Firearms/individual right

AN ACT Relating to rights of individuals to bear arms; reenacting 1
and amending RCW 9.41.010; creating a new section; repealing RCW 2
9.41.390, 9.41.395, and 7.48.330; and repealing 2023 c 162 s 1 and 3
2023 c 163 s 1 (uncodified). 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that both the Second 6
Amendment to the United States Constitution, and Article 1, section 7
24 of the Washington state Constitution, protect the right of 8
individuals to bear arms in defense of themselves and shall not be 9
impaired. As such, any law adopted by the state that creates firearms 10
industry members' liability, or that bans a particular type of 11
firearm is deemed unconstitutional. Such laws are held ineffective, 12
void, and unenforceable.13
Sec. 2. RCW 9.41.010 and 2024 c 289 s 1 and 2024 c 62 s 32 are 14
each reenacted and amended to read as follows: 15
Unless the context clearly requires otherwise, the definitions in 16
this section apply throughout this chapter. 17
(1) "Antique firearm" means a firearm or replica of a firearm not 18
designed or redesigned for using rim fire or conventional center fire 19
ignition with fixed ammunition and manufactured in or before 1898, 20
S-0154.1
SENATE BILL 5535
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato and Christian
Read first time 01/28/25. Referred to Committee on Law & Justice.
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including any matchlock, flintlock, percussion cap, or similar type 1
of ignition system and also any firearm using fixed ammunition 2
manufactured in or before 1898, for which ammunition is no longer 3
manufactured in the United States and is not readily available in the 4
ordinary channels of commercial trade. 5
(2)(((a) "Assault weapon" means:6
(i) Any of the following specific firearms regardless of which 7
company produced and manufactured the firearm:8
9 AK-47 in all forms
10 AK-74 in all forms
11 Algimec AGM-1 type semiautomatic
12 American Arms Spectre da semiautomatic carbine
13 AR15, M16, or M4 in all forms
14 AR 180 type semiautomatic
15 Argentine L.S.R. semiautomatic
16 Australian Automatic
17 Auto-Ordnance Thompson M1 and 1927 semiautomatics
18 Barrett .50 cal light semiautomatic
19 Barrett .50 cal M87
20 Barrett .50 cal M107A1
21 Barrett REC7
22 Beretta AR70/S70 type semiautomatic
23 Bushmaster Carbon 15
24 Bushmaster ACR
25 Bushmaster XM-15
26 Bushmaster MOE
27 Calico models M100 and M900
28 CETME Sporter
29 CIS SR 88 type semiautomatic
30 Colt CAR 15
31 Daewoo K-1
32 Daewoo K-2
33 Dragunov semiautomatic
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1 Fabrique Nationale FAL in all forms
2 Fabrique Nationale F2000
3 Fabrique Nationale L1A1 Sporter
4 Fabrique Nationale M249S
5 Fabrique Nationale PS90
6 Fabrique Nationale SCAR
7 FAMAS .223 semiautomatic
8 Galil
9 Heckler & Koch G3 in all forms
10 Heckler & Koch HK-41/91
11 Heckler & Koch HK-43/93
12 Heckler & Koch HK94A2/3
13 Heckler & Koch MP-5 in all forms
14 Heckler & Koch PSG-1
15 Heckler & Koch SL8
16 Heckler & Koch UMP
17 Manchester Arms Commando MK-45
18 Manchester Arms MK-9
19 SAR-4800
20 SIG AMT SG510 in all forms
21 SIG SG550 in all forms
22 SKS
23 Spectre M4
24 Springfield Armory BM-59
25 Springfield Armory G3
26 Springfield Armory SAR-8
27 Springfield Armory SAR-48
28 Springfield Armory SAR-3
29 Springfield Armory M-21 sniper
30 Springfield Armory M1A
31 Smith & Wesson M&P 15
32 Sterling Mk 1
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1 Sterling Mk 6/7
2 Steyr AUG
3 TNW M230
4 FAMAS F11
5 Uzi 9mm carbine/rifle
(ii) A semiautomatic rifle that has an overall length of less 6
than 30 inches;7
(iii) A conversion kit, part, or combination of parts, from which 8
an assault weapon can be assembled or from which a firearm can be 9
converted into an assault weapon if those parts are in the possession 10
or under the control of the same person; or11
(iv) A semiautomatic, center fire rifle that has the capacity to 12
accept a detachable magazine and has one or more of the following:13
(A) A grip that is independent or detached from the stock that 14
protrudes conspicuously beneath the action of the weapon. The 15
addition of a fin attaching the grip to the stock does not exempt the 16
grip if it otherwise resembles the grip found on a pistol;17
(B) Thumbhole stock;18
(C) Folding or telescoping stock;19
(D) Forward pistol, vertical, angled, or other grip designed for 20
