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 required firearm safety training program must include the following minimum components:
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:
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:
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:
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:
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:
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:
Technical corrections are made to a statute governing the background check program to correct cross references and remove language that is no longer necessary.
PRO: This bill will save lives. Washington has already introduced components of a robust permitting system, and this bill would build on that progress. Without these measures, we will not have all the tools necessary to ensure prohibited persons do not get firearms and that buyers are not doing so in violation of state law. Other states that have adopted similar measures have seen reductions in rates of homicides and suicides. Why should a weapon that can take a life in a matter of seconds be given to someone without training on how to handle it or a permit to use it?
This bill would prevent guns from falling into the hands of criminals and ensure buyers learn how to handle and store their weapons safely.
We must improve law enforcement efforts to remove guns from people who are a danger to themselves or others. Research shows permits to purchase laws save lives. States that adopt these laws see fewer mass shootings, fewer officers shot, and fewer shootings by officers. Firearm violence continues to be the leading cause of death for kids in the United States. The essence of this bill liens in its ability to ensure that firearms are entrusted to responsible and trained individuals. Many of the components of this bill will help address the safety of elders in our communities. This legislation represents a common sense measure that prioritizes public safety while respecting responsible gun ownership.
CON: This bill will significantly impact the armed private investigator industry, an industry that provides firearm training for armed licensed professionals in this state. A license to drive is not a constitutionally protected right. The Second Amendment limits the government's ability to infringe on an individual's right to keep and bear arms. Under this bill you need to obtain a permit, but to obtain a permit, you need a firearm to pass the required live-fire safety training. Permit to purchase requirements deter current and future firearm owners from exercising their Second Amendment rights. Firearm classes generally cost between $100 and $150 per hour, and those costs are likely to go up under this bill.
There are not enough firearm instructors to accommodate the requirements of this bill. Constitutional rights may not be converted into a privilege and a fee associated with it. Access to arms is central to the right to bear arms. This bill is rife with unconstitutional provisions under the auspice of public safety. The Washington State Patrol is already suffering from a backlog of firearm background checks and this bill will only exacerbate the situation.
Violent crime in Washington has skyrocketed while the national average has trended down. Supporting this bill will make it more difficult for victims of domestic violence to exercise their Second Amendment right. Domestic violence victims will never find the time or money to apply for this permit or do the required training. This bill will be deadly to women. Delaying a citizen's right to purchase a firearm puts them at great risk. Criminals are not going to go through a safety course and suddenly think twice about the crime they intend to commit. This bill will not reduce crime. Ninety percent of firearms used in crimes are stolen, and this bill will not affect that statistic. The unconstitutional aspect of this bill will open the state to costly lawsuits and civil liability.
PRO: Finlley Gonzales; Angel Stokes; Alex McCourt, Johns Hopkins; Mike Van Dyke; Jim Parsons; Jennifer Dolan-Waldman, Grandmothers Against Gun Violence; Tahana Salvadalena; Rebecca Elbaum; Nick Brown, Attorney General's Office; Finlley Gonzales; Angel Stokes.
PRO: Jean Hill, Washington State Catholic Conference; Megan Moore, WA State Public Health Association; Mahika Malladi; Jean Hill, WA State Catholic Conference (WSCC); Erin Cizmas; Diane Studley; Karyn Brownson, King County Public Health; April Schentrup; Margaret Heldring, Grandmothers for Gun Responsibility; Liz Hjelmesth; Kate Telis, Everytown; Dr. Gwen Loosmore, WA PTA; Paula Barnes; Add Madsen; Nancy Dombrowski.