Firearm purchase

AN ACT Relating to enhancing requirements relating to the 1
purchase, transfer, and possession of firearms by requiring a permit 2
to purchase firearms, specifying requirements and standards for 3
firearms safety training programs and issuance of concealed pistol 4
licenses, specifying circumstances where a firearm transfer may be 5
delayed, requiring recordkeeping for all firearm transfers, and 6
establishing reporting requirements regarding permits to purchase 7
firearms and concealed pistol licenses; amending RCW 9.41.090, 8
9.41.1132, 43.43.590, 9.41.047, 9.41.070, 9.41.075, 9.41.097, 9
9.41.0975, 9.41.110, 9.41.129, 9.41.270, 7.105.350, and 43.43.580; 10
adding new sections to chapter 9.41 RCW; adding a new section to 11
chapter 43.43 RCW; and providing an effective date.12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:13
Sec. 1. RCW 9.41.090 and 2023 c 161 s 1 are each amended to read 14
as follows: 15
(1) In addition to the other requirements of this chapter, no 16
dealer may deliver a firearm to the purchaser or transferee thereof 17
until: 18
(a) The purchaser ((provides proof of completion of a recognized 19
firearm safety training program within the last five years that 20
complies with the requirements in RCW 9.41.1132, or proof that the 21
H-0313.1
HOUSE BILL 1163
State of Washington 69th Legislature 2025 Regular Session
By Representatives Berry, Taylor, Farivar, Walen, Pollet, Alvarado,
Mena, Duerr, Reed, Ryu, Parshley, Ramel, Fitzgibbon, Callan, Macri,
Cortes, Obras, Doglio, Gregerson, Simmons, Peterson, Street, Goodman,
Wylie, Fey, Kloba, Berg, Davis, Fosse, Salahuddin, Hill, and
Tharinger
Prefiled 01/06/25. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1163
purchaser is exempt from the training requirement )) or transferee 1
produces a valid permit to purchase firearms under section 2 of this 2
act; 3
(b) The dealer is notified by the Washington state patrol 4
firearms background check program that the purchaser or transferee is 5
eligible to possess a firearm under state and federal law; and6
(c) The requirements and time periods in RCW 9.41.092 have been 7
satisfied. 8
(2) In determining whether the purchaser or transferee is 9
eligible to possess a firearm, the Washington state patrol firearms 10
background check program shall check with the national instant 11
criminal background check system, provided for by the Brady handgun 12
violence prevention act (18 U.S.C. Sec. 921 et seq.), the Washington 13
state patrol electronic database, the health care authority 14
electronic database, the administrative office of the courts, LInX-15
NW, and with other agencies or resources as appropriate, to determine 16
whether the applicant is ineligible under RCW 9.41.040 to possess a 17
firearm. 18
(3)(a) In any case where the applicant has an outstanding warrant 19
for his or her arrest from any court of competent jurisdiction for a 20
felony or misdemeanor, the Washington state patrol firearms 21
background check program shall advise the dealer that the delivery of 22
the firearm is delayed. The Washington state patrol firearms 23
background check program shall confirm the existence of outstanding 24
warrants after notification of the application to purchase a firearm 25
is received. Upon confirming that the warrant is valid, the 26
Washington state patrol firearms background check program will advise 27
the dealer that transfer of the firearm is denied.28
(b) In any case where the Washington state patrol firearms 29
background check program has reasonable grounds based on the 30
following circumstances: (i) Open criminal charges, (ii) pending 31
criminal proceedings, (iii) pending commitment proceedings, or (iv) 32
an arrest for an offense making a person ineligible under RCW 33
9.41.040 to possess a firearm, if the records of disposition have not 34
yet been reported or entered sufficiently to determine eligibility to 35
purchase or receive a firearm, the Washington state patrol firearms 36
background check program shall notify the dealer that delivery of the 37
firearm is delayed in order to confirm existing records in this state 38
or elsewhere or to confirm the identity of the applicant.39
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(4)(a) At the time of applying for the purchase of a firearm, the 1
((purchaser)) applicant shall ((sign and deliver to the dealer an 2
application containing )) provide the firearm dealer the application 3
information necessary to submit the background check to the 4
Washington state patrol background check system, including:5
(i) His or her full name, residential address, date and place of 6
birth, race, and gender; 7
(ii) The date and hour of the application; 8
(iii) The applicant's driver's license number or state 9
identification card number; 10
(iv) The identification number of the applicant's permit to 11
purchase firearms;12
(v) A description of the firearm including the make, model, 13
caliber and if available the manufacturer's number ((if available at 14
the time of applying for the purchase of the firearm. If the 15
manufacturer's number is not available at the time of applying for 16
the purchase of a firearm, the application may be processed, but 17
delivery of the firearm to the purchaser may not occur unless the 18
manufacturer's number is recorded on the application by the dealer 19
and transmitted to the Washington state patrol firearms background 20
check program)); and 21
(((v))) (vi) A statement that the ((purchaser)) applicant is 22
eligible to purchase and possess a firearm under state and federal 23
law. 24
(b) The dealer shall provide the applicant with information that 25
contains two warnings substantially stated as follows:26
(i) CAUTION: Although state and local laws do not differ, federal 27
law and state law on the possession of firearms differ. If you are 28
prohibited by federal law from possessing a firearm, you may be 29
prosecuted in federal court. State permission to purchase a firearm 30
is not a defense to a federal prosecution; and 31
(ii) CAUTION: The presence of a firearm in the home has been 32
associated with an increased risk of death to self and others, 33
including an increased risk of suicide, death during domestic 34
violence incidents, and unintentional deaths to children and others.35
The ((purchaser)) applicant shall be given a copy of the 36
department of fish and wildlife pamphlet on the legal limits of the 37
use of firearms and firearms safety. 38
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(c) The dealer shall ((, by the end of the business day, )) 1
transmit the information from the application through secure 2
automated firearms e-check (SAFE) to the Washington state patrol 3
firearms background check program. ((The original application shall 4
be retained by the dealer for six years.))5
(d) The dealer shall deliver the firearm to the purchaser or 6
transferee once the requirements and period of time specified in this 7
chapter are satisfied. The application shall not be denied unless the 8
purchaser or transferee is not eligible to purchase or possess the 9
firearm under state or federal law or has not complied with the 10
requirements of this section. 11
(e) The Washington state patrol firearms background check program 12
shall retain or destroy applications to purchase a firearm in 13
accordance with the requirements of 18 U.S.C. Sec. 922.14
(((4))) (5) A person who knowingly makes a false statement 15
regarding identity or eligibility requirements on the application to 16
purchase a firearm is guilty of false swearing under RCW 9A.72.040.17
(((5))) (6) This section does not apply to sales to licensed 18
dealers for resale or to the sale of antique firearms.19
NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW 20
to read as follows: 21
(1) A person may apply for a permit to purchase firearms with the 22
Washington state patrol firearms background check program.23
(2) An applicant for a permit to purchase firearms must submit to 24
the Washington state patrol firearms background check program:25
(a) A completed permit application as provided in subsection (3) 26
of this section; 27
(b) A complete set of fingerprints taken by the local law 28
enforcement agency in the jurisdiction in which the applicant 29
resides; 30
(c) A certificate of completion of a certified firearms safety 31
training program within the last five years, or proof that the 32
applicant is exempt from the training requirement, as provided in RCW 33
9.41.1132; and 34
(d) The permit application fee as provided in subsection (11) of 35
this section. 36
(3) An application for a permit to purchase firearms must include 37
the applicant's: 38
(a) Full name and place and date of birth; 39
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(b) Residential address and current mailing address if different 1
from the residential address; 2
(c) Driver's license number or state identification card number;3
(d) Physical description; 4
(e) Race and gender; 5
(f) Telephone number and email address, at the option of the 6
applicant; and 7
(g) Electronic signature. 8
(4) The application must contain questions about the applicant's 9
eligibility to possess firearms under state and federal law and 10
whether the applicant is a United States citizen. If the applicant is 11
not a United States citizen, the applicant must provide the 12
applicant's country of citizenship, United States-issued alien number 13
or admission number, and the basis on which the applicant claims to 14
be exempt from federal prohibitions on firearm possession by aliens. 15
The applicant shall not be required to produce a birth certificate or 16
other evidence of citizenship. A person who is not a citizen of the 17
United States shall, if applicable, meet the additional requirements 18
of RCW 9.41.173 and produce proof of compliance with RCW 9.41.173 19
upon application. 20
(5) A signed application for a permit to purchase firearms shall 21
constitute a waiver of confidentiality and written request that 22
courts, the health care authority, mental health institutions, and 23
other health care facilities release information relevant to the 24
applicant's eligibility for a permit to purchase firearms to an 25
inquiring court or the Washington state patrol firearms background 26
check program. 27
(6) The Washington state patrol firearms background check program 28
shall issue a permit to purchase firearms to an eligible applicant, 29
or deny the completed application, within 30 days of the date the 30
completed application was filed, or within 60 days of when the 31
completed application was filed if the applicant does not have a 32
valid permanent Washington driver's license or Washington state 33
identification card or has not been a resident of the state for the 34
previous consecutive 90 days, unless additional time is necessary in 35
order to obtain all required information and records needed for 36
determining the applicant's eligibility for the permit.37
(7)(a) A permit to purchase firearms shall be issued unless the 38
applicant is disqualified because the applicant: 39
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(i) Is prohibited from purchasing or possessing a firearm under 1
state or federal law; 2
(ii) Is subject to a court order or injunction regarding firearms 3
pursuant to chapter 7.105 RCW, or RCW 9A.44.210, 9A.46.080, 4