use by the nonfiring hand to improve control;21
(E) Flash suppressor, flash guard, flash eliminator, flash hider, 22
sound suppressor, silencer, or any item designed to reduce the visual 23
or audio signature of the firearm;24
(F) Muzzle brake, recoil compensator, or any item designed to be 25
affixed to the barrel to reduce recoil or muzzle rise;26
(G) Threaded barrel designed to attach a flash suppressor, sound 27
suppressor, muzzle break, or similar item;28
(H) Grenade launcher or flare launcher; or29
(I) A shroud that encircles either all or part of the barrel 30
designed to shield the bearer's hand from heat, except a solid 31
forearm of a stock that covers only the bottom of the barrel;32
(v) A semiautomatic, center fire rifle that has a fixed magazine 33
with the capacity to accept more than 10 rounds;34
(vi) A semiautomatic pistol that has the capacity to accept a 35
detachable magazine and has one or more of the following:36
(A) A threaded barrel, capable of accepting a flash suppressor, 37
forward handgrip, or silencer;38
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(B) A second hand grip;1
(C) A shroud that encircles either all or part of the barrel 2
designed to shield the bearer's hand from heat, except a solid 3
forearm of a stock that covers only the bottom of the barrel; or4
(D) The capacity to accept a detachable magazine at some location 5
outside of the pistol grip;6
(vii) A semiautomatic shotgun that has any of the following:7
(A) A folding or telescoping stock;8
(B) A grip that is independent or detached from the stock that 9
protrudes conspicuously beneath the action of the weapon. The 10
addition of a fin attaching the grip to the stock does not exempt the 11
grip if it otherwise resembles the grip found on a pistol;12
(C) A thumbhole stock;13
(D) A forward pistol, vertical, angled, or other grip designed 14
for use by the nonfiring hand to improve control;15
(E) A fixed magazine in excess of seven rounds; or16
(F) A revolving cylinder shotgun.17
(b) For the purposes of this subsection, "fixed magazine" means 18
an ammunition feeding device contained in, or permanently attached 19
to, a firearm in such a manner that the device cannot be removed 20
without disassembly of the firearm action.21
(c) "Assault weapon" does not include antique firearms, any 22
firearm that has been made permanently inoperable, or any firearm 23
that is manually operated by bolt, pump, lever, or slide action.24
(3))) "Assemble" means to fit together component parts.25
(((4))) (3) "Barrel length" means the distance from the bolt face 26
of a closed action down the length of the axis of the bore to the 27
crown of the muzzle, or in the case of a barrel with attachments to 28
the end of any legal device permanently attached to the end of the 29
muzzle. 30
(((5))) (4) "Bump-fire stock" means a butt stock designed to be 31
attached to a semiautomatic firearm with the effect of increasing the 32
rate of fire achievable with the semiautomatic firearm to that of a 33
fully automatic firearm by using the energy from the recoil of the 34
firearm to generate reciprocating action that facilitates repeated 35
activation of the trigger. 36
(((6))) (5) "Conviction" or "convicted" means, whether in an 37
adult court or adjudicated in a juvenile court, that a plea of guilty 38
has been accepted or a verdict of guilty has been filed, or a finding 39
of guilt has been entered, notwithstanding the pendency of any future 40
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proceedings including, but not limited to, sentencing or disposition, 1
posttrial or post-fact-finding motions, and appeals. "Conviction" 2
includes a dismissal entered after a period of probation, suspension, 3
or deferral of sentence, and also includes equivalent dispositions by 4
courts in jurisdictions other than Washington state.5
(((7))) (6) "Crime of violence" means: 6
(a) Any of the following felonies, as now existing or hereafter 7
amended: Any felony defined under any law as a class A felony or an 8
attempt to commit a class A felony, criminal solicitation of or 9
criminal conspiracy to commit a class A felony, manslaughter in the 10
first degree, manslaughter in the second degree, indecent liberties 11
if committed by forcible compulsion, kidnapping in the second degree, 12
arson in the second degree, assault in the second degree, assault of 13
a child in the second degree, extortion in the first degree, burglary 14
