WA: State Firearms Laws

WASHINGTON STATE
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO*
Registration of Firearm  NO             NO*
Licensing of Owner       NO             NO
Permit to Carry          NO             YES*

*Police recordation is made of purchases from dealers.


STATE CONSTITUTIONAL PROVISION

"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." Article 1, Section 24.

POSSESSION

     There are no state licensing requirements for the possession
of rifles, shotguns or handguns.
     It is unlawful to own, possess or have in control any
firearm by a person convicted, or as a juvenile adjudicated, of a
felony, serious offense, domestic violence offense, harassment
offense, third offense within 5 years of operating a vehicle or
vessel while intoxicated, acquitted of a crime by reason of
insanity, or who has ever been committed by a court due to mental
illness.

PURCHASE

     There are no state licensing requirements for the purchase
of rifles or shotguns.
     A commercial firearms dealer may not deliver a pistol to a
purchaser who is prevented from possessing a pistol (see
POSSESSION section), or who is under 21 or to one who he has
reasonable cause to believe is a drug addict, habitual drunkard,
or of unsound mind.
     The purchaser must sign in triplicate and deliver to the
dealer an application containing his or her full name, street
address, date and place of birth, race, and gender, date and hour
of application, driver's or state identification number; and a
description of the pistol including the make, model, caliber and
manufacturer's number; and a statement that the purchaser is
eligible to possess a pistol.
     The dealer shall deliver the pistol to the purchaser
following the elapse of 5 business days from the receipt of the
application for purchase.  This period shall be 60 days if the
purchaser lacks a Washington driver's license or state
identification card or has not been a resident of the state for
the previous consecutive 90 days.  There is no waiting period
where the applicant has a valid license to carry a pistol
concealed.  The dealer shall not deliver the pistol if he is
notified in writing by the police chief or sheriff denying the
purchaser's application to purchase and the reasons for the
denial.
     The police chief or sheriff may obtain a 30 days extension
of the waiting period if reasonable grounds exist based on the
presence of open or pending criminal charges, outstanding felony
warrant, record of arrest lacking a deposition of the charges
which may cast doubt on the applicant's right to possess a
pistol, or pending mental commitment proceedings.  A court may
extend this 30 days extension further for good cause shown.
     The application "shall not be denied" unless the applicant
is ineligible to possess a pistol (See POSSESSION section).
     Any person whose application is denied may appeal the
decision to the legislative body of his town or county.  The
review shall be held within 15 days of the denial, and the police
officer who recommended the denial must appear.  The legislative
body is authorized to hear evidence and may reverse the police
decision if the evidence doesn't sustain his denial .
     If the legislative body supports the denial, the applicant
may appeal the decision to the superior court of the county for
judicial review.
     No person shall deliver a pistol to any person under 18 or
to one who he has reasonable cause to believe has been convicted
of a felony, or who is a drug addict, an habitual drunkard, or of
unsound mind.
     The state of Washington preempts all cities, towns and other
political subdivisions from requiring a purchaser to have a
permit to purchase or from requiring a dealer to secure a permit
from each sale.

CARRY

     A person shall not carry a pistol concealed on his person
without a license to carry a concealed weapon.  A person may
carry concealed without a license in his place of abode or fixed
place of business.  A person may carry unconcealed an unloaded
pistol in a vehicle without a license.
     A person who is in possession of an unloaded pistol shall
not leave it in a vehicle unless the unloaded pistol is locked
within the vehicle and concealed from view from outside the
vehicle.
     A person shall not carry or place a loaded pistol in any
vehicle unless he has a license to carry a concealed weapon and
(1) the pistol is on his person, or (2) the person with the
concealed carrying license is within the vehicle at all times
that the pistol is there, or (3) the person with the concealed
carrying license is away from the vehicle and the pistol is
locked within the vehicle and concealed from view from outside
the vehicle.
     The prohibition against carrying concealed without a license
does not apply to (1 ) law enforcement personnel and prison or
jail wardens or their deputies; (2) military personnel when on
duty; (3) regularly enrolled members of any organization
authorized to purchase or receive pistols from the U.S.  and
regularly enrolled members of target shooting or collectors'
clubs and individual hunters, provided such persons are at or
going to or from such activities or are on a hunting, camping or
fishing trip; (4) gun dealers in the usual or ordinary course of
their business; (5) carrying unloaded and in a closed opaque case
or secure wrapper from place of purchase or repair to or from
one's home or place of business, or in moving from one place of
abode or business to another.
     It is unlawful to carry a firearm unless it is unloaded and
enclosed in an opaque case or secure wrapper. This prohibition
does not apply to a person with a license to carry a pistol;
target shooting, hunting, safety instruction, or traveling with
an unloaded firearm to and from such activity; traveling in a
motor vehicle with a firearm, other than a pistol, unloaded in
the vehicle's trunk, other compartment, or secured in a gun rack,
or otherwise secured in place; carrying a firearm to or from a
vehicle to or from a place of business for repair; at a person's
residence or on real property under the person's or relative's
control.
     Application for a license to carry a pistol concealed on the
person for protection, business, sport or travel may be made to a
judge of a court of record, police chief, or sheriff, or anywhere
in the state for a non-resident.  This official shall issue the
license within 30 days of application.  The license shall be
issued within 60 days if the applicant lacks a Washington
identification card or driver's license or has not been a
resident of Washington for the previous consecutive 90 days.  
The issuing authority shall not refuse to accept completed
applications for concealed pistol licenses during regular
business hours.  The right to have the license "shall not be
denied" unless:

