Were ordered to forfeit a firearm within the last 12 months.
- Were convicted of a felony. To restore your rights, contact the courts where your conviction is or the superior court where you live.
Wash. Rev. Code § 9.41.070
WA Permit Application Process
- Call or check the website of your local LEA and verify you live in their jurisdiction. If so, ask for a Concealed Pistol License Application.
- You will need a valid state driver license or ID.
- If you are a permanent resident alien, bring your permanent resident card.
- If you have an alien firearms license, bring your original passport and US‑issued alien number or admission number.
- If applicable, bring your original certificate of rehabilitation or firearms restoration orders.
- Pay licensing fees with cash or check/money order payable to the law enforcement agency.
- LEA will complete the fingerprints and a background check.
Application fee: $36, plus fingerprinting fees
Renewal fee: $32
Wash. Rev. Code § 9.41.070 (13)
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.Â
Washington is not a permitless-carry state.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.Â
Washington law:
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.
Wash. Rev. Code § 9.41.300
Cities, towns, counties, and other municipalities may enact laws and ordinances:
- Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
- Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
- Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
- Any showing, demonstration, or lecture involving the exhibition of firearms.
Wash. Rev. Code § 9.41.290
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).Â
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law. Â
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.Â
Washington HB 1143
HB 1143 establishes a mandatory firearm safety training program, background check and 10 day waiting period requirement for anyone in Washington that desires to purchase a firearm.
A person applying for the purchase or transfer of a firearm must provide proof of completion of a recognized firearms safety training program within the last five years that, at a minimum, includes instruction on:
- Basic firearms safety rules;
- Firearms and children, including secure gun storage and talking to children about gun safety;
- Firearms and suicide prevention;
- Secure gun storage to prevent unauthorized access and use;
- Safe handling of firearms;
- State and federal firearms laws, including prohibited firearms transfers and locations where firearms are prohibited;
- State laws pertaining to the use of deadly force for self-defense; and
- Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
The training must be sponsored by a federal, state, county, or municipal law enforcement agency, a college or university, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The proof of training shall be in the form of a certification that states under the penalty of perjury that the training included the minimum requirements.
Wash. Rev. Code Ann. § 9.41.090
Private-Party Firearm Transfers
No person shall sell or transfer a firearm unless:
- The person is a licensed dealer;
- The purchaser or transferee is a licensed dealer; or
- The requirements of subsection (3) of this section are met.
Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:
- The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.
- Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements, fulfilling all federal and state recordkeeping requirements, and complying with the specific requirements and restrictions on semiautomatic assault rifles in chapter 3, Laws of 2019.
- The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
- If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
- The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.
Wash. Rev. Code § 9.41.113
Private-Party Transfer Exceptions
This section does not apply to:
- A transfer between immediate family members,
- The sale or transfer of an antique firearm;
- A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
- The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
- The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
- A temporary transfer of possession of a firearm if:
- The transfer is intended to prevent suicide or self-inflicted great bodily harm;
- the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and
- the firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;
- Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
- A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
- The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under 18 years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; (v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or (vi) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
- A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding 60 days.
- A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic; or
- -
- A transfer, loan, gift, or bequest to a museum or historical society, or the return of loaned firearm(s) to its lender from a museum or historical society, and museum personnel while acting in the scope of their official duties, provided, however, that before returning a loaned firearm to its lender, a museum or historical society or personnel of the museum or historical society must comply with the requirements of subsection (3) of this section.
Wash. Rev. Code § 9.41.113
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds. Â
Washington law:
- No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.
- Subsection (1) of this section does not apply to any of the following:
- The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state.
- A person who violates this section is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
A large capacity magazine is a magazine capable of holding more than 10 rounds of ammunition.
Wash. Rev. Code § 9.41.370
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.Â
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas. Â
Washington Prohibited Areas
- The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person. (Wash. Rev. Code § 9.41.300)
- Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. (Wash. Rev. Code § 9.41.300)
- The restricted access areas of a public mental health facility licensed or certified by the department of health for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. (Wash. Rev. Code § 9.41.300)
- That portion of an establishment classified by the state liquor and cannabis board as off-limits to persons under 21 years of age. (Wash. Rev. Code § 9.41.300)
- The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. (Wash. Rev. Code § 9.41.300)
- Outdoor music Festivals (Wash. Rev. Code § 70.108.150)
- All facilities owned, leased, or operated by the office of administrative hearings and in rooms where the office of administrative hearings is conducting an administrative hearing. (Wash. Admin. Code § 10-20-010 (1))
- Licensed child care premises. (Wash. Rev. Code § 9.41.282)
- A ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office, or areas of facilities while being used as a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office. (Wash. Rev. Code § 9.41.284)
- Washington State Administrative Rules prohibit firearms in at least the following locations: Racing grounds (Wash. Admin. Code § 260-20-075), colleges or universities (Wash. Admin. Code § 132F-136-030)
Schools & School Events
It is unlawful for a person to knowingly carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, areas of facilities while being used exclusively by public or private schools, or areas of facilities while being used for official meetings of a school district board of directors:
- Any firearm;
- Any other dangerous weapon as defined in RCW 9.41.250;
- Any device commonly known as "nun-chu-ka [nunchaku] sticks," consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
- Any device, commonly known as "throwing stars," which are multipointed, metal objects designed to embed upon impact from any aspect;
- Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
- -
- Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
- Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
These restrictions do not apply to:
- Any student or employee of a private military academy when on the property of the academy;
- Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
- Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
- Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
- Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while:
- Picking up or dropping off a student; or
- Attending official meetings of a school district board of directors held off school district-owned or leased property;
- Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
- Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
- Any law enforcement officer of the federal, state, or local government agency.