in the second degree, residential burglary, and robbery in the second 15
degree; 16
(b) Any conviction for a felony offense in effect at any time 17
prior to June 6, 1996, which is comparable to a felony classified as 18
a crime of violence in (a) of this subsection; and19
(c) Any federal or out-of-state conviction for an offense 20
comparable to a felony classified as a crime of violence under (a) or 21
(b) of this subsection. 22
(((8))) (7) "Curio or relic" has the same meaning as provided in 23
27 C.F.R. Sec. 478.11. 24
(((9))) (8) "Dealer" means a person engaged in the business of 25
selling firearms at wholesale or retail who has, or is required to 26
have, a federal firearms license under 18 U.S.C. Sec. 923 (a). A 27
person who does not have, and is not required to have, a federal 28
firearms license under 18 U.S.C. Sec. 923 (a), is not a dealer if that 29
person makes only occasional sales, exchanges, or purchases of 30
firearms for the enhancement of a personal collection or for a hobby, 31
or sells all or part of his or her personal collection of firearms.32
(((10) "Detachable magazine" means an ammunition feeding device 33
that can be loaded or unloaded while detached from a firearm and 34
readily inserted into a firearm.35
(11))) (9) "Distribute" means to give out, provide, make 36
available, or deliver a firearm or large capacity magazine to any 37
person in this state, with or without consideration, whether the 38
distributor is in-state or out-of-state. "Distribute" includes, but 39
is not limited to, filling orders placed in this state, online or 40
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otherwise. "Distribute" also includes causing a firearm or large 1
capacity magazine to be delivered in this state. 2
(((12))) (10) "Domestic violence" has the same meaning as 3
provided in RCW 10.99.020. 4
(((13))) (11) "Family or household member" has the same meaning 5
as in RCW 7.105.010. 6
(((14))) (12) "Federal firearms dealer" means a licensed dealer 7
as defined in 18 U.S.C. Sec. 921(a)(11). 8
(((15))) (13) "Federal firearms importer" means a licensed 9
importer as defined in 18 U.S.C. Sec. 921(a)(9). 10
(((16))) (14) "Federal firearms manufacturer" means a licensed 11
manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).12
(((17))) (15) "Felony" means any felony offense under the laws of 13
this state or any federal or out-of-state offense comparable to a 14
felony offense under the laws of this state. 15
(((18))) (16) "Felony firearm offender" means a person who has 16
previously been convicted or found not guilty by reason of insanity 17
in this state of any felony firearm offense. A person is not a felony 18
firearm offender under this chapter if any and all qualifying 19
offenses have been the subject of an expungement, pardon, annulment, 20
certificate, or rehabilitation, or other equivalent procedure based 21
on a finding of the rehabilitation of the person convicted or a 22
pardon, annulment, or other equivalent procedure based on a finding 23
of innocence. 24
(((19))) (17) "Felony firearm offense" means: 25
(a) Any felony offense that is a violation of this chapter;26
(b) A violation of RCW 9A.36.045; 27
(c) A violation of RCW 9A.56.300; 28
(d) A violation of RCW 9A.56.310; 29
(e) Any felony offense if the offender was armed with a firearm 30
in the commission of the offense. 31
(((20))) (18) "Firearm" means a weapon or device from which a 32
projectile or projectiles may be fired by an explosive such as 33
gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes 34
frames and receivers. "Firearm" does not include a flare gun or other 35
pyrotechnic visual distress signaling device, or a powder-actuated 36
tool or other device designed solely to be used for construction 37
purposes. 38
(((21))) (19)(a) "Frame or receiver" means a part of a firearm 39
that, when the complete firearm is assembled, is visible from the 40
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exterior and provides housing or a structure designed to hold or 1
integrate one or more fire control components, even if pins or other 2
attachments are required to connect the fire control components. Any 3
such part identified with a serial number shall be presumed, absent 4
an official determination by the bureau of alcohol, tobacco, 5
firearms, and explosives or other reliable evidence to the contrary, 6
