Imitation firearm labeling

AN ACT Relating to establishing state standards for the labeling 1
of imitation firearms sold inside Washington state; reenacting and 2
amending RCW 9.41.010; adding a new section to chapter 9.41 RCW; and 3
prescribing penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.41.010 and 2024 c 289 s 1 and 2024 c 62 s 32 are 6
each reenacted and amended to read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this chapter. 9
(1) "Antique firearm" means a firearm or replica of a firearm not 10
designed or redesigned for using rim fire or conventional center fire 11
ignition with fixed ammunition and manufactured in or before 1898, 12
including any matchlock, flintlock, percussion cap, or similar type 13
of ignition system and also any firearm using fixed ammunition 14
manufactured in or before 1898, for which ammunition is no longer 15
manufactured in the United States and is not readily available in the 16
ordinary channels of commercial trade. 17
(2)(a) "Assault weapon" means: 18
(i) Any of the following specific firearms regardless of which 19
company produced and manufactured the firearm: 20
S-0221.5
SENATE BILL 5735
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon and Valdez
p. 1 SB 5735
1 AK-47 in all forms
2 AK-74 in all forms
3 Algimec AGM-1 type semiautomatic
4 American Arms Spectre da semiautomatic carbine
5 AR15, M16, or M4 in all forms
6 AR 180 type semiautomatic
7 Argentine L.S.R. semiautomatic
8 Australian Automatic
9 Auto-Ordnance Thompson M1 and 1927 semiautomatics
10 Barrett .50 cal light semiautomatic
11 Barrett .50 cal M87
12 Barrett .50 cal M107A1
13 Barrett REC7
14 Beretta AR70/S70 type semiautomatic
15 Bushmaster Carbon 15
16 Bushmaster ACR
17 Bushmaster XM-15
18 Bushmaster MOE
19 Calico models M100 and M900
20 CETME Sporter
21 CIS SR 88 type semiautomatic
22 Colt CAR 15
23 Daewoo K-1
24 Daewoo K-2
25 Dragunov semiautomatic
26 Fabrique Nationale FAL in all forms
27 Fabrique Nationale F2000
28 Fabrique Nationale L1A1 Sporter
29 Fabrique Nationale M249S
30 Fabrique Nationale PS90
31 Fabrique Nationale SCAR
32 FAMAS .223 semiautomatic
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1 Galil
2 Heckler & Koch G3 in all forms
3 Heckler & Koch HK-41/91
4 Heckler & Koch HK-43/93
5 Heckler & Koch HK94A2/3
6 Heckler & Koch MP-5 in all forms
7 Heckler & Koch PSG-1
8 Heckler & Koch SL8
9 Heckler & Koch UMP
10 Manchester Arms Commando MK-45
11 Manchester Arms MK-9
12 SAR-4800
13 SIG AMT SG510 in all forms
14 SIG SG550 in all forms
15 SKS
16 Spectre M4
17 Springfield Armory BM-59
18 Springfield Armory G3
19 Springfield Armory SAR-8
20 Springfield Armory SAR-48
21 Springfield Armory SAR-3
22 Springfield Armory M-21 sniper
23 Springfield Armory M1A
24 Smith & Wesson M&P 15
25 Sterling Mk 1
26 Sterling Mk 6/7
27 Steyr AUG
28 TNW M230
29 FAMAS F11
30 Uzi 9mm carbine/rifle
(ii) A semiautomatic rifle that has an overall length of less 31
than 30 inches; 32
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(iii) A conversion kit, part, or combination of parts, from which 1
an assault weapon can be assembled or from which a firearm can be 2
converted into an assault weapon if those parts are in the possession 3
or under the control of the same person; or 4
(iv) A semiautomatic, center fire rifle that has the capacity to 5
accept a detachable magazine and has one or more of the following:6
(A) A grip that is independent or detached from the stock that 7
protrudes conspicuously beneath the action of the weapon. The 8
addition of a fin attaching the grip to the stock does not exempt the 9
grip if it otherwise resembles the grip found on a pistol;10
(B) Thumbhole stock; 11
(C) Folding or telescoping stock; 12
(D) Forward pistol, vertical, angled, or other grip designed for 13
use by the nonfiring hand to improve control; 14
(E) Flash suppressor, flash guard, flash eliminator, flash hider, 15
sound suppressor, silencer, or any item designed to reduce the visual 16
or audio signature of the firearm; 17
(F) Muzzle brake, recoil compensator, or any item designed to be 18
affixed to the barrel to reduce recoil or muzzle rise;19
(G) Threaded barrel designed to attach a flash suppressor, sound 20
suppressor, muzzle break, or similar item; 21
(H) Grenade launcher or flare launcher; or 22
