Firearms background checks

AN ACT Relating to firearms background check; amending RCW 1
43.43.580 and 43.43.580; providing an effective date; and providing 2
an expiration date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.43.580 and 2024 c 289 s 7 are each amended to 5
read as follows: 6
(1) The Washington state patrol shall establish a firearms 7
background check program to serve as a centralized single point of 8
contact for dealers to conduct background checks for firearms sales 9
or transfers required under chapter 9.41 RCW and the federal Brady 10
handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The 11
Washington state patrol shall establish an automated firearms 12
background check system to conduct background checks on applicants 13
for the purchase or transfer of a firearm. The system must include 14
the following characteristics: 15
(a) Allow a dealer to contact the Washington state patrol through 16
a web portal or other electronic means and by telephone to request a 17
background check of an applicant for the purchase or transfer of a 18
firearm; 19
(b) Provide a dealer with a notification that a firearm purchase 20
or transfer application has been received; 21
Z-0581.1
HOUSE BILL 2521
State of Washington 69th Legislature 2026 Regular Session
By Representatives Ormsby, Berry, Parshley, Pollet, Leavitt, and
Donaghy; by request of Washington State Patrol
Read first time 01/16/26. Referred to Committee on Appropriations.
p. 1 HB 2521
(c) Assign a unique identifier to the background check inquiry;1
(d) Provide an automated response to the dealer indicating 2
whether the transfer may proceed or is denied, or that the check is 3
indeterminate and will require further investigation;4
(e) Include measures to ensure data integrity and the 5
confidentiality and security of all records and data transmitted and 6
received by the system; and 7
(f) Include a performance metrics tracking system to evaluate the 8
performance of the background check system. 9
(2) Upon receipt of a request from a dealer for a background 10
check in connection with the sale or transfer of a firearm, the 11
Washington state patrol shall: 12
(a) Provide the dealer with a notification that a firearm 13
transfer application has been received; 14
(b) Conduct a check of the national instant criminal background 15
check system and the following additional records systems to 16
determine whether the transferee is prohibited from possessing a 17
firearm under state or federal law: (i) The Washington crime 18
information center and Washington state identification system; (ii) 19
the health care authority electronic database; (iii) the federal 20
bureau of investigation national data exchange database and any 21
available repository of statewide local law enforcement record 22
management systems information; (iv) the administrative office of the 23
courts case management system; and (v) other databases or resources 24
as appropriate; 25
(c) Perform an equivalency analysis on criminal charges in 26
foreign jurisdictions to determine if the applicant has been 27
convicted as defined in RCW 9.41.040(3) and if the offense is 28
equivalent to a Washington felony as defined in RCW 9.41.010;29
(d) Notify the dealer without delay that the records indicate the 30
individual is prohibited from possessing a firearm and the transfer 31
is denied or that the individual is approved to complete the 32
transfer. If the results of the background check are indeterminate, 33
the Washington state patrol shall notify the dealer of the delay and 34
conduct necessary research and investigation to resolve the inquiry; 35
and 36
(e) Provide the dealer with a unique identifier for the inquiry.37
(3) The Washington state patrol may hold the delivery of a 38
firearm to an applicant under the circumstances provided in RCW 39
9.41.090 (4) and (5). 40
p. 2 HB 2521
(4)(a) The Washington state patrol shall require a dealer to 1
charge each firearm purchaser or transferee a fee for performing 2
background checks in connection with firearms transfers . The fee must 3
be set at an amount reasonably calculated to cover the direct and 4
indirect costs to the Washington state patrol incurred in 5
administering the firearm background check program . ((The fee must be 6
set at an amount necessary to cover the annual costs of operating and 7
maintaining the firearm background check system but shall not exceed 8
eighteen dollars. )) The Washington state patrol shall transmit the 9
fees collected to the state treasurer for deposit in the state 10
firearms background check system account created in RCW 43.43.590. It 11
is the intent of the legislature that once the state firearm 12
background check system is established, the fee established in this 13
section will replace the fee required in RCW 9.41.090(7).14
(b) The background check fee required under this subsection does 15
not apply to any background check conducted in connection with a 16
pawnbroker's receipt of a pawned firearm or the redemption of a 17
pawned firearm. 18
(5) The Washington state patrol shall establish a procedure for a 19
person who has been denied a firearms transfer as the result of a 20
background check to appeal the denial to the Washington state patrol 21
and to obtain information on the basis for the denial and procedures 22
to review and correct any erroneous records that led to the denial.23
(6) The Washington state patrol shall work with the 24
administrative office of the courts to build a link between the 25
firearm background check system and the administrative office of the 26
courts case management system for the purpose of accessing court 27
records to determine a person's eligibility to possess a firearm.28
(7) Upon establishment of the firearm background check system 29
under this section, the Washington state patrol shall notify each 30
dealer in the state of the existence of the system, and the dealer 31
must use the system to conduct background checks for firearm sales or 32
transfers beginning on the date that is thirty days after issuance of 33
the notification. 34
(8) The Washington state patrol shall consult with the Washington 35
background check advisory board created in RCW 43.43.585 in carrying 36
out its duties under this section. 37
(9) No later than July 1, 2025, and annually thereafter, the 38
Washington state patrol firearms background check program shall 39
report to the appropriate committees of the legislature the average 40
p. 3 HB 2521
time between receipt of request for a background check and final 1
decision. 2
(10) All records and information prepared, obtained, used, or 3
retained by the Washington state patrol in connection with a request 4
for a firearm background check are exempt from public inspection and 5