to be a frame or receiver. 7
(b) For purposes of this subsection, "fire control component" 8
means a component necessary for the firearm to initiate, complete, or 9
continue the firing sequence, including any of the following: Hammer, 10
bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing 11
pin, striker, or slide rails. 12
(((22))) (20) "Gun" has the same meaning as firearm.13
(((23))) (21) "Import" means to move, transport, or receive an 14
item from a place outside the territorial limits of the state of 15
Washington to a place inside the territorial limits of the state of 16
Washington. "Import" does not mean situations where an individual 17
possesses a large capacity magazine ((or assault weapon )) when 18
departing from, and returning to, Washington state, so long as the 19
individual is returning to Washington in possession of the same large 20
capacity magazine ((or assault weapon )) the individual transported 21
out of state. 22
(((24))) (22) "Intimate partner" has the same meaning as provided 23
in RCW 7.105.010. 24
(((25))) (23) "Large capacity magazine" means an ammunition 25
feeding device with the capacity to accept more than 10 rounds of 26
ammunition, or any conversion kit, part, or combination of parts, 27
from which such a device can be assembled if those parts are in 28
possession of or under the control of the same person, but shall not 29
be construed to include any of the following: 30
(a) An ammunition feeding device that has been permanently 31
altered so that it cannot accommodate more than 10 rounds of 32
ammunition; 33
(b) A 22 caliber tube ammunition feeding device; or34
(c) A tubular magazine that is contained in a lever-action 35
firearm. 36
(((26))) (24) "Law enforcement officer" includes a general 37
authority Washington peace officer as defined in RCW 10.93.020, or a 38
specially commissioned Washington peace officer as defined in RCW 39
10.93.020. "Law enforcement officer" also includes a limited 40
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authority Washington peace officer as defined in RCW 10.93.020 if 1
such officer is duly authorized by his or her employer to carry a 2
concealed pistol. 3
(((27))) (25) "Lawful permanent resident" has the same meaning 4
afforded a person "lawfully admitted for permanent residence" in 8 5
U.S.C. Sec. 1101(a)(20). 6
(((28))) (26) "Licensed collector" means a person who is 7
federally licensed under 18 U.S.C. Sec. 923(b). 8
(((29))) (27) "Licensed dealer" means a person who is federally 9
licensed under 18 U.S.C. Sec. 923(a). 10
(((30))) (28) "Loaded" means: 11
(a) There is a cartridge in the chamber of the firearm;12
(b) Cartridges are in a clip that is locked in place in the 13
firearm; 14
(c) There is a cartridge in the cylinder of the firearm, if the 15
firearm is a revolver; 16
(d) There is a cartridge in the tube or magazine that is inserted 17
in the action; or 18
(e) There is a ball in the barrel and the firearm is capped or 19
primed if the firearm is a muzzle loader. 20
(((31))) (29) "Machine gun" means any firearm known as a machine 21
gun, mechanical rifle, submachine gun, or any other mechanism or 22
instrument not requiring that the trigger be pressed for each shot 23
and having a reservoir clip, disc, drum, belt, or other separable 24
mechanical device for storing, carrying, or supplying ammunition 25
which can be loaded into the firearm, mechanism, or instrument, and 26
fired therefrom at the rate of five or more shots per second.27
(((32))) (30) "Manufacture" means, with respect to a firearm or 28
large capacity magazine, the fabrication, making, formation, 29
production, or construction of a firearm or large capacity magazine, 30
by manual labor or by machinery. 31
(((33))) (31) "Mental health professional" means a psychiatrist, 32
psychologist, or physician assistant working with a psychiatrist who 33
is acting as a participating physician as defined in RCW 18.71A.010, 34
psychiatric advanced registered nurse practitioner, psychiatric 35
nurse, social worker, mental health counselor, marriage and family 36
therapist, or such other mental health professionals as may be 37
defined in statute or by rules adopted by the department of health 38
pursuant to the provisions of chapter 71.05 RCW. 39
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(((34))) (32) "Nonimmigrant alien" means a person defined as such 1
in 8 U.S.C. Sec. 1101(a)(15). 2