(I) A shroud that encircles either all or part of the barrel 23
designed to shield the bearer's hand from heat, except a solid 24
forearm of a stock that covers only the bottom of the barrel;25
(v) A semiautomatic, center fire rifle that has a fixed magazine 26
with the capacity to accept more than 10 rounds; 27
(vi) A semiautomatic pistol that has the capacity to accept a 28
detachable magazine and has one or more of the following:29
(A) A threaded barrel, capable of accepting a flash suppressor, 30
forward handgrip, or silencer; 31
(B) A second hand grip; 32
(C) A shroud that encircles either all or part of the barrel 33
designed to shield the bearer's hand from heat, except a solid 34
forearm of a stock that covers only the bottom of the barrel; or35
(D) The capacity to accept a detachable magazine at some location 36
outside of the pistol grip; 37
(vii) A semiautomatic shotgun that has any of the following:38
(A) A folding or telescoping stock; 39
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(B) A grip that is independent or detached from the stock that 1
protrudes conspicuously beneath the action of the weapon. The 2
addition of a fin attaching the grip to the stock does not exempt the 3
grip if it otherwise resembles the grip found on a pistol;4
(C) A thumbhole stock; 5
(D) A forward pistol, vertical, angled, or other grip designed 6
for use by the nonfiring hand to improve control; 7
(E) A fixed magazine in excess of seven rounds; or8
(F) A revolving cylinder shotgun. 9
(b) For the purposes of this subsection, "fixed magazine" means 10
an ammunition feeding device contained in, or permanently attached 11
to, a firearm in such a manner that the device cannot be removed 12
without disassembly of the firearm action. 13
(c) "Assault weapon" does not include antique firearms, any 14
firearm that has been made permanently inoperable, or any firearm 15
that is manually operated by bolt, pump, lever, or slide action.16
(3) "Assemble" means to fit together component parts.17
(4) "Barrel length" means the distance from the bolt face of a 18
closed action down the length of the axis of the bore to the crown of 19
the muzzle, or in the case of a barrel with attachments to the end of 20
any legal device permanently attached to the end of the muzzle.21
(5) "BB device" means any instrument that expels a projectile, 22
such as a BB or pellet, not exceeding six millimeters caliber, 23
through the force of air pressure, gas pressure, or spring action, or 24
any spot marker gun.25
(6) "Bump-fire stock" means a butt stock designed to be attached 26
to a semiautomatic firearm with the effect of increasing the rate of 27
fire achievable with the semiautomatic firearm to that of a fully 28
automatic firearm by using the energy from the recoil of the firearm 29
to generate reciprocating action that facilitates repeated activation 30
of the trigger. 31
(((6))) (7) "Conviction" or "convicted" means, whether in an 32
adult court or adjudicated in a juvenile court, that a plea of guilty 33
has been accepted or a verdict of guilty has been filed, or a finding 34
of guilt has been entered, notwithstanding the pendency of any future 35
proceedings including, but not limited to, sentencing or disposition, 36
posttrial or post-fact-finding motions, and appeals. "Conviction" 37
includes a dismissal entered after a period of probation, suspension, 38
or deferral of sentence, and also includes equivalent dispositions by 39
courts in jurisdictions other than Washington state.40
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(((7))) (8) "Crime of violence" means: 1
(a) Any of the following felonies, as now existing or hereafter 2
amended: Any felony defined under any law as a class A felony or an 3
attempt to commit a class A felony, criminal solicitation of or 4
criminal conspiracy to commit a class A felony, manslaughter in the 5
first degree, manslaughter in the second degree, indecent liberties 6
if committed by forcible compulsion, kidnapping in the second degree, 7
arson in the second degree, assault in the second degree, assault of 8
a child in the second degree, extortion in the first degree, burglary 9
in the second degree, residential burglary, and robbery in the second 10
degree; 11