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.26B.020, or 5
26.26A.470, or any of the former RCW 10.14.080, 26.10.115, 26.50.060, 6
and 26.50.070; 7
(iii) Is free on bond or personal recognizance pending trial, 8
appeal, or sentencing for a felony offense; 9
(iv) Has an outstanding warrant for his or her arrest from any 10
court of competent jurisdiction for a felony or misdemeanor; or11
(v) Has failed to produce a certificate of completion of a 12
certified firearms safety training program within the last five 13
years, or proof that the applicant is exempt from the training 14
requirement. 15
(b) If an application for a permit to purchase firearms is 16
denied, the Washington state patrol firearms background check program 17
shall send the applicant a written notice of the denial stating the 18
specific grounds on which the permit to purchase firearms is denied. 19
If the applicant provides an email address at the time of 20
application, the Washington state patrol firearms background check 21
program may send the denial notice to the applicant's email address.22
(8)(a) In determining whether the applicant is eligible for a 23
permit to purchase firearms, the Washington state patrol firearms 24
background check program shall check with the national instant 25
criminal background check system, the Washington state patrol 26
electronic database, the health care authority electronic database, 27
the administrative office of the courts, LInX-NW, and with other 28
agencies or resources as appropriate. 29
(b) A background check for an original permit must be conducted 30
through the Washington state patrol criminal records division and 31
shall include a national check from the federal bureau of 32
investigation through the submission of fingerprints. The results 33
will be returned to the Washington state patrol firearms background 34
check program. The applicant may request and receive a copy of the 35
results of the background check from the Washington state patrol. If 36
the applicant seeks to amend or correct their record, the applicant 37
must contact the Washington state patrol for a Washington state 38
record or the federal bureau of investigation for records from other 39
jurisdictions. 40
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(9) The Washington state patrol firearms background check program 1
shall develop procedures to verify on an annual basis that persons 2
who have been issued a permit to purchase firearms remain eligible to 3
possess firearms under state and federal law and continue to meet 4
other firearm eligibility requirements. If a person is determined to 5
be ineligible, the Washington state patrol firearms background check 6
program shall revoke the permit under subsection (14) of this 7
section, and provide notification of the revocation and relevant 8
information to the chief of police or the sheriff of the jurisdiction 9
in which the permit holder resides so that local law enforcement may 10
take steps to ensure the permit holder is not illegally in possession 11
of firearms. 12
(10) The permit to purchase firearms must be in a form prescribed 13
by the Washington state patrol firearms background check program and 14
must contain a unique permit number, expiration date, and the name, 15
date of birth, residential address, and brief description of the 16
licensee. 17
(11)(a) A permit to purchase firearms is valid for a period of 18
five years. A person may renew a permit to purchase firearms by 19
applying for renewal in accordance with the requirements of this 20
section within 90 days before or after the expiration date of the 21
permit. A renewed permit to purchase firearms takes effect on the 22
expiration date of the prior permit to purchase firearms and is valid 23
for a period of five years. 24
(b)(i) The Washington state patrol firearms background check 25
program may charge permit application fees which will cover as nearly 26
as practicable the direct and indirect costs to the Washington state 27
patrol incurred in creating and administering the permit to purchase 28
firearms program. The Washington state patrol firearms background 29
check program shall establish a late penalty for late renewal of a 30
permit to purchase firearms. The Washington state patrol firearms 31
background check program shall transmit the fees collected to the 32
state treasurer for deposit in the state firearms background check 33
system account created in RCW 43.43.590. 34
(ii) In addition to the permit application fee, an applicant for 35
a permit to purchase firearms must pay the fingerprint processing fee 36
under RCW 43.43.742. 37
(12) The Washington state patrol firearms background check 38
program shall mail a renewal notice to the holder of a permit to 39
purchase firearms approximately 90 days before the expiration date of 40
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the permit at the address listed on the application, or to the permit 1
holder's new address if the permit holder has notified the Washington 2
state patrol firearms background check program of a change of 3
address. If the permit holder provides an email address at the time 4
of application, the Washington state patrol firearms background check 5
program may send the renewal notice to the permit holder's email 6
address. The notice must contain the date the permit to purchase 7
firearms will expire, the amount of the renewal fee, the penalty for 8
late renewal, and instructions on how to renew the permit to purchase 9
firearms. 10
(13) A permit to purchase firearms issued under this section does 11
not authorize the holder of the permit to carry a concealed pistol.12
(14) The Washington state patrol firearms background check 13
program shall revoke a permit to purchase firearms on the occurrence 14
of any act or condition that would prevent the issuance of a permit 15
to purchase firearms. The Washington state patrol firearms background 16
check program shall send the permit holder a written notice of the 17
revocation stating the specific grounds on which the permit is 18
revoked. 19
(15) If a permit application is denied or a permit is revoked, a 20
person aggrieved by the denial or revocation is entitled to seek 21
review of the denial or revocation in superior court under section 12 22
of this act. 23
(16) Not later than one year after the effective date of this 24
section and annually thereafter, the Washington state patrol firearms 25
background check program shall submit to the state legislature a 26
report that includes all of the following information for the 27
preceding year: 28
(a) The number of permit applications submitted, issued, and 29
denied; 30
(b) Aggregate and anonymized demographic data on the number of 31
applicants seeking permits that were issued, including race, gender, 32
date of birth, and county of residence; 33
(c) Aggregate and anonymized demographic data on the number of 34
applicants seeking permits that were denied, including race, gender, 35
date of birth, and county of residence; 36
(d) The frequency with which permits were denied for each of the 37
statutory disqualifying factors listed in this section;38
(e) The number of permit denial decisions appealed by permit 39
applicants and the disposition of those appeals; 40
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(f) The number of issued permits revoked; and 1
(g) The number of cases that the Washington state patrol has 2
provided notice of permit revocations and relevant information to 3
local law enforcement agencies, and the number of cases that local 4
law enforcement agencies have taken action to remove firearms 5
purchased with a permit that was subsequently revoked and the number 6
of firearms recovered in such cases. 7
Sec. 3. RCW 9.41.1132 and 2023 c 161 s 2 are each amended to 8
read as follows: 9
(1) A person applying for ((the purchase or transfer of a 10
firearm)) a permit to purchase firearms must provide ((proof)) a 11
certificate of completion of a ((recognized)) certified firearms 12
safety training program within the last five years that, at a 13
minimum, includes instruction on: 14
(a) Basic firearms safety rules; 15
(b) Firearms and children, including secure gun storage and 16
talking to children about gun safety; 17
(c) Firearms and suicide prevention; 18
(d) Secure gun storage to prevent unauthorized access and use;19
(e) Safe handling of firearms; 20
(f) State and federal firearms laws, including prohibited 21
firearms transfers and locations where firearms are prohibited;22
(g) State laws pertaining to the use of deadly force for self-23
defense; ((and))24
(h) Techniques for avoiding a criminal attack and how to manage a 25
violent confrontation, including conflict resolution; and26
(i) Live-fire shooting exercises on a firing range that include a 27
demonstration by the applicant of the safe handling of, and shooting 28
proficiency with, firearms. 29
(2) The training must be sponsored by a federal, state, county, 30
or municipal law enforcement agency, a college or university, a 31
nationally recognized organization that customarily offers firearms 32
training, or a firearms training school with instructors certified by 33
a nationally recognized organization that customarily offers firearms 34
training. The ((proof)) certificate of training shall be in the form 35
((of a certification that states under the penalty of perjury that 36
the training included the minimum requirements )) and manner of 37
documentation developed by the Washington state patrol under section 38
4 of this act. 39
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(3) The training may include stories provided by individuals with 1
lived experience in the topics listed in subsection (1)(a) through 2
(g) of this section or an understanding of the legal and social 3
impacts of discharging a firearm. 4
(4) The firearms safety training requirement of this section does 5
not apply to: 6
(a) ((A)) Upon showing proper identification, a person who is 7
a((:8
(i) General)) general authority Washington peace officer , limited 9
authority Washington peace officer, specially commissioned Washington 10
peace officer, or federal peace officer, as those terms are defined 11
in RCW 10.93.020((;12
(ii) Limited authority Washington peace officer as defined in RCW 13
10.93.020 who as a normal part of their duties has arrest powers and 14
carries a firearm;15
(iii) Specially commissioned Washington peace officer as defined 16
in RCW 10.93.020 who as a normal part of their duties has arrest 17
powers and carries a firearm; or18
(iv) Federal peace officer as defined in RCW 10.93.020 who as a 19
normal part of their duties has arrest powers and carries a 20
firearm)); or 21
(b) ((A)) Upon showing proper identification, a person who is an 22
active duty member of the armed forces of the United States, an 23
active member of the national guard, or an active member of the armed 24
forces reserves ((who, as part of the applicant's service, has 25
completed, within the last five years, a course of training in 26
firearms proficiency or familiarization that included training on the 27
safe handling and shooting proficiency with firearms )). For the 28
purposes of this section, proper identification includes the armed 29
forces identification card or other written documentation certifying 30
that the individual is an active military member.31