(((35))) (33) "Person" means any individual, corporation, 3
company, association, firm, partnership, club, organization, society, 4
joint stock company, or other legal entity. 5
(((36))) (34) "Pistol" means any firearm with a barrel less than 6
16 inches in length, or is designed to be held and fired by the use 7
of a single hand. 8
(((37))) (35) "Rifle" means a weapon designed or redesigned, made 9
or remade, and intended to be fired from the shoulder and designed or 10
redesigned, made or remade, and intended to use the energy of the 11
explosive in a fixed metallic cartridge to fire only a single 12
projectile through a rifled bore for each single pull of the trigger.13
(((38))) (36) "Sale" and "sell" mean the actual approval of the 14
delivery of a firearm in consideration of payment or promise of 15
payment. 16
(((39))) (37) "Secure gun storage" means: 17
(a) A locked box, gun safe, or other secure locked storage space 18
that is designed to prevent unauthorized use or discharge of a 19
firearm; and 20
(b) The act of keeping an unloaded firearm stored by such means.21
(((40) "Semiautomatic" means any firearm which utilizes a portion 22
of the energy of a firing cartridge to extract the fired cartridge 23
case and chamber the next round, and which requires a separate pull 24
of the trigger to fire each cartridge.25
(41))) (38)(a) "Semiautomatic assault rifle" means any rifle 26
which utilizes a portion of the energy of a firing cartridge to 27
extract the fired cartridge case and chamber the next round, and 28
which requires a separate pull of the trigger to fire each cartridge.29
(b) "Semiautomatic assault rifle" does not include antique 30
firearms, any firearm that has been made permanently inoperable, or 31
any firearm that is manually operated by bolt, pump, lever, or slide 32
action. 33
(((42))) (39) "Serious offense" means any of the following 34
felonies or a felony attempt to commit any of the following felonies, 35
as now existing or hereafter amended: 36
(a) Any crime of violence; 37
(b) Any felony violation of the uniform controlled substances 38
act, chapter 69.50 RCW, that is classified as a class B felony or 39
that has a maximum term of imprisonment of at least 10 years;40
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(c) Child molestation in the second degree; 1
(d) Incest when committed against a child under age 14;2
(e) Indecent liberties; 3
(f) Leading organized crime; 4
(g) Promoting prostitution in the first degree;5
(h) Rape in the third degree; 6
(i) Drive-by shooting; 7
(j) Sexual exploitation; 8
(k) Vehicular assault, when caused by the operation or driving of 9
a vehicle by a person while under the influence of intoxicating 10
liquor or any drug or by the operation or driving of a vehicle in a 11
reckless manner; 12
(l) Vehicular homicide, when proximately caused by the driving of 13
any vehicle by any person while under the influence of intoxicating 14
liquor or any drug as defined by RCW 46.61.502, or by the operation 15
of any vehicle in a reckless manner; 16
(m) Any other class B felony offense with a finding of sexual 17
motivation, as "sexual motivation" is defined under RCW 9.94A.030;18
(n) Any other felony with a deadly weapon verdict under RCW 19
9.94A.825; 20
(o) Any felony offense in effect at any time prior to June 6, 21
1996, that is comparable to a serious offense, or any federal or out-22
of-state conviction for an offense that under the laws of this state 23
would be a felony classified as a serious offense;24
(p) Any felony conviction under RCW 9.41.115; or25
(q) Any felony charged under RCW 46.61.502(6) or 46.61.504(6).26
(((43))) (40) "Sex offense" has the same meaning as provided in 27
RCW 9.94A.030. 28
(((44))) (41) "Short-barreled rifle" means a rifle having one or 29
more barrels less than 16 inches in length and any weapon made from a 30
rifle by any means of modification if such modified weapon has an 31
overall length of less than 26 inches. 32
(((45))) (42) "Short-barreled shotgun" means a shotgun having one 33
or more barrels less than 18 inches in length and any weapon made 34
from a shotgun by any means of modification if such modified weapon 35
has an overall length of less than 26 inches. 36
(((46))) (43) "Shotgun" means a weapon with one or more barrels, 37
designed or redesigned, made or remade, and intended to be fired from 38
the shoulder and designed or redesigned, made or remade, and intended 39
