State Gun Laws

Washington law states that a person cannot have or buy a gun if:

1. S/he has been convicted, or found not guilty by reason of insanity, of a “serious offense.”¹ A serious offense is any one of the following or a felony attempt to commit any one of the following:

• any “crime of violence” (defined in RCW 9.41.010(7));
• any felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
• child molestation in the second degree;
• incest when committed against a child under age fourteen;
• indecent liberties;
• leading organized crime;
• promoting prostitution in the first degree;
• rape in the third degree;
• drive-by shooting;
• sexual exploitation;
• vehicular assault or vehicular homicide when due to driving under the influence or in a reckless manner;
• any other class B felony offense with a finding of “sexual motivation,” defined in RCW 9.94A.030;
• any other felony with a “deadly weapon verdict,” defined in RCW 9.94A.825;
• any felony offense that was in effect at any time prior to June 6, 1996 that is comparable to a “serious offense,” or any federal or out-of-state conviction for a felony that would be a “serious offense” in Washington;
• any felony conviction for violating background check requirements for firearm sales under RCW 9.41.115; or
• any felony charged under RCW 46.61.502(6) or 46.61.504(6).²

2. S/he was convicted or found not guilty by reason of insanity of any felony or:

• any of the following offenses against a family or household member:
  • harassment;
  • assault in the fourth degree;
  • coercion;
  • stalking;
  • reckless endangerment;
  • criminal trespass in the first degree; or
  • violation of the no-contact provision of a protection order or the provision requiring the abuser to say out of the victim’s residence;
• any of the following offenses regardless of who it involved:
  • domestic violence;
  • staking or cyberstalking;
  • cyber harassment;
  • harassment;
  • aiming or discharging a firearm;
  • unlawful carrying or handling of a firearm;
  • animal cruelty in the second degree; or
  • any prior offense committed within seven years of conviction for any other prior offense under RCW 46.61.5055 ;
• violation of an order to surrender and prohibit weapons; or
• violation of an extreme risk protection order.³

3. S/he has a protection order issued against him/her if the following conditions are met:

• the protection order was issued after a hearing where the abuser had a chance to appear and participate;
• the order prohibits:
  • the abuser from harassing, stalking, threatening an intimate partner or the intimate partner’s child or doing anything that would place an intimate partner in reasonable fear of bodily injury; and
  • the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; and
• the order includes a determination by the judge (“finding”) that the abuser presents a credible threat to the safety of his/her intimate partner or child;⁴ or

4. S/he:

• has been involuntarily committed for mental health treatment;
• has been found incompetent to stand trial and the judge has stated that s/he has a history of violent acts;
• is under 18 years of age and does not qualify for an exception; or
• is pending trial, appeal, or sentencing for a “serious offense” listed in #1, above.⁵

There are also federal gun laws that prohibit someone who has a protection order issued against him/her or who was convicted of certain crimes from possessing a gun. Go to our Federal Gun Laws page for more information.

¹ R.C.W. § 9.41.040(1)(a)
² R.C.W. § 9.41.010(42)
³ R.C.W. § 9.41.040(2)(a)(i)
⁴ R.C.W. § 9.41.040(2)(a)(ii)
⁵ R.C.W. § 9.41.040(2)(a)(iii), (iv), (v), (vi)