NEW SECTION. Sec. 4. A new section is added to chapter 43.43 32
RCW to read as follows: 33
The Washington state patrol shall establish a program to provide 34
certifications for firearms safety training programs that meet the 35
requirements of RCW 9.41.070 and 9.41.1132, and to require certified 36
firearms safety programs to apply for recertification every five 37
years. The Washington state patrol shall develop the form and manner 38
of documentation for applicants for permits to purchase firearms to 39
p. 10 HB 1163
provide proof of completion of a certified firearms safety training 1
program, for concealed pistol license applicants to provide proof of 2
completion of a certified concealed carry firearms safety training 3
program, and for use as proof of qualifying for an exemption from the 4
firearms safety training requirement or concealed carry firearms 5
safety training requirement. 6
Sec. 5. RCW 43.43.590 and 2020 c 28 s 3 are each amended to read 7
as follows: 8
The state firearms background check system account is created in 9
the custody of the state treasurer. All receipts under RCW 43.43.580 10
and section 2 of this act must be deposited into the account. 11
Expenditures from the account may be used only for the creation, 12
operation, and maintenance of the automated firearms background check 13
system under RCW 43.43.580, and for costs incurred in administering 14
the permit to purchase firearms program under section 2 of this act . 15
Only the chief of the Washington state patrol or the chief's designee 16
may authorize expenditures from the account. The account is subject 17
to allotment procedures under chapter 43.88 RCW, but an appropriation 18
is not required for expenditures. 19
NEW SECTION. Sec. 6. A new section is added to chapter 9.41 RCW 20
to read as follows: 21
A local law enforcement agency taking fingerprints pursuant to 22
section 2 of this act may charge a reasonable fee to recover as 23
nearly as practicable the direct and indirect costs to the local law 24
enforcement agency of taking and transmitting the fingerprints.25
Sec. 7. RCW 9.41.047 and 2024 c 290 s 1 are each amended to read 26
as follows: 27
(1)(a) At the time a person is convicted or found not guilty by 28
reason of insanity of an offense making the person ineligible to 29
possess a firearm under state or federal law, including if the person 30
was convicted of possession under RCW 69.50.4011, 69.50.4013, 31
69.50.4014, or 69.41.030, or at the time a person is committed by 32
court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or 33
chapter 10.77 RCW for treatment for a mental disorder, or at the time 34
that charges are dismissed based on incompetency to stand trial under 35
RCW 10.77.086, or the charges are dismissed based on incompetency to 36
stand trial under RCW 10.77.088 and the court makes a finding that 37
p. 11 HB 1163
the person has a history of one or more violent acts, the court shall 1
notify the person, orally and in writing, that the person must 2
immediately surrender all firearms to their local law enforcement 3
agency and any concealed pistol license and that the person may not 4
possess a firearm unless the person's right to do so is restored by 5
the superior court that issued the order. 6
(b) The court shall forward within three judicial days following 7
conviction or finding of not guilty by reason of insanity a copy of 8
the person's driver's license or identicard, or comparable 9
information such as the person's name, address, and date of birth, 10
along with the date of conviction or finding of not guilty by reason 11
of insanity, to the department of licensing and to the Washington 12
state patrol firearms background check program. 13
(c) The court shall forward within three judicial days following 14
commitment by court order under RCW 71.05.240, 71.05.320, 71.34.740, 15
71.34.750, or chapter 10.77 RCW, for treatment for a mental disorder, 16
or upon dismissal of charges based on incompetency to stand trial 17
under RCW 10.77.086, or the charges are dismissed based on 18
incompetency to stand trial under RCW 10.77.088 when the court makes 19
a finding that the person has a history of one or more violent acts, 20
a copy of the person's driver's license or identicard, or comparable 21
information such as the person's name, address, and date of birth, 22
along with the date of commitment or date charges are dismissed, to 23
the national instant criminal background check system index, denied 24
persons file, created by the federal Brady handgun violence 25
prevention act (P.L. 103-159), and to the department of licensing, 26
Washington state patrol firearms background check program, and the 27
criminal division of the county prosecutor in the county of 28
commitment or the county in which charges are dismissed. The 29
petitioning party shall provide the court with the information 30
required. If more than one commitment order is entered under one 31
cause number, only one notification to the national instant criminal 32
background check system, the department of licensing, the Washington 33
state patrol firearms background check program, and the criminal 34
division of the county prosecutor in the county of commitment or 35
county in which charges are dismissed is required.36
(2)(a) Upon receipt of the information provided in subsection (1) 37
of this section, the Washington state patrol firearms background 38
check program shall determine if the convicted or committed person, 39
or the person whose charges are dismissed based on incompetency to 40
p. 12 HB 1163
stand trial, has a permit to purchase firearms. If the person does 1
have a permit to purchase firearms, the Washington state patrol 2
firearms background check program shall immediately revoke the 3
permit. 4
(b) Upon receipt of the information provided for by subsection 5
(1) of this section, the department of licensing shall determine if 6
the person has a concealed pistol license. If the person has a 7
concealed pistol license, the department of licensing shall 8
immediately notify the license-issuing authority which, upon receipt 9
of such notification, shall immediately revoke the license.10
(3)(a) A person who is prohibited from possessing a firearm, by 11
reason of having been involuntarily committed for treatment for a 12
mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, 13
chapter 10.77 RCW, or equivalent statutes of another jurisdiction, or 14
by reason of having been detained under RCW 71.05.150 or 71.05.153, 15
or because the person's charges were dismissed based on incompetency 16
to stand trial under RCW 10.77.086, or the charges were dismissed 17
based on incompetency to stand trial under RCW 10.77.088 and the 18
court made a finding that the person has a history of one or more 19
violent acts, may, upon discharge, petition the superior court to 20
have his or her right to possess a firearm restored, except that a 21
person found not guilty by reason of insanity may not petition for 22
restoration of the right to possess a firearm until one year after 23
discharge. 24
(b) The petition must be brought in the superior court that 25
ordered the involuntary commitment or dismissed the charges based on 26
incompetency to stand trial or the superior court of the county in 27
which the petitioner resides. 28
(c) Except as provided in (d) and (e) of this subsection, firearm 29
rights shall be restored if the person petitioning for restoration of 30
firearm rights proves by a preponderance of the evidence that:31
(i) The person petitioning for restoration of firearm rights is 32
no longer required to participate in court-ordered inpatient or 33
outpatient treatment; 34
(ii) The person petitioning for restoration of firearm rights has 35
successfully managed the condition related to the commitment or 36
detention or incompetency; 37
(iii) The person petitioning for restoration of firearm rights no 38
longer presents a substantial danger to self or to the public;39
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(iv) The symptoms related to the commitment or detention or 1
incompetency are not reasonably likely to recur; and2
(v) There is no active extreme risk protection order or order to 3
surrender and prohibit weapons entered against the petitioner.4
(d) If a preponderance of the evidence in the record supports a 5
finding that the person petitioning for restoration of firearm rights 6
has engaged in violence and that it is more likely than not that the 7
person will engage in violence after the person's right to possess a 8
firearm is restored, the person petitioning for restoration of 9
firearm rights shall bear the burden of proving by clear, cogent, and 10
convincing evidence that the person does not present a substantial 11
danger to the safety of others. 12
(e) If the person seeking restoration of firearm rights seeks 13
restoration after having been detained under RCW 71.05.150 or 14
71.05.153, the state shall bear the burden of proof to show, by a 15
preponderance of the evidence, that the person does not meet the 16
restoration criteria in (c) of this subsection. 17
(f) When a person's right to possess a firearm has been restored 18
under this subsection, the court shall forward, within three judicial 19
days after entry of the restoration order, notification that the 20
person's right to possess a firearm has been restored to the 21
department of licensing and the Washington state patrol criminal 22
records division, with a copy of the person's driver's license or 23
identicard, or comparable identification such as the person's name, 24
address, and date of birth, and to the health care authority, and the 25
national instant criminal background check system index, denied 26
persons file. In the case of a person whose right to possess a 27
firearm has been suspended for six months as provided in RCW 28
71.05.182, the department of licensing shall forward notification of 29
the restoration order to the licensing authority, which, upon receipt 30
of such notification, shall immediately lift the suspension, 31
restoring the person's concealed pistol license. 32
(4) No person who has been found not guilty by reason of insanity 33
may petition a court for restoration of the right to possess a 34
firearm unless the person meets the requirements for the restoration 35
of the right to possess a firearm under RCW 9.41.041.36
Sec. 8. RCW 9.41.070 and 2021 c 215 s 94 are each amended to 37
read as follows: 38
p. 14 HB 1163
(1) The chief of police of a municipality or the sheriff of a 1
county shall within thirty days after the filing of an application of 2
any person, issue a license to such person to carry a pistol 3
concealed on his or her person within this state for five years from 4
date of issue, for the purposes of protection or while engaged in 5
business, sport, or while traveling. However, if the applicant does 6
not have a valid permanent Washington driver's license or Washington 7
state identification card or has not been a resident of the state for 8
the previous consecutive ninety days, the issuing authority shall 9
have up to sixty days after the filing of the application to issue a 10
license. The issuing authority shall not refuse to accept completed 11
applications for concealed pistol licenses during regular business 12
hours. 13
((The applicant's constitutional right to bear arms shall not be 14