to use the energy of the explosive in a fixed shotgun shell to fire 40
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through a smooth bore either a number of ball shot or a single 1
projectile for each single pull of the trigger. 2
(((47))) (44) "Substance use disorder professional" means a 3
person certified under chapter 18.205 RCW. 4
(((48))) (45) "Transfer" means the intended delivery of a firearm 5
to another person without consideration of payment or promise of 6
payment including, but not limited to, gifts and loans. "Transfer" 7
does not include the delivery of a firearm owned or leased by an 8
entity licensed or qualified to do business in the state of 9
Washington to, or return of such a firearm by, any of that entity's 10
employees or agents, defined to include volunteers participating in 11
an honor guard, for lawful purposes in the ordinary course of 12
business. 13
(((49))) (46) "Undetectable firearm" means any firearm that is 14
not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-15
through metal detectors or magnetometers commonly used at airports or 16
any firearm where the barrel, the slide or cylinder, or the frame or 17
receiver of the firearm would not generate an image that accurately 18
depicts the shape of the part when examined by the types of X-ray 19
machines commonly used at airports. 20
(((50))) (47)(a) "Unfinished frame or receiver" means a frame or 21
receiver that is partially complete, disassembled, or inoperable, 22
that: (i) Has reached a stage in manufacture where it may readily be 23
completed, assembled, converted, or restored to a functional state; 24
or (ii) is marketed or sold to the public to become or be used as the 25
frame or receiver of a functional firearm once finished or completed, 26
including without limitation products marketed or sold to the public 27
as an 80 percent frame or receiver or unfinished frame or receiver.28
(b) For purposes of this subsection: 29
(i) "Readily" means a process that is fairly or reasonably 30
efficient, quick, and easy, but not necessarily the most efficient, 31
speedy, or easy process. Factors relevant in making this 32
determination, with no single one controlling, include the following: 33
(A) Time, i.e., how long it takes to finish the process; (B) ease, 34
i.e., how difficult it is to do so; (C) expertise, i.e., what 35
knowledge and skills are required; (D) equipment, i.e., what tools 36
are required; (E) availability, i.e., whether additional parts are 37
required, and how easily they can be obtained; (F) expense, i.e., how 38
much it costs; (G) scope, i.e., the extent to which the subject of 39
the process must be changed to finish it; and (H) feasibility, i.e., 40
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whether the process would damage or destroy the subject of the 1
process, or cause it to malfunction. 2
(ii) "Partially complete," as it modifies frame or receiver, 3
means a forging, casting, printing, extrusion, machined body, or 4
similar article that has reached a stage in manufacture where it is 5
clearly identifiable as an unfinished component part of a firearm.6
(((51))) (48) "Unlicensed person" means any person who is not a 7
licensed dealer under this chapter. 8
(((52))) (49) "Untraceable firearm" means any firearm 9
manufactured after July 1, 2019, that is not an antique firearm and 10
that cannot be traced by law enforcement by means of a serial number 11
affixed to the firearm by a federal firearms manufacturer, federal 12
firearms importer, or federal firearms dealer in compliance with all 13
federal laws and regulations. 14
(((53))) (50) "Washington state patrol firearms background check 15
program" means the division within the state patrol that conducts 16
background checks for all firearm transfers and the disposition of 17
firearms. 18
NEW SECTION. Sec. 3. The following acts or parts of acts are 19
each repealed:20
(1) 2023 c 162 s 1 (uncodified); 21
(2) RCW 9.41.390 (Assault weapons —Manufacturing, importing, 22
distributing, selling prohibited —Exceptions—Penalty) and 2023 c 162 23
s 3; and 24
(3) RCW 9.41.395 (Assault weapons —Consumer protection act) and 25
2023 c 162 s 4. 26
NEW SECTION. Sec. 4. The following acts or parts of acts are 27
each repealed:28
(1) 2023 c 163 s 1 (uncodified); and 29
(2) RCW 7.48.330 (Firearm industry —Public nuisance) and 2023 c 30
163 s 2. 31
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