Wash. Rev. Code § 9.41.280
College Facilities
No person or group may use or enter onto college facilities having in their possession weapons or firearms, even if licensed to do so, except commissioned police officers or legally authorized military personnel while in performance of their duties.
- Any individual, including those visiting or conducting business on any of the Seattle Colleges campuses, found in possession of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm, on or about the property of the Seattle Colleges knowingly, or found in possession of a weapon or firearm under circumstances in which the individual should have known that he or she was in possession of a weapon or firearm, may be banned from the colleges for such time and extent as Seattle Colleges determines appropriate. Individuals will be directed and required to remove their weapons or themselves from Seattle Colleges property or premises, with all appropriate legal actions (including arrest) being taken upon failure to comply.
- Individuals with a valid Washington state concealed weapons permit must keep any firearm in his or her vehicle locked and concealed from view while parked on campus in accordance with RCW 9.41.050.
- The president or his/her designee may grant permission to bring a weapon on campus upon a determination that the weapon is necessary for safety and security purposes. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission.
- Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited.
Wash. Admin. Code § 132F-136-030
Washington Voting Locations
Wash. Rev. Code Ann. § 9.41.284 makes it unlawful for a person to knowingly carry onto, or to possess in, a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office, or areas of facilities while being used as a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office any firearm.
However, the law does not prohibit concealed carry of a pistol, by a person licensed to carry a concealed pistol, in any voting center, student engagement hub, county elections and voter registration office, or areas of facilities while being used as a voting center, student engagement hub, or county elections and voter registration office. However, no weapon restricted by this section, whether concealed or openly carried, may be possessed in any ballot counting center or areas of facilities while being used as a ballot counting center.
Wash. Rev. Code Ann. § 9.41.284
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others. Â
Open Carry Restrictions
The state of Washington allows a person to open carry without a license. However…
- Except as provided in (c) of this subsection, it is unlawful for any person to knowingly open carry a firearm or other weapon while knowingly at any permitted demonstration. This subsection (2)(a) applies whether the person carries the firearm or other weapon on his or her person or in a vehicle.
- It is unlawful for any person to knowingly open carry a firearm or other weapon while knowingly within 250 feet of the perimeter of a permitted demonstration after a duly authorized state or local law enforcement officer advises the person of the permitted demonstration and directs the person to leave until he or she no longer possesses or controls the firearm or other weapon. This subsection (2)(b) does not apply to any person possessing or controlling any firearm or other weapon on private property owned or leased by that person.
- Nothing in this subsection applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.
Wash. Rev. Code § 9.41.300 (2)
- Unless exempt under subsection (3) of this section, it is unlawful for any person to knowingly open carry a firearm or other weapon, as defined in RCW 9.41.300(1)(b), while knowingly being in the following locations:
- The west state capitol campus grounds; any buildings on the state capitol grounds; any state legislative office; or any location of a public state legislative hearing or meeting during the hearing or meeting; or
- City, town, county, or other municipality buildings used in connection with meetings of the governing body of the city, town, county, or other municipality, or any location of a public meeting or hearing of the governing body of a city, town, county, or other municipality during the hearing or meeting.
- Nothing in this section applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.
- A city, town, county, or other municipality must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at any locations specified in subsection (1)(b) of this section.
Wash. Rev. Code § 9.41.305 (1), (5), and (6)
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing. Â
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.Â
In Washington, no-weapons signs do not have the force of law.
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed. Â
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”  Â
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)Â
Washington law does not address the topic of carrying a firearm while under the influence of alcohol. However, carrying a firearm under the influence of alcohol poses a significant danger to both the individual carrying the firearm and to others in their vicinity by impairing:
- Judgment
- Motor Skills
- Inhibitions
- Risk Assessment
It is extremely important for firearm owners to understand and adhere to the responsibility that comes with firearm ownership, including abstaining from alcohol consumption while in possession of a firearm.
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database. Â
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle. Â
Washington law:
A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and:
- The pistol is on the licensee's person,
- the licensee is within the vehicle at all times that the pistol is there, or
- the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
A violation of this subsection is a misdemeanor.