(b) Any conviction for a felony offense in effect at any time 12
prior to June 6, 1996, which is comparable to a felony classified as 13
a crime of violence in (a) of this subsection; and14
(c) Any federal or out-of-state conviction for an offense 15
comparable to a felony classified as a crime of violence under (a) or 16
(b) of this subsection. 17
(((8))) (9) "Curio or relic" has the same meaning as provided in 18
27 C.F.R. Sec. 478.11. 19
(((9))) (10) "Dealer" means a person engaged in the business of 20
selling firearms at wholesale or retail who has, or is required to 21
have, a federal firearms license under 18 U.S.C. Sec. 923 (a). A 22
person who does not have, and is not required to have, a federal 23
firearms license under 18 U.S.C. Sec. 923 (a), is not a dealer if that 24
person makes only occasional sales, exchanges, or purchases of 25
firearms for the enhancement of a personal collection or for a hobby, 26
or sells all or part of his or her personal collection of firearms.27
(((10))) (11) "Detachable magazine" means an ammunition feeding 28
device that can be loaded or unloaded while detached from a firearm 29
and readily inserted into a firearm. 30
(((11))) (12) "Distribute" means to give out, provide, make 31
available, or deliver a firearm or large capacity magazine to any 32
person in this state, with or without consideration, whether the 33
distributor is in-state or out-of-state. "Distribute" includes, but 34
is not limited to, filling orders placed in this state, online or 35
otherwise. "Distribute" also includes causing a firearm or large 36
capacity magazine to be delivered in this state. 37
(((12))) (13) "Domestic violence" has the same meaning as 38
provided in RCW 10.99.020. 39
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(((13))) (14) "Family or household member" has the same meaning 1
as in RCW 7.105.010. 2
(((14))) (15) "Federal firearms dealer" means a licensed dealer 3
as defined in 18 U.S.C. Sec. 921(a)(11). 4
(((15))) (16) "Federal firearms importer" means a licensed 5
importer as defined in 18 U.S.C. Sec. 921(a)(9). 6
(((16))) (17) "Federal firearms manufacturer" means a licensed 7
manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).8
(((17))) (18) "Felony" means any felony offense under the laws of 9
this state or any federal or out-of-state offense comparable to a 10
felony offense under the laws of this state. 11
(((18))) (19) "Felony firearm offender" means a person who has 12
previously been convicted or found not guilty by reason of insanity 13
in this state of any felony firearm offense. A person is not a felony 14
firearm offender under this chapter if any and all qualifying 15
offenses have been the subject of an expungement, pardon, annulment, 16
certificate, or rehabilitation, or other equivalent procedure based 17
on a finding of the rehabilitation of the person convicted or a 18
pardon, annulment, or other equivalent procedure based on a finding 19
of innocence. 20
(((19))) (20) "Felony firearm offense" means: 21
(a) Any felony offense that is a violation of this chapter;22
(b) A violation of RCW 9A.36.045; 23
(c) A violation of RCW 9A.56.300; 24
(d) A violation of RCW 9A.56.310; 25
(e) Any felony offense if the offender was armed with a firearm 26
in the commission of the offense. 27
(((20))) (21) "Firearm" means a weapon or device from which a 28
projectile or projectiles may be fired by an explosive such as 29
gunpowder. For the purposes of RCW 9.41.040, "firearm" also includes 30
frames and receivers. "Firearm" does not include a flare gun or other 31
pyrotechnic visual distress signaling device, or a powder-actuated 32
tool or other device designed solely to be used for construction 33
purposes. 34
(((21))) (22)(a) "Frame or receiver" means a part of a firearm 35
that, when the complete firearm is assembled, is visible from the 36
exterior and provides housing or a structure designed to hold or 37
integrate one or more fire control components, even if pins or other 38
attachments are required to connect the fire control components. Any 39
such part identified with a serial number shall be presumed, absent 40
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an official determination by the bureau of alcohol, tobacco, 1
