WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Washington

State Gun Laws

Laws current as of August 1, 2024

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

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:
  • 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;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)