     1.   the applicant is ineligible to own a pistol (See
POSSESSION section).
     2.   is under 21 years of age.
     3.   if free on bond or personal recognizance pending trial,
appeal, or sentencing for a felony.
     4.   has an outstanding arrest warrant for a felony or
misdemeanor.
     5.   is subject to a restraining order or domestic violence
action requiring the surrender of a deadly weapon.

     The applicant must submit to fingerprinting.  The license is
valid for four years.  The fee for an original license is $50.00. 
The renewal fee is $50.00.  "[N]o other additional charges by any
branch or unit of government shall be borne by the applicant for
the issuance of the license." A political subdivision shall not
modify these requirements.  The prevailing party in a civil suit
to enjoin a wrongful refusal to issue a license is entitled to
reasonable costs and attorney fees.
     It is unlawful for a person to carry onto, or to possess, 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 any firearm
or 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.
     It is unlawful to "carry, transport, convey, possess or
control in or on a motor-vehicle a shotgun or rifle containing
shells or cartridges in the magazine or chamber, or a
muzzle-loading firearm loaded and capped or primed."
     It is unlawful for an alien to carry or have in his
possession at any time any rifle, shotgun or handgun without an
alien license issued by the director of licensing.  The director
may issue a license upon the certificate of the consul within the
state who represents the alien's country, stating that said alien
is a responsible person and upon the payment of a $15.00 fee. 
This does not apply to Canadian citizens who reside in a province
that has reciprocal arrangements with the state of Washington. 
These persons may carry or possess weapons while hunting,
competing in bona fide trap or skeet shoot or any other organized
shooting contest.

ANTIQUES AND REPLICAS

     The above regulations do not apply to antique firearms which
is a firearm or a replica of a firearm not designed or redesigned
for using rim fire or conventional center fire ignition with
fixed ammunition and manufactured in or before 1898, including
any matchlock, flintlock, percussion cap, or similar type of
ignition system and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer
manufactured in the U. S. and is not readily available in the
ordinary channels of commercial trade.

MACHINE GUNS

     It is unlawful to "manufacture, own, buy, sell, loan,
furnish, transport, or have in possession or under control, any
machine gun, or any part thereof capable of use or assembling or
repairing any machine gun."
     Exempt are peace officers and members of the military when
on duty, and persons complying with federal law who possess a
U.S.  industrial security clearance and who produce, manufacture,
or test machine guns.
     A machine gun is defined as any "weapon mechanism or
instrument not requiring that the trigger be pressed for each
shot and having a reservoir clip, disc, drum, belt or other
separable mechanical device for storing, carrying, or supplying
ammunition which can be loaded into such weapon, mechanism or
instrument and fired therefrom at the rate of five or more shots
per second."

MISCELLANEOUS

     Possession of a concealed handgun without a license to
carry, and not within one of the enumerated exceptions, shall
create a legal presumption that the possessor intended to commit
a crime of violence.
     It is unlawful to "change, alter, remove, or obliterate the
name of the maker, model, manufacturer's number, or other mark of
identification" on any firearm.  Possession of a firearm with its
marks altered creates-a legal presumption that the possessor
committed the offense.
     It is unlawful to set a spring gun.  But, this does not
preclude the setting of "coyote getters" which are authorized by
the state department of agriculture or the state department of
game.
     It is unlawful for a person under 18 to possess a firearm
except in attendance at a hunter's safety course or a firearms
safety course, target shooting, hunting or trapping with a valid
license, in an area where the discharge of a firearm is
permitted, traveling with an unloaded firearm to any such lawful
activity, on real property under the control of the minor's
parent, relative, or legal guardian, or at the minor's residence
and who has permission to possess a firearm.  Unless one of the
above exceptions applies, a person under 21, but at least 18, may
possess a pistol only in his place of abode, fixed place of
business, or on real property under his control.
     It is unlawful to "carry, exhibit, display or draw any
firearm" in such a way as to manifest an intent to intimidate
another.
     This does not apply to persons in their own home or place of
business or to instances of self-defense or acting in furtherance
of one's official duties.
     It is unlawful to shoot any handgun, rifle or shotgun across
or along any public highway.
     It is unlawful to carry firearms upon a game preserve, or to
hunt while intoxicated.
     It is unlawful to possess any firearm while on the site of
an outdoor musical festival.
     During a state of emergency the governor may forbid the
possession of firearms outside the home or place of business.
     Local laws and ordinances that are inconsistent with, more
restrictive than, or exceed the requirements of state gun laws
shall not be enacted.

Sources: Wash. Rev. Code Sections 41.010 et seq., 10.99.045
26.28.080, 43.06.220, 70.108.150, 77.16.070, 77.16.110 77.16.250,
77.16.260.


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

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