firearms, and explosives or other reliable evidence to the contrary, 2
to be a frame or receiver. 3
(b) For purposes of this subsection, "fire control component" 4
means a component necessary for the firearm to initiate, complete, or 5
continue the firing sequence, including any of the following: Hammer, 6
bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing 7
pin, striker, or slide rails. 8
(((22))) (23) "Gun" has the same meaning as firearm.9
(((23))) (24)(a) "Imitation firearm" means any BB device, toy 10
gun, replica of a firearm, or other device that is so substantially 11
similar in coloration and overall appearance to an existing firearm 12
as to lead a reasonable person to perceive that the device is a 13
firearm.14
(b) "Imitation firearm" does not include:15
(i) A nonfiring collector's replica that is historically 16
significant, and is offered for sale in conjunction with a wall 17
plaque or presentation case; or18
(ii) A spot marker gun which expels a projectile that is greater 19
than 10 millimeters.20
(25) "Import" means to move, transport, or receive an item from a 21
place outside the territorial limits of the state of Washington to a 22
place inside the territorial limits of the state of Washington. 23
"Import" does not mean situations where an individual possesses a 24
large capacity magazine or assault weapon when departing from, and 25
returning to, Washington state, so long as the individual is 26
returning to Washington in possession of the same large capacity 27
magazine or assault weapon the individual transported out of state.28
(((24))) (26) "Intimate partner" has the same meaning as provided 29
in RCW 7.105.010. 30
(((25))) (27) "Large capacity magazine" means an ammunition 31
feeding device with the capacity to accept more than 10 rounds of 32
ammunition, or any conversion kit, part, or combination of parts, 33
from which such a device can be assembled if those parts are in 34
possession of or under the control of the same person, but shall not 35
be construed to include any of the following: 36
(a) An ammunition feeding device that has been permanently 37
altered so that it cannot accommodate more than 10 rounds of 38
ammunition; 39
(b) A 22 caliber tube ammunition feeding device; or40
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(c) A tubular magazine that is contained in a lever-action 1
firearm. 2
(((26))) (28) "Law enforcement officer" includes a general 3
authority Washington peace officer as defined in RCW 10.93.020, or a 4
specially commissioned Washington peace officer as defined in RCW 5
10.93.020. "Law enforcement officer" also includes a limited 6
authority Washington peace officer as defined in RCW 10.93.020 if 7
such officer is duly authorized by his or her employer to carry a 8
concealed pistol. 9
(((27))) (29) "Lawful permanent resident" has the same meaning 10
afforded a person "lawfully admitted for permanent residence" in 8 11
U.S.C. Sec. 1101(a)(20). 12
(((28))) (30) "Licensed collector" means a person who is 13
federally licensed under 18 U.S.C. Sec. 923(b). 14
(((29))) (31) "Licensed dealer" means a person who is federally 15
licensed under 18 U.S.C. Sec. 923(a). 16
(((30))) (32) "Loaded" means: 17
(a) There is a cartridge in the chamber of the firearm;18
(b) Cartridges are in a clip that is locked in place in the 19
firearm; 20
(c) There is a cartridge in the cylinder of the firearm, if the 21
firearm is a revolver; 22
(d) There is a cartridge in the tube or magazine that is inserted 23
in the action; or 24
(e) There is a ball in the barrel and the firearm is capped or 25
primed if the firearm is a muzzle loader. 26
(((31))) (33) "Machine gun" means any firearm known as a machine 27
gun, mechanical rifle, submachine gun, or any other mechanism or 28
instrument not requiring that the trigger be pressed for each shot 29
and having a reservoir clip, disc, drum, belt, or other separable 30
mechanical device for storing, carrying, or supplying ammunition 31
which can be loaded into the firearm, mechanism, or instrument, and 32
fired therefrom at the rate of five or more shots per second.33
(((32))) (34) "Manufacture" means, with respect to a firearm or 34
large capacity magazine, the fabrication, making, formation, 35
production, or construction of a firearm or large capacity magazine, 36