denied, unless )) A concealed pistol license application shall be 15
issued unless the applicant is disqualified for any of the following 16
reasons: 17
(a) He or she is ineligible to possess a firearm under the 18
provisions of RCW 9.41.040 or 9.41.045, or is prohibited from 19
possessing a firearm under federal law; 20
(b) The applicant's concealed pistol license is in a revoked 21
status; 22
(c) He or she is under twenty-one years of age;23
(d) He or she is subject to a court order or injunction regarding 24
firearms pursuant to chapter 7.105 RCW, or RCW 9A.46.080, 10.99.040, 25
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.26B.020, or 26
26.26A.470, or any of the former RCW 10.14.080, 26.10.115, 26.50.060, 27
and 26.50.070; 28
(e) He or she is free on bond or personal recognizance pending 29
trial, appeal, or sentencing for a felony offense;30
(f) He or she has an outstanding warrant for his or her arrest 31
from any court of competent jurisdiction for a felony or misdemeanor; 32
((or))33
(g) He or she has been ordered to forfeit a firearm under RCW 34
9.41.098(1)(e) within one year before filing an application to carry 35
a pistol concealed on his or her person; or36
(h) He or she has failed to produce a certificate of completion 37
from a certified concealed carry firearms safety training program, as 38
provided under subsection (5) of this section and section 4 of this 39
p. 15 HB 1163
act, or proof that the applicant is exempt from the training 1
requirement. 2
No person convicted of a felony may have his or her right to 3
possess firearms restored or his or her privilege to carry a 4
concealed pistol restored, unless the person has been granted relief 5
from disabilities by the attorney general under 18 U.S.C. Sec. 6
925(c), or RCW 9.41.040 (3) or (4) applies. 7
(2)(a) The issuing authority shall conduct a check through the 8
national instant criminal background check system, the Washington 9
state patrol electronic database, the administrative office of the 10
courts, LInX-NW, the health care authority electronic database, and 11
with other agencies or resources as appropriate, to determine whether 12
the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess 13
a firearm, or is prohibited from possessing a firearm under federal 14
or state law, and therefore ineligible for a concealed pistol 15
license. 16
(b) The issuing authority shall deny a ((permit)) license to 17
anyone who is found to be prohibited from possessing a firearm under 18
federal or state law or otherwise disqualified from obtaining a 19
concealed pistol license under the requirements of this section.20
(c) (a) and (b) of this subsection apply whether the applicant is 21
applying for a new concealed pistol license or to renew a concealed 22
pistol license. 23
(d) A background check for an original license must be conducted 24
through the Washington state patrol criminal identification section 25
and shall include a national check from the federal bureau of 26
investigation through the submission of fingerprints. The results 27
will be returned to the issuing authority. The applicant may request 28
and receive a copy of the results of the background check from the 29
issuing authority. If the applicant seeks to amend or correct their 30
record, the applicant must contact the Washington state patrol for a 31
Washington state record or the federal bureau of investigation for 32
records from other jurisdictions. An applicant presenting a valid 33
permit to purchase firearms is exempt from the fingerprint check 34
requirement in a concealed pistol license application.35
(e) If an application for a concealed pistol license is denied, 36
the issuing authority shall send the applicant a written notice of 37
the denial stating the specific grounds on which the application is 38
denied. If the applicant provides an email address at the time of 39
p. 16 HB 1163
application, the issuing authority may send the denial notice to the 1
applicant's email address. 2
(3) Any person whose firearms rights have been restricted and who 3
has been granted relief from disabilities by the attorney general 4
under 18 U.S.C. Sec. 925 (c) or who is exempt under 18 U.S.C. Sec. 5
921(a)(20)(A) shall have his or her right to acquire, receive, 6
transfer, ship, transport, carry, and possess firearms in accordance 7
with Washington state law restored except as otherwise prohibited by 8
this chapter. 9
(4) The license application shall bear the full name, residential 10
address, telephone number at the option of the applicant, email 11
address at the option of the applicant, date and place of birth, 12
race, gender, physical description, a complete set of fingerprints 13
unless the applicant presents a valid permit to purchase firearms 14
issued under section 2 of this act , ((and)) signature of the 15
licensee, and the licensee's driver's license number or state 16
identification card number if used for identification in applying for 17
the license. A signed application for a concealed pistol license 18
shall constitute a waiver of confidentiality and written request that 19
the health care authority, mental health institutions, and other 20
health care facilities release information relevant to the 21
applicant's eligibility for a concealed pistol license to an 22
inquiring court or law enforcement agency. 23
The application for an original license shall include a complete 24
set of fingerprints to be forwarded to the Washington state patrol 25
unless the applicant presents a valid permit to purchase firearms 26
issued under section 2 of this act. 27
The license and application shall contain a warning substantially 28
as follows: 29
CAUTION: Although state and local laws do not differ, federal 30
law and state law on the possession of firearms differ. If 31
you are prohibited by federal law from possessing a firearm, 32
you may be prosecuted in federal court. A state license is 33
not a defense to a federal prosecution. 34
The license shall contain a description of the major differences 35
between state and federal law and an explanation of the fact that 36
local laws and ordinances on firearms are preempted by state law and 37
must be consistent with state law. 38
p. 17 HB 1163
The application shall contain questions about the applicant's 1
eligibility under RCW 9.41.040 and federal law to possess a pistol, 2
the applicant's place of birth, and whether the applicant is a United 3
States citizen. If the applicant is not a United States citizen, the 4
applicant must provide the applicant's country of citizenship, United 5
States issued alien number or admission number, and the basis on 6
which the applicant claims to be exempt from federal prohibitions on 7
firearm possession by aliens. The applicant shall not be required to 8
produce a birth certificate or other evidence of citizenship. A 9
person who is not a citizen of the United States shall, if 10
applicable, meet the additional requirements of RCW 9.41.173 and 11
produce proof of compliance with RCW 9.41.173 upon application. The 12
license may be in triplicate or in a form to be prescribed by the 13
department of licensing. 14
A photograph of the applicant may be required as part of the 15
application and printed on the face of the license.16
The original thereof shall be delivered to the licensee, the 17
duplicate shall within seven days be sent to the director of 18
licensing and the triplicate shall be preserved for six years, by the 19
authority issuing the license. 20
The department of licensing shall make available to law 21
enforcement and corrections agencies, in an online format, all 22
information received under this subsection. 23
(5)(a) The training required for issuance of a license under this 24
section must be from a concealed carry firearms safety training 25
program certified under section 4 of this act that includes live-fire 26
shooting exercises on a firing range that include a demonstration by 27
the applicant of the safe handling of, and shooting proficiency with, 28
firearms, including a minimum of 50 rounds of ammunition firing 29
training at a firing range under the supervision of an instructor.30
(b) Concealed pistol license applicants are exempt from the 31
training requirement in this section if they can demonstrate they are 32
exempt under RCW 9.41.1132(4).33
(6)(a) The nonrefundable fee, paid upon application, for the 34
original five-year license shall be thirty-six dollars plus 35
additional charges imposed by the federal bureau of investigation 36
that are passed on to the applicant. No other state or local branch 37
or unit of government may impose any additional charges on the 38
applicant for the issuance of the license. 39
The fee shall be distributed as follows: 40
p. 18 HB 1163
(((a))) (i) Fifteen dollars shall be paid to the state general 1
fund; 2
(((b))) (ii) Four dollars shall be paid to the agency taking the 3
fingerprints of the person licensed; 4
(((c))) (iii) Fourteen dollars shall be paid to the issuing 5
authority for the purpose of enforcing this chapter;6
(((d))) (iv) Two dollars and sixteen cents to the firearms range 7
account in the general fund; and 8
(((e))) (v) Eighty-four cents to the concealed pistol license 9
renewal notification account created in RCW 43.79.540.10
(((6))) (b) The nonrefundable fee for the renewal of such license 11
shall be thirty-two dollars. No other branch or unit of government 12
may impose any additional charges on the applicant for the renewal of 13
the license. 14
The renewal fee shall be distributed as follows:15
(((a))) (i) Fifteen dollars shall be paid to the state general 16
fund; 17
(((b))) (ii) Fourteen dollars shall be paid to the issuing 18
authority for the purpose of enforcing this chapter;19
(((c))) (iii) Two dollars and sixteen cents to the firearms range 20
account in the general fund; and 21
(((d))) (iv) Eighty-four cents to the concealed pistol license 22
renewal notification account created in RCW 43.79.540.23
(((7))) (c) The nonrefundable fee for replacement of lost or 24
damaged licenses is ten dollars to be paid to the issuing authority.25
(((8))) (d) Payment shall be by cash, check, or money order at 26
the option of the applicant. Additional methods of payment may be 27
allowed at the option of the issuing authority. 28
(((9))) (7)(a) A licensee may renew a license if the licensee 29
applies for renewal within ninety days before or after the expiration 30
date of the license. A license so renewed shall take effect on the 31
expiration date of the prior license. A licensee renewing after the 32
expiration date of the license must pay a late renewal penalty of ten 33
dollars in addition to the renewal fee specified in subsection (6) of 34
this section. The fee shall be distributed as follows:35
(i) Three dollars shall be deposited in the limited fish and 36
wildlife account and used exclusively first for the printing and 37
distribution of a pamphlet on the legal limits of the use of 38
firearms, firearms safety, and the preemptive nature of state law, 39
and subsequently the support of volunteer instructors in the basic 40
p. 19 HB 1163
firearms safety training program conducted by the department of fish 1
and wildlife. The pamphlet shall be given to each applicant for a 2
license; and 3
(ii) Seven dollars shall be paid to the issuing authority for the 4
