By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed June 11, 2024
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Increases in state firearm deaths and the prevalence of mass shootings bring new efforts each year to prevent gun violence. While the federal government has some limited regulations on firearms, political battles in Congress often prevent new federal legislation.
As a result, gun control laws are primarily a state law issue. They vary widely from one state to another. Washington has some of the stricter gun control laws in the nation. For example, state lawmakers placed limits on high-capacity magazines in 2022 and enacted a ban on assault weapons in 2023.
At the national level, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) plays a key role in issuing federal gun licenses to firearms dealers. It also serves as a federal law enforcement agency that enforces illegal trafficking in firearms and other crimes.
Federal gun laws ban certain persons, like convicted felons, from possessing firearms. They also created the National Instant Criminal Background Check System (NICS) that helps prevent gun sales to prohibited persons.
The State of Washington has a comprehensive set of firearms laws that promote gun safety and protect gun owners' rights. In 2020, the Washington legislature created the Office of Firearm Safety and Gun Violence Prevention. This agency coordinates state efforts to promote violence-reduction strategies.
Washington voters have passed several laws by ballot initiative to address concerns about the purchase and sale of guns. In 2016, voters approved a law that provides for universal background checks. Private sales must take place through licensed firearms dealers to ensure that a background check on the purchaser takes place.
In 2017, voters approved a red flag law through which courts can issue an extreme risk protection order to keep guns out of the hands of those who are a threat to themselves or others. In 2018, a ballot initiative passed that raised the minimum age to buy handguns and semi-automatic rifles to 21.
In 2023, Gov. Jay Inslee also signed a new law that requires a waiting period and proof of firearms safety training for all gun purchases. A gun dealer can't deliver a firearm until the buyer passes the criminal background check and 10 days have elapsed. All background checks go through the state highway patrol and NICS.
If you want to carry a concealed firearm in Washington state, you must apply for a concealed pistol license (CPL). Apply to the sheriff in the county where you live or the chief law enforcement officer in your municipality. Non-residents can apply to any appropriate authority in the state.
To qualify for a license, you must be at least 21 years old and not be prohibited from possessing a gun under state or federal law. You must pass a criminal background check and not have any felony charges pending against you. You also cannot have any pending felony or misdemeanor warrants.
Washington will grant reciprocity for gun licenses from other states under limited circumstances. The Office of the Washington Attorney General maintains a list of states whose laws qualify for reciprocity.
Unless you have a CPL, you can only carry a loaded pistol on your person at your home or your fixed place of business.
Even those who get a CPL must follow certain state location restrictions. With some exceptions for law enforcement officers and others, you can't carry firearms into the following locations:
Also, open carry of firearms is not allowed in these locations:
State rules may also ban carrying firearms on college or university campuses.
Washington bans many dangerous weapons, including assault weapons, undetectable or ghost guns, and accessories like large-capacity magazines and bump stocks. There may be exceptions for members of the armed forces or state and local law enforcement. The state may allow ownership of some of these items when an owner got the weapons before a date specified in the law.
Washington state law provides a list of specific firearms banned as assault weapons, and the features of certain firearms that will cause them to fall under the assault weapon ban. The state bans the sale, manufacture, import, and distribution of assault weapons, but not their possession.
In Washington, a minor child (under 18 years of age) can't have a firearm unless they meet one of several specific exceptions, such as attending a hunter or firearms safety course or lawfully hunting under the supervision of a parent or guardian. Only those 21 or older can buy a handgun or semiautomatic rifle.
If a gun owner stores a gun in a manner where they know that an ineligible person may gain access, they may face criminal penalties if that person gains access and discharges or otherwise uses the weapon to intimidate or commit a crime.
Washington also bans having a loaded pistol in a vehicle unless the person in possession of the pistol has a CPL and keeps the gun on their person. A licensed gun owner cannot leave the loaded pistol in an unlocked vehicle or in a place where someone can see it from outside the vehicle.
A person who is at least 18 years old also cannot leave an unloaded firearm in a vehicle unless it is locked and concealed from view.
In Washington, gun control laws vary depending on the type of gun. The basics of Washington gun control laws are below.
| Relevant Washington State gun laws | Revised Code of Washington (RCW) Title 9, Crimes and Punishments, Chapter 9.41, Firearms and Dangerous Weapons (Sections 9.41.010 through 9.41.815)
|
|---|---|
| Illegal arms | Unless otherwise permitted under federal law, it is illegal to possess:
For those under 21, with few exceptions, it is illegal to possess:
The following items are also illegal to manufacture, import, distribute, or sell under most circumstances:
|
| Waiting period | There is a 10-day waiting period after the purchase of a firearm for a licensed gun dealer to perform a background check. The 10 days begin at the time the request was made for the criminal background check by the dealer. |
| Who may not own | These people may not have a firearm:
|
| License required? | No. Washington does not require a license to own a gun. |
| Concealed carry license required? | Yes. To carry a concealed firearm, you must have a concealed pistol license (CPL). |
| Open carry allowed? | Yes. Open carry is legal, except in places where firearms are prohibited or places where open carry is expressly prohibited. It is illegal to carry, exhibit, display, or draw a firearm or any 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. |
| Eligibility for a concealed carry license | To get a concealed pistol license (CPL), you must:
|
| Machine gun laws | Unless otherwise permitted under federal law, it is illegal to manufacture, own, buy, sell, loan, furnish, transport, or possess a machine gun in Washington state. The only exception is a machine gun acquired before July 1, 1994, that is in compliance with federal law. |
Penalties for illegal possession on or near school grounds |
Possessing 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 is a misdemeanor. The penalties are:
|
| Red flag law? | Yes. In 2017, voters enacted a red flag law permitting a court to remove and deny the use of firearms to a person the court finds presents a threat of harm to self or others. See Section 7.105.100(1)(e). |
| Universal background checks? | Yes. In 2016, voters enacted a law providing for universal background checks for all firearm purchases and transfers. Private sales and transfers must go through a licensed dealer so that a background check can be completed. |
| Stand-your-ground law? | Yes. Although Washington lawmakers never passed a specific statute, the courts have held that a person acting in self-defense has no duty to retreat before the use of force if the person claiming self-defense is in a place they have a right to be. See State v. Redmond (2003). |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
In 2022, the U.S. Supreme Court issued its decision in New York State Rifle & Pistol Association v. Bruen, striking down a New York gun license law. The 6-3 ruling by the Court altered decades of case precedent in the lower courts related to firearms regulation and the Second Amendment.
The Court's majority held that courts must use a new "historical" test when reviewing gun regulations that interfere with the right to bear arms. If the law at issue infringes on gun rights, then the government must show that its public safety reasons for the law are consistent with regulations at the time of the Second Amendment's enactment.
The Bruen ruling has led to an increase in legal challenges in the courts. Federal courts have struggled to apply the new test. In Washington, the state's new ban on the sale of large-capacity gun magazines faces appeal through the courts.
Washington has strict gun laws, and there are harsh penalties for violations. If you carried a concealed weapon without a permit or are facing other gun charges, then you should consider speaking with a skilled criminal defense attorney.
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