by manual labor or by machinery. 37
(((33))) (35) "Mental health professional" means a psychiatrist, 38
psychologist, or physician assistant working with a psychiatrist who 39
is acting as a participating physician as defined in RCW 18.71A.010, 40
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psychiatric advanced practice registered nurse practitioner, 1
psychiatric nurse, social worker, mental health counselor, marriage 2
and family therapist, or such other mental health professionals as 3
may be defined in statute or by rules adopted by the department of 4
health pursuant to the provisions of chapter 71.05 RCW.5
(((34))) (36) "Nonimmigrant alien" means a person defined as such 6
in 8 U.S.C. Sec. 1101(a)(15). 7
(((35))) (37) "Person" means any individual, corporation, 8
company, association, firm, partnership, club, organization, society, 9
joint stock company, or other legal entity. 10
(((36))) (38) "Pistol" means any firearm with a barrel less than 11
16 inches in length, or is designed to be held and fired by the use 12
of a single hand. 13
(((37))) (39) "Rifle" means a weapon designed or redesigned, made 14
or remade, and intended to be fired from the shoulder and designed or 15
redesigned, made or remade, and intended to use the energy of the 16
explosive in a fixed metallic cartridge to fire only a single 17
projectile through a rifled bore for each single pull of the trigger.18
(((38)))(40) "Sale" and "sell" mean the actual approval of the 19
delivery of a firearm in consideration of payment or promise of 20
payment. 21
(((39))) (41) "Secure gun storage" means: 22
(a) A locked box, gun safe, or other secure locked storage space 23
that is designed to prevent unauthorized use or discharge of a 24
firearm; and 25
(b) The act of keeping an unloaded firearm stored by such means.26
(((40))) (42) "Semiautomatic" means any firearm which utilizes a 27
portion of the energy of a firing cartridge to extract the fired 28
cartridge case and chamber the next round, and which requires a 29
separate pull of the trigger to fire each cartridge.30
(((41))) (43)(a) "Semiautomatic assault rifle" means any rifle 31
which utilizes a portion of the energy of a firing cartridge to 32
extract the fired cartridge case and chamber the next round, and 33
which requires a separate pull of the trigger to fire each cartridge.34
(b) "Semiautomatic assault rifle" does not include antique 35
firearms, any firearm that has been made permanently inoperable, or 36
any firearm that is manually operated by bolt, pump, lever, or slide 37
action. 38
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(((42))) (44) "Serious offense" means any of the following 1
felonies or a felony attempt to commit any of the following felonies, 2
as now existing or hereafter amended: 3
(a) Any crime of violence; 4
(b) Any felony violation of the uniform controlled substances 5
act, chapter 69.50 RCW, that is classified as a class B felony or 6
that has a maximum term of imprisonment of at least 10 years;7
(c) Child molestation in the second degree; 8
(d) Incest when committed against a child under age 14;9
(e) Indecent liberties; 10
(f) Leading organized crime; 11
(g) Promoting prostitution in the first degree;12
(h) Rape in the third degree; 13
(i) Drive-by shooting; 14
(j) Sexual exploitation; 15
(k) Vehicular assault, when caused by the operation or driving of 16
a vehicle by a person while under the influence of intoxicating 17
liquor or any drug or by the operation or driving of a vehicle in a 18
reckless manner; 19
(l) Vehicular homicide, when proximately caused by the driving of 20
any vehicle by any person while under the influence of intoxicating 21
liquor or any drug as defined by RCW 46.61.502, or by the operation 22
of any vehicle in a reckless manner; 23
(m) Any other class B felony offense with a finding of sexual 24
motivation, as "sexual motivation" is defined under RCW 9.94A.030;25
(n) Any other felony with a deadly weapon verdict under RCW 26
9.94A.825; 27
(o) Any felony offense in effect at any time prior to June 6, 28
1996, that is comparable to a serious offense, or any federal or out-29
of-state conviction for an offense that under the laws of this state 30
would be a felony classified as a serious offense;31