purpose of enforcing this chapter. 5
(b) Beginning with concealed pistol licenses that expire on or 6
after August 1, 2018, the department of licensing shall mail a 7
renewal notice approximately ninety days before the license 8
expiration date to the licensee at the address listed on the 9
concealed pistol license application, or to the licensee's new 10
address if the licensee has notified the department of licensing of a 11
change of address. Alternatively, if the licensee provides an email 12
address at the time of license application, the department of 13
licensing may send the renewal notice to the licensee's email 14
address. The notice must contain the date the concealed pistol 15
license will expire, the amount of renewal fee, the penalty for late 16
renewal, and instructions on how to renew the license.17
(((10))) (8) Notwithstanding the requirements of subsections (1) 18
through (((9))) (7) of this section, the chief of police of the 19
municipality or the sheriff of the county of the applicant's 20
residence may issue a temporary emergency license for good cause 21
pending review under subsection (1) of this section. However, a 22
temporary emergency license issued under this subsection shall not 23
exempt the holder of the license from any records check requirement. 24
Temporary emergency licenses shall be easily distinguishable from 25
regular licenses. 26
(((11))) (9) A political subdivision of the state shall not 27
modify the requirements of this section or chapter, nor may a 28
political subdivision ask the applicant to voluntarily submit any 29
information not required by this section. 30
(((12))) (10) A person who knowingly makes a false statement 31
regarding citizenship or identity on an application for a concealed 32
pistol license is guilty of false swearing under RCW 9A.72.040. In 33
addition to any other penalty provided for by law, the concealed 34
pistol license of a person who knowingly makes a false statement 35
shall be revoked, and the person shall be permanently ineligible for 36
a concealed pistol license. 37
(((13))) (11) A person may apply for a concealed pistol license:38
(a) To the municipality or to the county in which the applicant 39
resides if the applicant resides in a municipality;40
p. 20 HB 1163
(b) To the county in which the applicant resides if the applicant 1
resides in an unincorporated area; or 2
(c) Anywhere in the state if the applicant is a nonresident.3
(((14))) (12) Any person who, as a member of the armed forces, 4
including the national guard and armed forces reserves, is unable to 5
renew his or her license under ((subsections (6) and (9))) subsection 6
(7) of this section because of the person's assignment, reassignment, 7
or deployment for out-of-state military service may renew his or her 8
license within ninety days after the person returns to this state 9
from out-of-state military service, if the person provides the 10
following to the issuing authority no later than ninety days after 11
the person's date of discharge or assignment, reassignment, or 12
deployment back to this state: (a) A copy of the person's original 13
order designating the specific period of assignment, reassignment, or 14
deployment for out-of-state military service, and (b) if appropriate, 15
a copy of the person's discharge or amended or subsequent assignment, 16
reassignment, or deployment order back to this state. A license 17
((so)) renewed under this subsection (((14))) shall take effect on 18
the expiration date of the prior license. A licensee renewing after 19
the expiration date of the license under this subsection (((14))) 20
shall pay only the renewal fee specified in subsection (6) of this 21
section and shall not be required to pay a late renewal penalty in 22
addition to the renewal fee. 23
(((15))) (13)(a) By October 1, 2019, law enforcement agencies 24
that issue concealed pistol licenses shall develop and implement a 25
procedure for the renewal of concealed pistol licenses through a mail 26
application process, and may develop an online renewal application 27
process, for any person who, as a member of the armed forces, 28
including the national guard and armed forces reserves, is unable to 29
renew his or her license under ((subsections (6) and (9))) subsection 30
(7) of this section because of the person's assignment, reassignment, 31
or deployment for out-of-state military service. 32
(b) A person applying for a license renewal under this subsection 33
shall: 34
(i) Provide a copy of the person's original order designating the 35
specific period of assignment, reassignment, or deployment for out-36
of-state military service; 37
(ii) Apply for renewal within ninety days before or after the 38
expiration date of the license; and 39
p. 21 HB 1163
(iii) Pay the renewal licensing fee under subsection (6) of this 1
section, and, if applicable, the late renewal penalty under 2
subsection (((9))) (7) of this section. 3
(c) A license renewed under this subsection takes effect on the 4
expiration date of the prior license and is valid for a period of one 5
year. 6
(14) A person aggrieved by the denial of their application for a 7
concealed pistol license may seek review of the denial in superior 8
court under section 12 of this act.9
(15) Not later than one year after the effective date of this 10
section and annually thereafter, issuing authorities shall submit 11
aggregate license application data as set forth in this section to 12
the Washington state patrol firearms background check program for 13
statewide analysis of the uniformity of the licensing system and any 14
potential demographic disparities. Not later than 18 months after the 15
effective date of this section and annually thereafter, the 16
Washington state patrol firearms background check program shall 17
submit to the state legislature a report that includes all of the 18
following information, to the extent available, regarding concealed 19
pistol licenses for the preceding year:20
(a) The number of license applications submitted, issued, and 21
denied;22
(b) Aggregate and anonymized demographic data on the number of 23
applicants seeking licenses that were issued, including race, gender, 24
date of birth, and county of residence;25
(c) Aggregate and anonymized demographic data on the number of 26
applicants seeking licenses that were denied, including race, gender, 27
date of birth, and county of residence;28
(d) The frequency with which licenses were denied for each of the 29
statutory disqualifying factors listed in this section;30
(e) The number of license denial decisions appealed by license 31
applicants and the disposition of those appeals;32
(f) The number of issued licenses revoked; and33
(g) Information on the barriers, if any, to compiling and 34
analyzing the information listed in (a) through (f) of this 35
subsection.36
Sec. 9. RCW 9.41.075 and 2021 c 215 s 73 are each amended to 37
read as follows: 38
p. 22 HB 1163
(1) The license shall be revoked by a law enforcement agency 1
immediately upon: 2
(a) Discovery by the law enforcement agency that the licensee was 3
ineligible under RCW 9.41.070 for a concealed pistol license when 4
applying for the license or license renewal or has become ineligible 5
after the license was issued; 6
(b) Conviction of the licensee, or the licensee being found not 7
guilty by reason of insanity, of an offense, or commitment of the 8
licensee for mental health treatment, that makes a person ineligible 9
under RCW 9.41.040 to possess a firearm; 10
(c) Conviction of the licensee for a third violation of this 11
chapter within five calendar years; 12
(d) An order that the licensee forfeit a firearm under RCW 13
9.41.098(1)(d); or 14
(e) The law enforcement agency's receipt of an order to surrender 15
and prohibit weapons or an extreme risk protection order, other than 16
an ex parte temporary protection order, issued against the licensee.17
(2)(a) Unless the person may lawfully possess a pistol without a 18
concealed pistol license, an ineligible person to whom a concealed 19
pistol license was issued shall, within 14 days of license 20
revocation, lawfully transfer ownership of any pistol acquired while 21
the person was in possession of the license. 22
(b) Upon discovering a person issued a concealed pistol license 23
was ineligible for the license, the law enforcement agency shall 24
contact the department of licensing to determine whether the person 25
purchased a pistol while in possession of the license. If the person 26
did purchase a pistol while in possession of the concealed pistol 27
license, if the person may not lawfully possess a pistol without a 28
concealed pistol license, the law enforcement agency shall require 29
the person to present satisfactory evidence of having lawfully 30
transferred ownership of the pistol. The law enforcement agency shall 31
require the person to produce the evidence within 15 days of the 32
revocation of the license. 33
(3) When a licensee is ordered to forfeit a firearm under RCW 34
9.41.098(1)(d), the law enforcement agency shall: 35
(a) On the first forfeiture, revoke the license for one year;36
(b) On the second forfeiture, revoke the license for two years; 37
or 38
(c) On the third or subsequent forfeiture, revoke the license for 39
five years. 40
p. 23 HB 1163
Any person whose license is revoked as a result of a forfeiture 1
of a firearm under RCW 9.41.098(1)(d) may not reapply for a new 2
license until the end of the revocation period. 3
(4) The law enforcement agency shall notify, in writing, the 4
department of licensing of the revocation of a license. The 5
department of licensing shall record the revocation.6
(5) A person aggrieved by a revocation of their concealed pistol 7
license is entitled to seek review of the denial in superior court 8
under section 12 of this act.9
Sec. 10. RCW 9.41.097 and 2023 c 161 s 6 are each amended to 10
read as follows: 11
(1) The health care authority, mental health institutions, and 12
other health care facilities shall, upon request of a court, law 13
enforcement agency, or the state, supply such relevant information as 14
is necessary to determine the eligibility of a person to possess a 15
firearm, to be issued a permit to purchase firearms under section 2 16
of this act or a concealed pistol license under RCW 9.41.070, or to 17
purchase a firearm under RCW 9.41.090. 18
(2) Mental health information received by: (a) The department of 19
licensing pursuant to RCW 9.41.047 or 9.41.173; (b) an issuing 20
authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police 21
or sheriff pursuant to RCW 9.41.090 or 9.41.173; (d) a court or law 22
enforcement agency pursuant to subsection (1) of this section; or (e) 23
the Washington state patrol firearms background check program 24
pursuant to RCW 9.41.090, shall not be disclosed except as provided 25
in RCW 42.56.240(4). 26
Sec. 11. RCW 9.41.0975 and 2023 c 161 s 7 are each amended to 27
read as follows: 28
(1) The state, local governmental entities, any public or private 29
agency, and the employees of any state or local governmental entity 30
or public or private agency, acting in good faith, are immune from 31
liability: 32
(a) For failure to prevent the sale or transfer of a firearm to a 33
person whose receipt or possession of the firearm is unlawful;34
(b) For preventing the sale or transfer of a firearm to a person 35
