Washington Weapon and Firearm Restrictions

Washington regulates which firearms and accessories a person may make, sell, buy, and possess, who is barred from possessing firearms at all, and how lawful transfers must be processed. These rules apply on top of the licensing rules for carrying a concealed pistol. The definitions that drive most of these restrictions are set out in RCW 9.41.010, and the criminal prohibitions and penalties are spread across Chapter 9.41 RCW.

Assault Weapons (RCW 9.41.390)

Washington enacted its assault weapon law through House Bill 1240 (2023 c 162). The operative ban is RCW 9.41.390, and it took effect immediately on April 25, 2023.

What the ban does and does not cover

RCW 9.41.390(1) makes it unlawful to manufacture, import, distribute, sell, or offer for sale any assault weapon, except for the narrow situations listed in the statute. The law does not ban simple possession. A person who lawfully owned an assault weapon before the effective date may keep it.

Limited exceptions in RCW 9.41.390(2) include sales to the United States or Washington armed forces or to law enforcement agencies, certain dealer transactions involving out-of-state buyers, the out-of-state sale of a licensed dealer's existing stock acquired before January 1, 2023 (only during the 90 days after April 25, 2023), and receipt of an assault weapon by operation of law on the death of the former lawful owner.

A violation of RCW 9.41.390 is a gross misdemeanor (RCW 9.41.390(4)). A violation is also treated as an unfair or deceptive act under the Consumer Protection Act, Chapter 19.86 RCW (RCW 9.41.395).

Definition of "assault weapon" (RCW 9.41.010(2))

Under RCW 9.41.010(2)(a), "assault weapon" includes:

• Specifically named firearm models listed in the statute, regardless of manufacturer.
• A semiautomatic rifle with an overall length of less than 30 inches.
• A conversion kit, part, or combination of parts from which an assault weapon can be assembled, or from which a firearm can be converted into an assault weapon, if those parts are possessed or controlled by the same person.
• A semiautomatic, center fire rifle that can accept a detachable magazine and has one or more listed features (such as a pistol grip, a folding or telescoping stock, a threaded barrel, or a forward grip).
• A semiautomatic, center fire rifle with a fixed magazine that can accept more than 10 rounds.
• A semiautomatic pistol that can accept a detachable magazine and has one or more listed features.
• A semiautomatic shotgun with one or more listed features.

RCW 9.41.010(2)(c) excludes from the definition: antique firearms, any firearm made permanently inoperable, and any firearm that is manually operated by bolt, pump, lever, or slide action.

Large Capacity Magazines (RCW 9.41.370)

A "large capacity magazine" is an ammunition feeding device that can accept more than 10 rounds, plus any conversion kit, part, or combination of parts from which such a device can be assembled if held by the same person (RCW 9.41.010(25)). The definition carves out certain fixed tubular .22 rimfire devices and tubular magazines that are part of certain lever action firearms.

RCW 9.41.370(1) makes it unlawful to manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except for the limited military and law enforcement supply situations in RCW 9.41.370(2). As with the assault weapon law, this is a supply-side restriction. RCW 9.41.370 does not by its terms criminalize simple possession of a magazine a person already owns. A person who violates RCW 9.41.370 is guilty of a gross misdemeanor (RCW 9.41.370(3)).

The large capacity magazine restriction was challenged in court. The Washington Supreme Court upheld the law, and the restriction remains in effect statewide. Anyone planning a purchase should treat over-10-round magazines as unavailable for retail sale inside Washington.

Machine Guns, Short-Barreled Weapons, and Other Unlawful Firearms (RCW 9.41.190, RCW 9.41.220)

RCW 9.41.190(1) makes it unlawful to manufacture, own, buy, sell, loan, furnish, transport, or possess any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or any part designed solely for use in those weapons. It is also unlawful to assemble or repair any of them. A violation is a class C felony (RCW 9.41.190(5)).

There is an important distinction for short-barreled rifles. RCW 9.41.190(2) provides that owning, buying, selling, transporting, or possessing a short-barreled rifle is not unlawful if the person is in compliance with applicable federal law. In practice that means a short-barreled rifle registered under the National Firearms Act and possessed in compliance with federal requirements is allowed under state law. Machine guns and short-barreled shotguns do not get the same general exception. State law continues to bar them except for narrow licensed-manufacturer and pre-July 1, 1994 affirmative-defense situations described in RCW 9.41.190(3) and (4).