(p) Any felony conviction under RCW 9.41.115; or32
(q) Any felony charged under RCW 46.61.502(6) or 46.61.504(6).33
(((43))) (45) "Sex offense" has the same meaning as provided in 34
RCW 9.94A.030. 35
(((44))) (46) "Short-barreled rifle" means a rifle having one or 36
more barrels less than 16 inches in length and any weapon made from a 37
rifle by any means of modification if such modified weapon has an 38
overall length of less than 26 inches. 39
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(((45))) (47) "Short-barreled shotgun" means a shotgun having one 1
or more barrels less than 18 inches in length and any weapon made 2
from a shotgun by any means of modification if such modified weapon 3
has an overall length of less than 26 inches. 4
(((46))) (48) "Shotgun" means a weapon with one or more barrels, 5
designed or redesigned, made or remade, and intended to be fired from 6
the shoulder and designed or redesigned, made or remade, and intended 7
to use the energy of the explosive in a fixed shotgun shell to fire 8
through a smooth bore either a number of ball shot or a single 9
projectile for each single pull of the trigger. 10
(((47))) (49) "Substance use disorder professional" means a 11
person certified under chapter 18.205 RCW. 12
(((48))) (50) "Transfer" means the intended delivery of a firearm 13
to another person without consideration of payment or promise of 14
payment including, but not limited to, gifts and loans. "Transfer" 15
does not include the delivery of a firearm owned or leased by an 16
entity licensed or qualified to do business in the state of 17
Washington to, or return of such a firearm by, any of that entity's 18
employees or agents, defined to include volunteers participating in 19
an honor guard, for lawful purposes in the ordinary course of 20
business. 21
(((49))) (51) "Undetectable firearm" means any firearm that is 22
not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-23
through metal detectors or magnetometers commonly used at airports or 24
any firearm where the barrel, the slide or cylinder, or the frame or 25
receiver of the firearm would not generate an image that accurately 26
depicts the shape of the part when examined by the types of X-ray 27
machines commonly used at airports. 28
(((50)))(52)(a) "Unfinished frame or receiver" means a frame or 29
receiver that is partially complete, disassembled, or inoperable, 30
that: (i) Has reached a stage in manufacture where it may readily be 31
completed, assembled, converted, or restored to a functional state; 32
or (ii) is marketed or sold to the public to become or be used as the 33
frame or receiver of a functional firearm once finished or completed, 34
including without limitation products marketed or sold to the public 35
as an 80 percent frame or receiver or unfinished frame or receiver.36
(b) For purposes of this subsection: 37
(i) "Readily" means a process that is fairly or reasonably 38
efficient, quick, and easy, but not necessarily the most efficient, 39
speedy, or easy process. Factors relevant in making this 40
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determination, with no single one controlling, include the following: 1
(A) Time, i.e., how long it takes to finish the process; (B) ease, 2
i.e., how difficult it is to do so; (C) expertise, i.e., what 3
knowledge and skills are required; (D) equipment, i.e., what tools 4
are required; (E) availability, i.e., whether additional parts are 5
required, and how easily they can be obtained; (F) expense, i.e., how 6
much it costs; (G) scope, i.e., the extent to which the subject of 7
the process must be changed to finish it; and (H) feasibility, i.e., 8
whether the process would damage or destroy the subject of the 9
process, or cause it to malfunction. 10
(ii) "Partially complete," as it modifies frame or receiver, 11
means a forging, casting, printing, extrusion, machined body, or 12
similar article that has reached a stage in manufacture where it is 13
clearly identifiable as an unfinished component part of a firearm.14
(((51))) (53) "Unlicensed person" means any person who is not a 15
licensed dealer under this chapter. 16
(((52))) (54) "Untraceable firearm" means any firearm 17
manufactured after July 1, 2019, that is not an antique firearm and 18