who may lawfully receive or possess a firearm; 36
p. 24 HB 1163
(c) For issuing a permit to purchase firearms, concealed pistol 1
license, or alien firearm license to a person ineligible for such a 2
license; 3
(d) For failing to issue a permit to purchase firearms, concealed 4
pistol license , or alien firearm license to a person eligible for 5
such a license; 6
(e) For revoking or failing to revoke an issued permit to 7
purchase firearms, concealed pistol license , or alien firearm 8
license; 9
(f) For errors in preparing or transmitting information as part 10
of determining a person's eligibility to receive or possess a 11
firearm, or eligibility for a permit to purchase firearms, concealed 12
pistol license, or alien firearm license; 13
(g) For issuing a dealer's license to a person ineligible for 14
such a license; or 15
(h) For failing to issue a dealer's license to a person eligible 16
for such a license. 17
(2) An application may be made to a court of competent 18
jurisdiction for a writ of mandamus: 19
(a) Directing an issuing agency to issue ((a concealed pistol 20
license or)) an alien firearm license wrongfully refused;21
(b) ((Directing the Washington state patrol firearms background 22
check program to approve an application to purchase a firearm 23
wrongfully denied;24
(c))) Directing that erroneous information resulting either in 25
the wrongful refusal to issue a permit to purchase firearms, 26
concealed pistol license, or alien firearm license or in the wrongful 27
denial of a purchase application for a firearm be corrected; or28
(((d))) (c) Directing a law enforcement agency to approve a 29
dealer's license wrongfully denied. 30
The application for the writ may be made in the county in which 31
the application for a permit to purchase firearms, concealed pistol 32
license, or alien firearm license or an application to purchase a 33
firearm was made, or in Thurston county, at the discretion of the 34
petitioner. A court shall provide an expedited hearing for an 35
application brought under this subsection (2) for a writ of mandamus. 36
A person granted a writ of mandamus under this subsection (2) shall 37
be awarded reasonable attorneys' fees and costs. 38
p. 25 HB 1163
NEW SECTION. Sec. 12. A new section is added to chapter 9.41 1
RCW to read as follows: 2
(1) A person aggrieved by the denial or revocation of a permit to 3
purchase firearms or the denial of a purchase application for a 4
firearm may appeal by petition to the superior court having 5
jurisdiction over the county or municipality where the applicant 6
resides. The petition must be made within 30 days of the denial of 7
the permit application or application to purchase firearms and a copy 8
must be delivered to the Washington state patrol firearms background 9
check program. The superior court must hold a hearing at the earliest 10
practicable date and no later than 30 days following the filing of 11
the petition for review. A filing fee is not required to obtain a 12
hearing under this section. The matter must be heard de novo without 13
a jury and the court must include written findings of fact and 14
conclusions of law in its ruling. 15
(2) A person aggrieved by the denial or revocation of a concealed 16
pistol license may appeal by petition to the superior court having 17
jurisdiction over the county or municipality where the applicant 18
resides. The petition must be made within 30 days of the denial of 19
the concealed pistol license application and a copy of the petition 20
must be delivered to the applicable police chief or sheriff of the 21
local law enforcement agency that denied the license application. The 22
superior court must hold a hearing at the earliest practicable date 23
and no later than 30 days following the filing of the petition for 24
review. A filing fee is not required to obtain a hearing under this 25
section. The matter must be heard de novo without a jury and the 26
court must include written findings of fact and conclusions of law in 27
its ruling. 28
Sec. 13. RCW 9.41.110 and 2024 c 288 s 1 are each amended to 29
read as follows: 30
(1) No dealer may sell or otherwise transfer, or expose for sale 31
or transfer, or have in his or her possession with intent to sell, or 32
otherwise transfer, any pistol without being licensed as provided in 33
this section. 34
(2) No dealer may sell or otherwise transfer, or expose for sale 35
or transfer, or have in his or her possession with intent to sell, or 36
otherwise transfer, any firearm other than a pistol without being 37
licensed as provided in this section. 38
p. 26 HB 1163
(3) No dealer may sell or otherwise transfer, or expose for sale 1
or transfer, or have in his or her possession with intent to sell, or 2
otherwise transfer, any ammunition without being licensed as provided 3
in this section. 4
(4) The duly constituted licensing authorities of any city, town, 5
or political subdivision of this state shall grant licenses in forms 6
prescribed by the director of licensing effective for not more than 7
one year from the date of issue permitting the licensee to sell 8
firearms within this state subject to the following conditions, for 9
breach of any of which the license shall be forfeited and the 10
licensee subject to punishment as provided in this chapter. A 11
licensing authority shall forward a copy of each license granted to 12
the department of licensing. The department of licensing shall notify 13
the department of revenue of the name and address of each dealer 14
licensed under this section. Any law enforcement agency acting within 15
the scope of its jurisdiction may investigate a breach of the 16
licensing conditions established in this chapter. 17
(5)(a) A licensing authority shall, within 30 days after the 18
filing of an application of any person for a dealer's license, 19
determine whether to grant the license. However, if the applicant 20
does not have a valid permanent Washington driver's license or 21
Washington state identification card, or has not been a resident of 22
the state for the previous consecutive 90 days, the licensing 23
authority shall have up to 60 days to determine whether to issue a 24
license. No person shall qualify for a license under this section 25
without first receiving a federal firearms license and undergoing 26
fingerprinting and a background check. In addition, no person 27
ineligible to possess a firearm under RCW 9.41.040 or ineligible for 28
a concealed pistol license under RCW 9.41.070 shall qualify for a 29
dealer's license. 30
(b) A dealer shall require every employee who may sell a firearm 31
in the course of his or her employment to undergo fingerprinting and 32
a background check in advance of engaging in the sale or transfer of 33
firearms and to undergo a background check annually thereafter. An 34
employee must be at least 21 years of age, eligible to possess a 35
firearm, and must not have been convicted of a crime that would make 36
the person ineligible for a concealed pistol license, before being 37
permitted to sell a firearm. Every employee shall comply with 38
requirements concerning purchase applications and restrictions on 39
delivery of firearms that are applicable to dealers.40
p. 27 HB 1163
(6) As a condition of licensure, a dealer shall annually certify 1
to the licensing authority, in writing and under penalty of perjury, 2
that the dealer is in compliance with each licensure requirement 3
established in this section. 4
(7)(a) Except as otherwise provided in (b) of this subsection, 5
the business shall be carried on only in the building designated in 6
the license. For the purpose of this section, advertising firearms 7
for sale shall not be considered the carrying on of business.8
(b) A dealer may conduct business temporarily at a location other 9
than the building designated in the license, if the temporary 10
location is within Washington state and is the location of a gun show 11
sponsored by a national, state, or local organization, or an 12
affiliate of any such organization, devoted to the collection, 13
competitive use, or other sporting use of firearms in the community. 14
Nothing in this subsection (7)(b) authorizes a dealer to conduct 15
business in or from a motorized or towed vehicle. 16
In conducting business temporarily at a location other than the 17
building designated in the license, the dealer shall comply with all 18
other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 19
this section. The license of a dealer who fails to comply with the 20
requirements of RCW 9.41.080 and 9.41.090 and subsection (16) of this 21
section while conducting business at a temporary location shall be 22
revoked, and the dealer shall be permanently ineligible for a 23
dealer's license. 24
(8) The license or a copy thereof, certified by the issuing 25
authority, shall be displayed on the premises in the area where 26
firearms are sold, or at the temporary location, where it can easily 27
be read. 28
(9)(a) The business building location designated in the license 29
shall be secured: 30
(i) With at least one of the following features designed to 31
prevent unauthorized entry, which must be installed on each exterior 32
door and window of the place of business: 33
(A) Bars or grates; 34
(B) Security screens; or 35
(C) Commercial grade metal doors; and 36
(ii) With a security alarm system that is: 37
(A) Properly installed and maintained in good condition;38
(B) Monitored by a remote central station that can contact law 39
enforcement in the event of an alarm; 40
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(C) Capable of real-time monitoring of all exterior doors and 1
windows, and all areas where firearms are stored; and2
(D) Equipped with, at minimum, detectors that can perceive entry, 3
motion, and sound. 4
(b) It is not a violation of this subsection if any security 5
feature or system becomes temporarily inoperable through no fault of 6
the dealer. 7
(10)(a) Dealers shall secure each firearm during business hours, 8
except when the firearm is being shown to a customer, repaired, or 9
otherwise worked on, in a manner that prevents a customer or other 10
member of the public from accessing or using the firearm, which may 11
include keeping the firearm in a locked container or in a locked 12
display case. 13
(b) Other than during business hours, all firearms shall be 14
secured (i) on the dealer's business premises in a locked fireproof 15
safe or vault, (ii) in a room or building that meets all requirements 16
of subsection (9)(a) of this section, or (iii) in a secured and 17
locked area under the dealer's control while the dealer is conducting 18
business at a temporary location. 19
(11)(a) A dealer shall ensure that its business location 20
designated in the license is monitored by a digital video 21
surveillance system that meets all of the following requirements:22
(i) The system shall clearly record images and, for systems 23
located inside the premises, audio, of the area under surveillance;24
(ii) Each camera shall be permanently mounted in a fixed 25
location. Cameras shall be placed in locations that allow the camera 26
to clearly record activity occurring in all areas described in 27
(a)(iii) of this subsection and reasonably produce recordings that 28
allow for the clear identification of any person; 29
(iii) The areas recorded shall include, but are not limited to, 30