copying under chapter 42.56 RCW. 6
(11) The Washington state patrol may adopt rules necessary to 7
carry out the purposes of this section. 8
(12) For the purposes of this section, "dealer" has the same 9
meaning as given in RCW 9.41.010. 10
Sec. 2. RCW 43.43.580 and 2025 c 370 s 17 are each amended to 11
read as follows: 12
(1) The Washington state patrol shall establish a firearms 13
background check program to serve as a centralized single point of 14
contact for dealers to conduct background checks for firearms sales 15
or transfers required under chapter 9.41 RCW and the federal Brady 16
handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The 17
Washington state patrol shall establish an automated firearms 18
background check system to conduct background checks on applicants 19
for the purchase or transfer of a firearm. The system must include 20
the following characteristics: 21
(a) Allow a dealer to contact the Washington state patrol through 22
a web portal or other electronic means and by telephone to request a 23
background check of an applicant for the purchase or transfer of a 24
firearm; 25
(b) Provide a dealer with a notification that a firearm purchase 26
or transfer application has been received; 27
(c) Assign a unique identifier to the background check inquiry;28
(d) Provide an automated response to the dealer indicating 29
whether the transfer may proceed or is denied, or that the check is 30
indeterminate and will require further investigation;31
(e) Include measures to ensure data integrity and the 32
confidentiality and security of all records and data transmitted and 33
received by the system; and 34
(f) Include a performance metrics tracking system to evaluate the 35
performance of the background check system. 36
(2) Upon receipt of a request from a dealer for a background 37
check in connection with the sale or transfer of a firearm, the 38
Washington state patrol shall: 39
p. 4 HB 2521
(a) Provide the dealer with a notification that a firearm 1
transfer application has been received; 2
(b) Conduct a check of the national instant criminal background 3
check system and the following additional records systems to 4
determine whether the transferee is prohibited from possessing a 5
firearm under state or federal law: (i) The Washington crime 6
information center and Washington state identification system; (ii) 7
the health care authority electronic database; (iii) the federal 8
bureau of investigation national data exchange database and any 9
available repository of statewide local law enforcement record 10
management systems information; (iv) the administrative office of the 11
courts case management system; and (v) other databases or resources 12
as appropriate; 13
(c) Perform an equivalency analysis on criminal charges in 14
foreign jurisdictions to determine if the applicant has been 15
convicted as defined in RCW 9.41.040(3) and if the offense is 16
equivalent to a Washington felony as defined in RCW 9.41.010;17
(d) Notify the dealer without delay that the records indicate the 18
individual is prohibited from possessing a firearm and the transfer 19
is denied or that the individual is approved to complete the 20
transfer. If the results of the background check are indeterminate, 21
the Washington state patrol shall notify the dealer of the delay and 22
conduct necessary research and investigation to resolve the inquiry; 23
and 24
(e) Provide the dealer with a unique identifier for the inquiry.25
(3) The Washington state patrol may hold the delivery of a 26
firearm to an applicant under the circumstances provided in RCW 27
9.41.090(3). 28
(4)(a) The Washington state patrol shall require a dealer to 29
charge each firearm purchaser or transferee a fee for performing 30
background checks in connection with firearms transfers . The fee must 31
be set at an amount reasonably calculated to cover the direct and 32
indirect costs to the Washington state patrol incurred in 33
administering the firearm background check program . ((The fee must be 34
set at an amount necessary to cover the annual costs of operating and 35
maintaining the firearm background check system but shall not exceed 36
eighteen dollars. )) The Washington state patrol shall transmit the 37
fees collected to the state treasurer for deposit in the state 38
firearms background check system account created in RCW 43.43.590.39
p. 5 HB 2521
(b) The background check fee required under this subsection does 1
not apply to any background check conducted in connection with a 2
pawnbroker's receipt of a pawned firearm or the redemption of a 3
pawned firearm. 4
(5) The Washington state patrol shall establish a procedure for a 5
person who has been denied a firearms transfer as the result of a 6
background check to appeal the denial to the Washington state patrol 7
and to obtain information on the basis for the denial and procedures 8
to review and correct any erroneous records that led to the denial.9
(6) The Washington state patrol shall work with the 10
administrative office of the courts to build a link between the 11
firearm background check system and the administrative office of the 12
courts case management system for the purpose of accessing court 13
records to determine a person's eligibility to possess a firearm.14
(7) Upon establishment of the firearm background check system 15
under this section, the Washington state patrol shall notify each 16
dealer in the state of the existence of the system, and the dealer 17
must use the system to conduct background checks for firearm sales or 18
transfers beginning on the date that is thirty days after issuance of 19
the notification. 20
(8) The Washington state patrol shall consult with the Washington 21
background check advisory board created in RCW 43.43.585 in carrying 22
out its duties under this section. 23
(9) No later than July 1, 2025, and annually thereafter, the 24
Washington state patrol firearms background check program shall 25
report to the appropriate committees of the legislature the average 26
time between receipt of request for a background check and final 27
decision. 28
(10) All records and information prepared, obtained, used, or 29
retained by the Washington state patrol in connection with a request 30
for a firearm background check are exempt from public inspection and 31
copying under chapter 42.56 RCW. 32
(11) The Washington state patrol may adopt rules necessary to 33
carry out the purposes of this section. 34
(12) For the purposes of this section, "dealer" has the same 35
meaning as given in RCW 9.41.010. 36
NEW SECTION. Sec. 3. Section 1 of this act expires May 1, 2027.37
p. 6 HB 2521
NEW SECTION. Sec. 4. Section 2 of this act takes effect May 1, 1
2027.2
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p. 7 HB 2521