that cannot be traced by law enforcement by means of a serial number 19
affixed to the firearm by a federal firearms manufacturer, federal 20
firearms importer, or federal firearms dealer in compliance with all 21
federal laws and regulations. 22
(((53))) (55) "Washington state patrol firearms background check 23
program" means the division within the state patrol that conducts 24
background checks for all firearm transfers and the disposition of 25
firearms. 26
NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW 27
to read as follows: 28
(1) A manufacturer, importer, or distributor of imitation 29
firearms who changes, alters, removes, or obliterates any coloration 30
or markings that are required by any applicable state or federal law 31
or regulation, for any imitation firearm in a way that makes the 32
imitation firearm or device look more like a firearm, is guilty of a 33
misdemeanor. 34
(2) Any manufacturer, importer, or distributor of toy, look-35
alike, or imitation firearms that fails to comply with any applicable 36
federal law or regulation governing the marking of a toy, look-alike, 37
or imitation firearm, is guilty of a misdemeanor. The definition of 38
imitation firearm does not apply to this subsection.39
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(3)(a) Any imitation firearm manufactured after July 1, 2005, 1
shall, at the time of offer for sale in this state, be accompanied by 2
a conspicuous advisory in writing as part of the packaging, but not 3
necessarily affixed to the imitation firearm, to the effect that the 4
product may be mistaken for a firearm by law enforcement officers or 5
others, that altering the coloration or markings required by state or 6
federal law or regulations so as to make the product look more like a 7
firearm is dangerous and may be a crime, and that brandishing or 8
displaying the product in public may cause confusion and may be a 9
crime. 10
(b) Any manufacturer, importer, or distributor that fails to 11
comply with this advisory for any imitation firearm manufactured 12
after July 1, 2005, shall be liable for a civil fine for each action 13
brought by the state or local prosecutor of not more than $1,000 for 14
the first action, $5,000 for the second action, and $10,000 for third 15
and subsequent actions. 16
(4)(a) Any person who, for commercial purposes, purchases, sells, 17
manufactures, ships, transports, distributes, or receives by mail 18
order in any other manner, an imitation firearm, except as authorized 19
by this section, is liable for a civil fine in an action brought by 20
the state or local prosecutor of not more than $10,000 for each 21
violation. 22
(b) The manufacture, purchase, sale, shipping, transport, 23
distribution, or receipt, by mail or in any other manner, of an 24
imitation firearm is authorized if the device is manufactured, 25
purchased, sold, shipped, transported, distributed, or received for 26
any of the following purposes: 27
(i) Solely for export in interstate or foreign commerce;28
(ii) Solely for lawful use in theatrical productions, including 29
motion picture, television, and stage productions;30
(iii) For use in a certified or regulated sporting event or 31
competition; 32
(iv) For use in military or civil defense activities, or 33
ceremonial activities; or 34
(v) For public displays authorized by public or private schools.35
(5) The manufacture, purchase, sale, shipping, transport, 36
distribution, or receipt, by mail or in any other manner, of an 37
imitation firearm is authorized if the entire exterior surface of the 38
imitation firearm is white, bright red, bright orange, bright yellow, 39
bright green, bright blue, bright pink, or bright purple, either 40
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singly or as the predominant color in combination with other colors 1
in any pattern, or the entire device is constructed of translucent 2
material that permits unmistakable observation of the device's 3
complete contents. Merely having an orange tip as provided in federal 4
law and regulations does not satisfy this requirement. The entire 5
surface must be colored or transparent or translucent.6
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p. 15 SB 5735