all of the following: 31
(A) Interior views of all exterior doors, windows, and any other 32
entries or exits to the premises; 33
(B) All areas where firearms are displayed; and34
(C) All points of sale, sufficient to identify the parties 35
involved in the transaction; 36
(iv) The system shall be capable of recording 24 hours per day at 37
a frame rate no less than 15 frames per second, and must either (A) 38
record continuously or (B) be activated by motion and remain active 39
for at least 15 seconds after motion ceases to be detected;40
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(v) The media or device on which recordings are stored shall be 1
secured in a manner to protect the recording from tampering, 2
unauthorized access or use, or theft; 3
(vi) Recordings shall be maintained for a minimum of 90 days for 4
all recordings of areas where firearms are displayed and points of 5
sale, and for a minimum of 45 days for all recordings of interior 6
views of exterior doors, windows, and any other entries or exits;7
(vii) Recorded images shall clearly and accurately display the 8
date and time; 9
(viii) The system shall be equipped with a failure notification 10
system that provides notification to the licensee of any interruption 11
or failure of the system or storage device. 12
(b) A licensed dealer shall not use, share, allow access to, or 13
otherwise release surveillance recordings, to any person except as 14
follows: 15
(i) A dealer shall allow access to the system or release 16
recordings to any person pursuant to search warrant or other court 17
order. 18
(ii) A dealer may allow access to the system or release 19
recordings to any person in response to an insurance claim or as part 20
of the civil discovery process including, but not limited to, in 21
response to subpoenas, request for production or inspection, or other 22
court order. 23
(c) The dealer shall post a sign in a conspicuous place at each 24
entrance to the premises that states in block letters not less than 25
one inch in height: "THESE PREMISES ARE UNDER VIDEO AND AUDIO 26
SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."27
(d) This section does not preclude any local authority or local 28
governing body from adopting or enforcing local laws or policies 29
regarding video surveillance that do not contradict or conflict with 30
the requirements of this section. 31
(e) It is not a violation of this subsection if the surveillance 32
system becomes temporarily inoperable through no fault of the dealer.33
(12) A dealer shall: 34
(a) Promptly review and respond to all requests from law 35
enforcement agencies and officers, including trace requests and 36
requests for documents and records, as soon as practicably possible 37
and no later than 24 hours after learning of the request;38
(b) Promptly notify local law enforcement agencies and the bureau 39
of alcohol, tobacco, firearms and explosives of any loss, theft, or 40
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unlawful transfer of any firearm or ammunition as soon as practicably 1
possible and no later than 24 hours after the dealer knows or should 2
know of the reportable event. 3
(13) A dealer shall: 4
(a) Establish and maintain a book, or if the dealer should 5
choose, an electronic-based record of purchase, sale, inventory, and 6
other records at the dealer's place of business and shall make all 7
such records available to law enforcement upon request. Such records 8
shall at a minimum include the make, model, caliber or gauge, 9
manufacturer's name, and serial number of all firearms that are 10
acquired or disposed of not later than one business day after their 11
acquisition or disposition; 12
(b) Maintain monthly backups of the records required by (a) of 13
this subsection in a secure container designed to prevent loss by 14
fire, theft, or flood. If the dealer chooses to maintain an 15
electronic-based record system, those records shall be backed up on 16
an external server or over the internet at the close of each business 17
day; 18
(c) Account for all firearms acquired but not yet disposed of 19
through an inventory check prepared each month and maintained in a 20
secure location; 21
(d) Maintain and make available at any time to government law 22
enforcement agencies and to the manufacturer of the weapon or its 23
designee, firearm disposition information, including the serial 24
numbers of firearms sold, dates of sale, and identity of purchasers;25
(e) Retain all bureau of alcohol, tobacco, firearms and 26
explosives form 4473 transaction records on the dealer's business 27
premises in a secure container designed to prevent loss by fire, 28
theft, or flood; 29
(f) Maintain for six years copies of trace requests received, 30
including notations for trace requests received by phone for six 31
years; 32
(g) Provide annual reporting to the Washington state attorney 33
general concerning trace requests, including at a minimum the 34
following: 35
(i) The total number of trace requests received;36
(ii) For each trace, the make and model of the gun and date of 37
sale; and 38
(iii) Whether the dealer was inspected by the bureau of alcohol, 39
tobacco, firearms and explosives, and copies of any reports of 40
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violations or letters received from the bureau of alcohol, tobacco, 1
firearms and explosives. 2
(14) The attorney general may create, publish, and require 3
firearm dealers to file a uniform form for all annual dealer reports 4
required by subsection (13)(g) of this section. 5
(15) A dealer shall carry a general liability insurance policy 6
providing at least $1,000,000 of coverage per incident.7
(16)(a) No firearm may be sold or transferred : (i) In violation 8
of any provisions of this chapter; nor (ii) under any circumstances 9
unless the purchaser or transferee is personally known to the dealer 10
or shall present clear evidence of his or her identity and the 11
purchaser or transferee presents a valid permit to purchase firearms.12
(b) A dealer who sells or delivers any firearm in violation of 13
RCW 9.41.080 is guilty of a class C felony. In addition to any other 14
penalty provided for by law, the dealer is subject to mandatory 15
permanent revocation of his or her dealer's license and permanent 16
ineligibility for a dealer's license. 17
(c) The license fee for pistols shall be one hundred twenty-five 18
dollars. The license fee for firearms other than pistols shall be one 19
hundred twenty-five dollars. The license fee for ammunition shall be 20
one hundred twenty-five dollars. Any dealer who obtains any license 21
under subsection (1), (2), or (3) of this section may also obtain the 22
remaining licenses without payment of any fee. The fees received 23
under this section shall be deposited in the state general fund.24
(17)(a) A true record shall be made of every ((pistol or 25
semiautomatic assault rifle )) firearm sold((, in a book kept for the 26
purpose, the form of which may be prescribed by the director of 27
licensing and shall be personally signed by the purchaser and by the 28
person effecting the sale, each in the presence of the other, and )) 29
or transferred, which shall contain the date of sale, the caliber, 30
make, model and manufacturer's number of the weapon, the name, 31
address, occupation, and place of birth of the purchaser or 32
transferee, the identification number of the purchaser's or 33
transferee's permit to purchase firearms, and a statement signed by 34
the purchaser or transferee that he or she is not ineligible under 35
state or federal law to possess a firearm. ((The dealer shall retain 36
the transfer record for six years.))37
(b) The dealer shall transmit the information from the firearm 38
transfer application , and the information from the sale or transfer 39
record, through secure automated firearms e-check (SAFE) to the 40
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Washington state patrol firearms background check program. The 1
Washington state patrol firearms background check program shall 2
transmit the application information for ((pistol and semiautomatic 3
assault rifle )) firearm transfer applications and firearm sale or 4
transfer records to the director of licensing daily. ((The original 5
application shall be retained by the dealer for six years.))6
(18) Subsections (2) through (17) of this section shall not apply 7
to sales at wholesale. 8
(19) Subsections (6) and (9) through (15) of this section shall 9
not apply to dealers with a sales volume of $1,000 or less per month 10
on average over the preceding 12 months. A dealer that previously 11
operated under this threshold and subsequently exceeds it must comply 12
with the requirements of subsections (6) and (9) through (15) of this 13
section within one year of exceeding the threshold.14
(20) The dealer's licenses authorized to be issued by this 15
section are general licenses covering all sales by the licensee 16
within the effective period of the licenses. The department shall 17
provide a single application form for dealer's licenses and a single 18
license form which shall indicate the type or types of licenses 19
granted. 20
(21) Except as otherwise provided in this chapter, every city, 21
town, and political subdivision of this state is prohibited from 22
requiring the purchaser to secure a permit to purchase or from 23
requiring the dealer to secure an individual permit for each sale.24
Sec. 14. RCW 9.41.129 and 2019 c 3 s 14 are each amended to read 25
as follows: 26
The department of licensing shall keep copies or records of 27
applications for concealed pistol licenses provided for in RCW 28
9.41.070, copies or records of applications for alien firearm 29
licenses, copies or records of applications ((to)) for the purchase 30
((pistols or semiautomatic assault rifles )) or transfer of firearms 31
provided for in RCW 9.41.090, and copies or records of ((pistol or 32
semiautomatic assault rifle )) firearm transfers provided for in RCW 33
9.41.110. The copies and records shall not be disclosed except as 34
provided in RCW 42.56.240(4). 35
Sec. 15. RCW 9.41.270 and 1994 sp.s. c 7 s 426 are each amended 36
to read as follows: 37
p. 33 HB 1163
(1) It shall be unlawful for any person to carry, exhibit, 1
display, or draw any firearm, dagger, sword, knife or other cutting 2
or stabbing instrument, club, or any other weapon apparently capable 3
of producing bodily harm, in a manner, under circumstances, and at a 4
time and place that either manifests an intent to intimidate another 5
or that warrants alarm for the safety of other persons.6
(2) Any person violating the provisions of subsection (1) above 7
shall be guilty of a gross misdemeanor. If any person is convicted of 8
a violation of subsection (1) of this section, the person shall lose 9
his or her concealed pistol license and permit to purchase firearms , 10
if any. The court shall send notice of the required revocation of any 11
concealed pistol license to the department of licensing, and the 12
city, town, or county which issued the license , and notice of the 13
required revocation of any permit to purchase firearms to the 14
Washington state patrol firearms background check program.15
(3) Subsection (1) of this section shall not apply to or affect 16
the following: 17
(a) Any act committed by a person while in his or her place of 18
