Firearm Transfers Through Dealers. Firearm dealers must comply with federal and state law when processing firearm transfers. Dealers are required by state and federal law to conduct background checks on prospective firearm purchasers to determine whether the purchaser is eligible to possess a firearm. State law requires a background check through the Washington State Patrol Firearms Background Check Program (background check program) for all firearm sales or transfers unless specifically exempted by law.

Under state law, a dealer may not deliver a firearm to a purchaser or transferee until:

• the purchaser provides proof of completion of a recognized firearm safety program within the last five years, or proof of exemption from this training requirement;
• the dealer is notified by the background check program that the purchaser is eligible to possess a firearm under state and federal law; and
• ten business days have elapsed from the date the dealer requested the background check.

The required firearm safety training program must include the following minimum components:

• basic firearm safety rules;
• talking to children about gun safety;
• firearms and suicide prevention;
• secure gun storage;
• safe handling of firearms;
• state and federal firearm laws including laws pertaining to the use of deadly force for self-defense; and
• techniques for avoiding a criminal attack and managing a violent confrontation.

Proof of training must be in the form of a certification stating under penalty of perjury that the training included the minimum requirements.

General authority peace officers, federal peace officers who have arrest powers and carry a firearm, and military members who, as part of their services have completed firearm training that includes instruction on safe handling and shooting proficiency, within the last five years are exempt from the training requirement.

A dealer must make a record of all pistol and semiautomatic assault rifles sold and provide this record to the background check program.  The background check program must then transmit those records to the Department of Licensing (DOL) who must retain the records.

Concealed Pistol Licenses. Without a valid concealed pistol license (CPL), it is misdemeanor crime for a person to carry a concealed pistol except in the person's abode or fixed place of business. Failure to carry a CPL while carrying a concealed pistol is a civil infraction.

To obtain a CPL a person must apply with their local law enforcement agency and undergo a fingerprint-based background check to determine eligibility. An application for a CPL must include the applicant's name, residential address, date of birth, race, gender, physical description, complete set of fingerprints, and driver's license number or state identification card number.

A CPL must be issued if the applicant is 21 years of age or older, is eligible to possess a firearm under state and federal law, and meets the following additional requirements:

• is not subject to a court injunction regarding firearms under a number of listed protection, restraining, and no-contact orders;
• is not pending trial, appeal, or sentencing for a felony offense;
• is not subject to an outstanding arrest warrant for any crime; and
• has not, within the past year, been ordered to forfeit a firearm for possessing a concealed firearm while intoxicated in a place where a CPL is required.

A person whose application for a firearm transfer or a CPL is denied may apply to a court for a writ of mandamus directing approval of the transfer or issuance of the CPL. Such an application may also be brought to direct that erroneous information resulting in the wrongful denial of an application for a firearm transfer or CPL be corrected.

Permit to Purchase Firearms. A person may apply for a permit to purchase firearms with the background check program by submitting:

• a complete set of fingerprints taken by the local law enforcement agency in the jurisdiction in which the applicant resides;
• a certificate of completion of a certified firearms safety training program within the last five years, or proof that the applicant is exempt from the training requirement;
• the required permit application fee; and
• a completed application which must include the applicant's:
  1. full name and place and date of birth;
  2. residential address and current mailing address, if different;
  3. driver's license number or state identification card number;
  4. physical description;
  5. telephone number and email address, at the option of the applicant; and
  6. electronic signature.

The permit to purchase must be in a form prescribed by WSP and must contain a unique permit number, expiration date, and the name, date of birth, residential address, and brief description of the licensee.

The background check program must issue a permit to purchase firearms to an eligible applicant, or deny the application, within 30 days of the date the application was filed, or within 60 days if the applicant does not have a valid permanent Washington driver's license or Washington identification card or has not been a resident of Washington for the previous consecutive 90 days, unless additional time is necessary to obtain all required information and records needed to determine the applicant's eligibility for the permit.

A permit must be issued unless the applicant:

• is prohibited from purchasing or possessing a firearm under state or federal law;
• is subject to a court order or injunction regarding firearms under laws governing protection orders, no-contact orders, and restraining orders;
• is free on bond or personal recognizance pending trial, appeal, or sentencing for felony offenses;
• has an outstanding warrant for the applicant's arrest from any court of competent jurisdiction for a felony or misdemeanor; or
• has failed to produce a certificate of completion of a certified firearms safety training program within the last five years, or proof that the applicant is exempt from the training requirement.

In determining the applicant's eligibility, the background check program must check specified federal and state databases. A background check for an original permit must be conducted through the WSP Criminal Records Division and include a national check from the Federal Bureau of Investigation. The applicant may request and receive a copy of the results of the background check and may seek to amend or correct the applicant's record.

If the permit application is denied, the background check program must send the applicant a written notice stating the specific grounds for the denial.  A permit to purchase is valid for five years and may be renewed for a subsequent five-year period by applying for a renewal within 90 days before or after the expiration date of the permit. The background check program may charge permit application fees that will cover as nearly as practicable the direct and indirect costs incurred in creating and administering the permit to purchase firearms. Revenue from the fees must be deposited in the state Firearms Background Check System Account. Any amounts appropriated for purposes of initial establishment of the permit to purchase must be reimbursed from the state Firearms Background Check System Account by June 30, 2028.

A local law enforcement agency may charge a reasonable fee for taking and transmitting fingerprints of an applicant. A permit applicant must also pay a fingerprint processing fee.

