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Washington does not have a standalone criminal statute that makes it a crime to carry a concealed pistol while under the influence of alcohol or drugs....
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Washington does not have a standalone criminal statute that makes it a crime to carry a concealed pistol while under the influence of alcohol or drugs. The simple act of carrying concealed while intoxicated is not, by itself, a separate offense. Washington instead addresses the intersection of firearms and intoxication through a firearm forfeiture provision, the concealed pistol license (CPL) rules, several general criminal statutes, and federal law. The practical risk is real: a person carrying concealed while under the influence can lose the firearm by court order and can be disqualified from holding a CPL.
The most directly applicable Washington statute is RCW 9.41.098, the firearm forfeiture statute. Under RCW 9.41.098(1)(e), the superior courts and the courts of limited jurisdiction may order forfeiture of a firearm proven to be:
"In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW."
Several points matter here:
A court may order the firearm destroyed or otherwise disposed of after a forfeiture order (RCW 9.41.098(2)). The owner may seek return of the firearm only on the limited grounds in RCW 9.41.098(3), such as a showing that there was no probable cause to believe a violation occurred, that the firearm was stolen, or that the owner neither knew of nor consented to the act that led to forfeiture. A law enforcement officer may confiscate a firearm found in the possession of a person under these circumstances (RCW 9.41.098(4)).
Carrying concealed while intoxicated is therefore not a crime in itself under state law, but it exposes the carrier to permanent loss of the firearm by court order.
A forfeiture under RCW 9.41.098(1)(e) carries a licensing consequence. Under RCW 9.41.070, the concealed pistol license statute, an applicant is disqualified from obtaining a CPL if the applicant has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing the application. Washington's separate revocation statute, RCW 9.41.075, requires a law enforcement agency to revoke an existing CPL when the licensee is ordered to forfeit a firearm, with graduated revocation of one year for a first forfeiture, two years for a second, and five years for a third or later forfeiture (RCW 9.41.075(1)(d) and (3)). That revocation trigger cross-references RCW 9.41.098(1)(d), the forfeiture prong for a firearm possessed when a person commits or is arrested for a felony or a crime in which a firearm was used or displayed, which is a different prong than the under-the-influence forfeiture at RCW 9.41.098(1)(e). The consequence that attaches squarely to an under-the-influence forfeiture is the one-year bar on obtaining a CPL under RCW 9.41.070.
Washington has no firearm-specific intoxication crime, but general criminal statutes can apply to an impaired person who handles or uses a firearm.
Reckless endangerment (RCW 9A.36.050). A person is guilty of reckless endangerment when he or she recklessly engages in conduct, not amounting to a drive-by shooting, that "creates a substantial risk of death or serious physical injury to another person." Reckless endangerment is a gross misdemeanor. Handling a firearm while significantly impaired could support a reckless endangerment charge depending on the conduct.
Intoxication and mental state (RCW 9A.16.090). Washington law treats voluntary intoxication as no excuse for a crime, but allows intoxication to be considered when proving a required mental state:
"No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his or her intoxication may be taken into consideration in determining such mental state."
This is directly relevant to any use-of-force incident. Intoxication does not by itself excuse criminal conduct, and it can cut against a person trying to show the reasonable belief that a lawful self-defense claim requires.
Prohibited places (RCW 9.41.300). Washington restricts weapons in certain locations. RCW 9.41.300 makes it unlawful to knowingly possess or control a weapon in the restricted access areas of jails and law enforcement facilities, the areas of buildings used in connection with court proceedings, restricted areas of airports, and similar locations. The statute also bars carrying in that part of an establishment classified by the state liquor and cannabis board as off-limits to persons under 21, which covers the bar area of a tavern. These restrictions are not framed as "under the influence" rules, but they overlap heavily with places where alcohol is served, and they create separate exposure for an impaired carrier.
Washington fully preempts the field of firearms regulation. RCW 9.41.290 states that the state "fully occupies and preempts the entire field of firearms regulation within the boundaries of the state," and that cities, towns, and counties "may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter." Local laws that are inconsistent with, more restrictive than, or that exceed state law are preempted.
A 1984 attorney general opinion (AGO 1984 No. 27) discussed whether a city or county could make it an offense to possess a firearm while intoxicated. That opinion interpreted the 1983 version of the preemption statute and concluded that the question would not turn on preemption but on the state constitutional right to bear arms. The preemption statute was substantially strengthened in 1985 (1985 c 428), after that opinion, to occupy the entire field and to permit only specifically authorized local ordinances. Under the current statute, a local criminal ordinance regulating firearm possession while intoxicated would likely be preempted unless specifically authorized by state law. Anyone relying on the older opinion should treat it as dated on the preemption point. The safer assumption is that the controlling rules on carrying concealed while under the influence are the state forfeiture statute and the general criminal statutes described above, not a patchwork of local ordinances.
Unlawful drug users (18 U.S.C. 922(g)(3)). Federal law makes it unlawful for any person "who is an unlawful user of or addicted to any controlled substance" to possess firearms or ammunition. This is a status-based prohibition on possession, separate from any question of being intoxicated at a given moment. The Washington State Patrol applies this to, among others, a person convicted of using or possessing a controlled substance within the past year, a person with multiple recent arrests for controlled substance use or possession, or a person shown by a recent drug test to use a controlled substance unlawfully.
LEOSA (18 U.S.C. 926B and 926C). Qualified active and retired law enforcement officers who carry under the federal Law Enforcement Officers Safety Act must meet the statute's conditions, which include that the officer "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance." LEOSA is a federal authority for qualifying officers, not a state exemption, and it does not protect an officer who is impaired.
Washington has legalized recreational cannabis, but firearm consequences remain because of federal law.
This overview is general information, not legal advice. Statutes and their subsection numbering change. Verify the current text of any cited statute and consult a Washington attorney for advice on a specific situation.
This page covers one part of our Washington concealed carry guide.
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