abode or fixed place of business; 19
(b) Any person who by virtue of his or her office or public 20
employment is vested by law with a duty to preserve public safety, 21
maintain public order, or to make arrests for offenses, while in the 22
performance of such duty; 23
(c) Any person acting for the purpose of protecting himself or 24
herself against the use of presently threatened unlawful force by 25
another, or for the purpose of protecting another against the use of 26
such unlawful force by a third person; 27
(d) Any person making or assisting in making a lawful arrest for 28
the commission of a felony; or 29
(e) Any person engaged in military activities sponsored by the 30
federal or state governments. 31
Sec. 16. RCW 7.105.350 and 2021 c 215 s 47 are each amended to 32
read as follows: 33
(1) The clerk of the court shall enter any extreme risk 34
protection order, including temporary extreme risk protection orders, 35
issued under this chapter into a statewide judicial information 36
system on the same day such order is issued, if possible, but no 37
later than the next judicial day. 38
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(2) A copy of an extreme risk protection order granted under this 1
chapter, including temporary extreme risk protection orders, must be 2
forwarded immediately by the clerk of the court, by electronic means 3
if possible, to the law enforcement agency specified in the order. 4
Upon receipt of the order, the law enforcement agency shall 5
immediately enter the order into the national instant criminal 6
background check system, any other federal or state computer-based 7
systems used by law enforcement or others to identify prohibited 8
purchasers of firearms, and any computer-based criminal intelligence 9
information system available in this state used by law enforcement 10
agencies to list outstanding warrants. The order must remain in each 11
system for the period stated in the order, and the law enforcement 12
agency shall only expunge orders from the systems that have expired 13
or terminated. Entry into the computer-based criminal intelligence 14
information system constitutes notice to all law enforcement agencies 15
of the existence of the order. The order is fully enforceable in any 16
county in the state. 17
(3) The information entered into the computer-based criminal 18
intelligence information system must include notice to law 19
enforcement whether the order was personally served, served by 20
electronic means, served by publication, or served by mail.21
(4) If a law enforcement agency receives a protection order for 22
entry or service, but the order falls outside the agency's 23
jurisdiction, the agency may enter and serve the order or may 24
immediately forward it to the appropriate law enforcement agency for 25
entry and service, and shall provide documentation back to the court 26
verifying which law enforcement agency has entered and will serve the 27
order. 28
(5) The issuing court shall, within three judicial days after the 29
issuance of any extreme risk protection order, including a temporary 30
extreme risk protection order, forward a copy of the respondent's 31
driver's license or identicard, or comparable information, along with 32
the date of order issuance, to the department of licensing and the 33
Washington state patrol firearms background check program . Upon 34
receipt of the information, the department of licensing shall 35
determine if the respondent has a concealed pistol license. If the 36
respondent does have a concealed pistol license, the department of 37
licensing shall immediately notify a law enforcement agency that the 38
court has directed the revocation of the license. The law enforcement 39
agency, upon receipt of such notification, shall immediately revoke 40
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the license. Upon receipt of the information, the Washington state 1
patrol firearms background check program shall determine if the 2
respondent has a permit to purchase firearms. If the respondent does 3
have a permit to purchase firearms, the Washington state patrol 4
firearms background check program shall immediately revoke the 5
permit.6
(6) If an extreme risk protection order is terminated before its 7
expiration date, the clerk of the court shall forward on the same day 8
a copy of the termination order to the department of licensing and 9
the law enforcement agency specified in the termination order. Upon 10
receipt of the order, the law enforcement agency shall promptly 11
remove the order from any computer-based system in which it was 12
entered pursuant to subsection (2) of this section.13
Sec. 17. RCW 43.43.580 and 2024 c 289 s 7 are each amended to 14
read as follows: 15
(1) The Washington state patrol shall establish a firearms 16
background check program to serve as a centralized single point of 17
contact for dealers to conduct background checks for firearms sales 18
or transfers required under chapter 9.41 RCW and the federal Brady 19
handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The 20
Washington state patrol shall establish an automated firearms 21
background check system to conduct background checks on applicants 22
for the purchase or transfer of a firearm. The system must include 23
the following characteristics: 24
(a) Allow a dealer to contact the Washington state patrol through 25
a web portal or other electronic means and by telephone to request a 26
background check of an applicant for the purchase or transfer of a 27
firearm; 28
(b) Provide a dealer with a notification that a firearm purchase 29
or transfer application has been received; 30
(c) Assign a unique identifier to the background check inquiry;31
(d) Provide an automated response to the dealer indicating 32
whether the transfer may proceed or is denied, or that the check is 33
indeterminate and will require further investigation;34
(e) Include measures to ensure data integrity and the 35
confidentiality and security of all records and data transmitted and 36
received by the system; and 37
(f) Include a performance metrics tracking system to evaluate the 38
performance of the background check system. 39
p. 36 HB 1163
(2) Upon receipt of a request from a dealer for a background 1
check in connection with the sale or transfer of a firearm, the 2
Washington state patrol shall: 3
(a) Provide the dealer with a notification that a firearm 4
transfer application has been received; 5
(b) Conduct a check of the national instant criminal background 6
check system and the following additional records systems to 7
determine whether the transferee is prohibited from possessing a 8
firearm under state or federal law: (i) The Washington crime 9
information center and Washington state identification system; (ii) 10
the health care authority electronic database; (iii) the federal 11
bureau of investigation national data exchange database and any 12
available repository of statewide local law enforcement record 13
management systems information; (iv) the administrative office of the 14
courts case management system; and (v) other databases or resources 15
as appropriate; 16
(c) Perform an equivalency analysis on criminal charges in 17
foreign jurisdictions to determine if the applicant has been 18
convicted as defined in RCW 9.41.040(3) and if the offense is 19
equivalent to a Washington felony as defined in RCW 9.41.010;20
(d) Notify the dealer without delay that the records indicate the 21
individual is prohibited from possessing a firearm and the transfer 22
is denied or that the individual is approved to complete the 23
transfer. If the results of the background check are indeterminate, 24
the Washington state patrol shall notify the dealer of the delay and 25
conduct necessary research and investigation to resolve the inquiry; 26
and 27
(e) Provide the dealer with a unique identifier for the inquiry.28
(3) The Washington state patrol may hold the delivery of a 29
firearm to an applicant under the circumstances provided in RCW 30
9.41.090 (((4) and (5))) (3). 31
(4)(a) The Washington state patrol shall require a dealer to 32
charge each firearm purchaser or transferee a fee for performing 33
background checks in connection with firearms transfers. The fee must 34
be set at an amount necessary to cover the annual costs of operating 35
and maintaining the firearm background check system but shall not 36
exceed eighteen dollars. The Washington state patrol shall transmit 37
the fees collected to the state treasurer for deposit in the state 38
firearms background check system account created in RCW 43.43.590. 39
((It is the intent of the legislature that once the state firearm 40
p. 37 HB 1163
background check system is established, the fee established in this 1
section will replace the fee required in RCW 9.41.090(7).))2
(b) The background check fee required under this subsection does 3
not apply to any background check conducted in connection with a 4
pawnbroker's receipt of a pawned firearm or the redemption of a 5
pawned firearm. 6
(5) The Washington state patrol shall establish a procedure for a 7
person who has been denied a firearms transfer as the result of a 8
background check to appeal the denial to the Washington state patrol 9
and to obtain information on the basis for the denial and procedures 10
to review and correct any erroneous records that led to the denial.11
(6) The Washington state patrol shall work with the 12
administrative office of the courts to build a link between the 13
firearm background check system and the administrative office of the 14
courts case management system for the purpose of accessing court 15
records to determine a person's eligibility to possess a firearm.16
(7) Upon establishment of the firearm background check system 17
under this section, the Washington state patrol shall notify each 18
dealer in the state of the existence of the system, and the dealer 19
must use the system to conduct background checks for firearm sales or 20
transfers beginning on the date that is thirty days after issuance of 21
the notification. 22
(8) The Washington state patrol shall consult with the Washington 23
background check advisory board created in RCW 43.43.585 in carrying 24
out its duties under this section. 25
(9) No later than July 1, 2025, and annually thereafter, the 26
Washington state patrol firearms background check program shall 27
report to the appropriate committees of the legislature the average 28
time between receipt of request for a background check and final 29
decision. 30
(10) All records and information prepared, obtained, used, or 31
retained by the Washington state patrol in connection with a request 32
for a firearm background check are exempt from public inspection and 33
copying under chapter 42.56 RCW. 34
(11) The Washington state patrol may adopt rules necessary to 35
carry out the purposes of this section. 36
(12) For the purposes of this section, "dealer" has the same 37
meaning as given in RCW 9.41.010. 38
p. 38 HB 1163
NEW SECTION. Sec. 18. If any provision of this act or its 1
application to any person or circumstance is held invalid, the 2
remainder of the act or the application of the provision to other 3
persons or circumstances is not affected.4
NEW SECTION. Sec. 19. This act takes effect November 1, 2026.5
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