A signed application constitutes a waiver of confidentiality and written request that the Health Care Authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a permit to purchase firearms to a court or the background check program.

The  background check program must revoke a permit to purchase firearms upon the occurrence of any act or condition that would prevent the issuance of a permit. A written notice of the revocation must be sent to the permit holder stating the specific grounds on which the permit is revoked.

The background check program must develop procedures to verify on an annual basis that persons who have been issued a permit to purchase firearms remain eligible to possess firearms and must revoke the permit of a person who is determined to be ineligible. The background check program must provide notification of the revocation and relevant information to the local law enforcement agency where the person resides so that local law enforcement may take steps to ensure the permit holder is not in possession of firearms illegally.

The background check program must submit an annual report to the Legislature that includes specified information relating to the permit to purchase firearms, including:

• the number of permit applications submitted, issued, denied, and revoked;
• demographic data on the number of applicants seeking permits which were issued and the number that were denied;
• the frequency of denials for each of the statutory disqualifying factors;
• the number and disposition of appeals for permit denials; and
• the number of cases in which the background check program has provided notice of permit revocations to local law enforcement agencies, the number of cases where law enforcement agencies have taken action to remove firearms, and the number of firearms recovered in such cases.

Dealer Transfers. A dealer may not deliver a firearm to a purchaser or transferee until the purchaser or transferee produces a valid permit to purchase a firearm. The application for purchase or transfer must include the identification number of the applicant's permit to purchase firearms.

Once a dealer has submitted a purchase or transfer application to the background check program , the background check program must advise the dealer that the delivery of the firearm is delayed if the applicant has an outstanding arrest warrant, and if the warrant is confirmed as valid, the background check program must advise the dealer the transfer is denied. The background check program must also notify a dealer that a delivery must be delayed to confirm existing records where there are open criminal charges, pending criminal or commitment proceedings, or an arrest for a disqualifying offense.

Transfer application requirements and the requirement that a dealer must make a record for pistol and semiautomatic assault rifle transfers are made applicable to all firearm transfers. DOL must retain records of applications and transfer records for all firearm transfers. The requirement that a dealer must retain applications for firearm transfers for six years is removed.

Concealed Pistol Licenses. A CPL may not be issued to an applicant unless the applicant has provided proof of completion of a certified concealed carry firearms safety training program within the last five years, or proof of an exemption from the training requirement. An applicant for a CPL who presents a valid permit to purchase firearms is exempt from the requirement for a fingerprint-based background check.

An issuing authority must send an applicant a written notice of the denial of a CPL application. A CPL must be revoked if the licensee has become ineligible for a CPL. A notice of denial or revocation must cite the statute under which the denial or revocation is made, and any information disclosed regarding the grounds for the denial or revocation must be consistent with rules governing the dissemination of criminal history information. The notice must also include information on the procedure for an applicant or license holder to request that the law enforcement agency reconsider the denial or revocation.

Issuing authorities must annually submit to WSP aggregated CPL application data for statewide analysis of the uniformity of the licensing system and potential demographic barriers. WSP must annually submit a report to the Legislature that includes specified data relating to CPLs for the preceding year, including:

• the number of license applications submitted, issued, denied, and revoked;
• demographic data on the number of applicants seeking licenses that were issued and the number denied, including race, gender, date of birth, and county of residence;
• the frequency with which licenses were denied for each of the statutory disqualifying factors;
• the number and disposition of license denial decisions appealed by license applicants; and
• information on any barriers to compiling and analyzing the data.

Firearm Safety Training. An applicant for a permit to purchase firearms must provide a certificate of completion of a certified firearms safety training program, and an applicant for a CPL must provide proof of completion of a certified concealed carry firearms safety training program. The certified programs must include live-fire shooting exercises on a firing range that include a demonstration by the applicant of the safe handling of, and shooting proficiency with, firearms. Live-fire training for the concealed carry firearms safety training program must include firing of a minimum of 50 rounds.

WSP must certify training programs that meet these requirements and prescribe the form of documentation for use as proof of completion of a training program or proof of an exemption. Firearm safety programs must be recertified every five years.

Language providing exemptions from the firearm safety training requirements for law enforcement and military members are revised and apply upon showing proper identification. The exemption for military members is revised to remove the requirement that the person, as part of military service, has completed training in firearms proficiency within the past five years that included training on safe handling and shooting proficiency with firearms. Proper identification for a military member includes the armed forces identification card or other document certifying the person is an active military member.

Other Provisions. Amendments are made to other provisions of law to incorporate permits to purchase firearms, including:

• authorizing a writ of mandamus court action to direct an issuing agency to issue a permit to purchase firearms wrongfully refused and providing immunity from liability to governmental entities acting in good faith for issuing, failing to issue, or revoking a permit to purchase firearms;
• providing that when a person becomes ineligible to possess firearms as a result of a criminal conviction, involuntary commitment, or extreme risk protection order, the court must provide notice of the disqualification to the background check program which must revoke or suspend the person's permit to purchase firearms; and
• requiring the revocation of a permit to purchase firearms based on a conviction of the offense making it unlawful to carry, exhibit, display, or draw a firearm or other specified weapon in a manner or under circumstances that manifest an intent to intimidate another or that warrants alarm for the safety of others.

Technical corrections are made to a statute governing the background check program to correct cross references and remove language that is no longer necessary.