A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
A violation of this subsection is a misdemeanor.
Wash. Rev. Code § 9.41.050 (2) and (3)
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors. Â
Washington law:
Unsafe Storage of a Firearm
- A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm:
- Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or
- Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and:
- Causes the firearm to discharge;
- Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or
- Uses the firearm in the commission of a crime
- Subsection (1) of this section does not apply if:
- The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm;
- In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;
- The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or
- The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken.
- If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.
- For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.
- Nothing in this section mandates how or where a firearm must be stored.
Wash. Rev. Code § 9.41.360
Other Weapons Restrictions
HB 1240 “Assault Weapon” Ban
- A comprehensive ban on the future transferring, importing, and manufacturing of many semi-automatic firearms.
- It bans enumerated firearm models on a list that includes shotguns, handguns and rifles. The ban includes semi-automatic rifles with an overall length of less than 30 inches, semi automatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more proscribed features. The ban further includes semiautomatic pistols which have the capacity to accept a detachable magazine and has one or more proscribed features, and semi-automatic shotguns which have one or more proscribed features, that exist on modern designs for making firearms more user-friendly, such as telescoping stocks meant to adjust the length of pull for users of different statures or wearing different clothing, muzzle brakes meant to reduce recoil, grips conducive to the natural angles of human wrists, and suppressors for hearing protection.
- The bill also bans spare parts and “combination[s] of parts” that can be used to assemble banned firearms, but on their own are simply pieces of plastic or metal.
Wash. Rev. Code § 9.41.010
Large Capacity Magazines
- No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.
- Subsection (1) of this section does not apply to any of the following:
- The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state.
- A person who violates this section is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
A large capacity magazine is a magazine capable of holding more than 10 rounds of ammunition.
Wash. Rev. Code § 9.41.370
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.Â
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.Â
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.  Â
Washington is a quasi-duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.
Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.
Wash. Rev. Code § 9.41.050 (1) (b)
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Washington does not have Emergency Risk Orders ("Red Flag Laws).
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws. Â
Washington law:
Washington Use of Force Law
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
- Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
- Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
- Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
- Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
- Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
- Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
Wash. Rev. Code § 9A.16.020
Homicide – When Justifiable
Homicide is justifiable when committed:
- In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished.
Wash. Rev. Code § 9A.16.050 (1)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state. Â
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.  Â
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.Â
Washington Home Defense Law
Homicide is also justifiable when committed:
- In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
Wash. Rev. Code § 9A.16.050 (2)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
A defendant may use necessary force against a malicious trespass or other malicious interference with real or personal property lawfully in that person's possession even though the defendant does not reasonably believe that he is about to be injured. (See State v. Bland)
State v. Bland
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Washington does not have any laws specifically related to self-defense immunity.
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.Â
Washington law:
Although there is no statute on point, the Washington common law supports the circuit majority opinion that there is no duty to retreat from an unlawful threat so long as the actor is free from contributory guilt. (State v. Prado)
Jury instruction No. 22:
It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that he is being attacked to stand his ground and defend against such attack by use of lawful force. The law does not impose a duty to retreat.
State v. Prado (2008)
Self-Defense Limitations
COMING SOON!
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
A person may kill a wild animal if it is attacking them or another person. A person may also kill game animals posing an immediate threat of physical harm to themselves or another person. The conditions for killing wildlife to protect property vary, based primarily on the classification of the wildlife species, the imminent nature of the threat of damage to private property, the type of private property damage, and the preventive and nonlethal methods employed by that person prior to the damaging event. It is unlawful to kill protected wildlife or endangered species (as defined in Wash. Rev. Code 77.08.010) unless authorized by commission rule or a permit. It is permissible to kill unclassified wildlife, predatory birds, and game animals that are in the act of damaging commercial crops or attacking livestock or other domestic animals if a number of specific conditions are met.
Wash. Admin. Code § 220-440-060
Special Notes
Wash. Rev. Code § 9.41.050 (1) (a)
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
- In the person's place of abode;
- At the person's fixed place of business; or
- On real property under his or her control.
Wash. Rev. Code § 9.41.240
Other Washington Laws to Know
- No loaded gun while on a snowmobile. RCW 46.10.495
- Must have permission from tribal judge to carry on tribal property.
- HB 1465:Â background check for CCW license holders for every handgun purchase
- HB 1739: "ghost gun" law, defines “untraceable” and “undetectable” firearms. Prohibits the possession of undetectable firearms and manufacturing untraceable firearms with the intent to sell.
- HB 1786: police may confiscate guns when serving a restraining or protective order
- SB 5181: lose gun rights if detained for 72 hours for mental health evaluation and treatment
- SB 5205: if deemed incompetent to stand trial, court will determine if you retain your firearm rights or not
Cases to Watch
COMING SOON!