A "short-barreled rifle" is a rifle with a barrel under 16 inches, or any weapon made from a rifle with an overall length under 26 inches. A "short-barreled shotgun" is a shotgun with a barrel under 18 inches, or any weapon made from a shotgun with an overall length under 26 inches (RCW 9.41.010).

Items that are illegally held are declared contraband and are subject to seizure (RCW 9.41.220).

Federal National Firearms Act tax note

For the federal items that remain lawful in Washington when federally compliant, such as a short-barreled rifle, the federal transfer and making tax under the National Firearms Act applies. Under Public Law 119-21, the tax is $200 for a machine gun or destructive device and $0 for other National Firearms Act items, effective for calendar quarters beginning more than 90 days after July 4, 2025, with the first qualifying quarter starting January 1, 2026. The federal change does not lift Washington's separate state ban on machine guns and short-barreled shotguns.

Prohibited Persons (RCW 9.41.040)

RCW 9.41.040 lists who may not possess a firearm in Washington and grades the offense:

• Unlawful possession of a firearm in the first degree (for example, after a conviction for a serious offense as defined in the statute) is a class B felony (RCW 9.41.040(1)(b)).
• Unlawful possession of a firearm in the second degree (for example, after another felony, certain domestic violence and other gross misdemeanor convictions, or while subject to certain protection orders) is a class C felony (RCW 9.41.040(2)(b)).

These state prohibitions exist alongside the federal prohibited-person categories in 18 U.S.C. 922(g), which include felons, persons subject to certain domestic violence restraining orders, persons convicted of misdemeanor crimes of domestic violence, and others. A person who is barred federally is barred regardless of state status. Note that being under indictment is addressed by 18 U.S.C. 922(n), not 922(g).

Restoration of the Right to Possess a Firearm (RCW 9.41.041)

A person prohibited under RCW 9.41.040 may petition a superior court to restore the right to possess a firearm under RCW 9.41.041, subject to several limits.

• Certain convictions can never be the basis for restoration: a felony sex offense, a class A felony, or a felony with a maximum sentence of at least 20 years (RCW 9.41.041(1)).
• For other prohibiting convictions, the person must have spent a required number of consecutive years in the community without a new disqualifying conviction: five years for a felony, or three years for nonfelony crimes (RCW 9.41.041(2)(a)).
• The petitioner must also have no pending charges, must have completed all sentencing conditions other than nonrestitution fines and fees, and must otherwise be eligible to pass a background check (RCW 9.41.041(2)(b)).

A state court order restores only the state right to possess a firearm. It does not by itself remove any separate federal disability, and it is not a license. Restoration of state rights does not guarantee that a concealed pistol license will be issued.

Mental Health Prohibitions and Restoration (RCW 9.41.047)

RCW 9.41.047 governs firearm prohibitions tied to mental health commitments and certain criminal findings. At the time a person is committed for treatment under RCW 71.05.240, RCW 71.05.320, RCW 71.34.740, RCW 71.34.750, or Chapter 10.77 RCW, or is found not guilty by reason of insanity, the court must order surrender of firearms and any concealed pistol license and must notify the person that possession is unlawful until the right is restored.

A person prohibited on these grounds may, on discharge, petition the superior court for restoration under RCW 9.41.047(3). The petitioner generally must prove by a preponderance of the evidence that court-ordered treatment is complete, that the underlying condition has been successfully managed, that the person no longer presents a substantial danger, that symptoms are not reasonably likely to recur, and that no extreme risk protection order is in effect. A person found not guilty by reason of insanity faces additional waiting and eligibility requirements.

Background Checks for Sales and Transfers (RCW 9.41.113)

Washington requires a background check for nearly all firearm sales and transfers, including private sales, gun show sales, and online sales (RCW 9.41.113(1)). When neither party is a licensed dealer, the parties must process the transfer through a licensed dealer, who runs the background check as if selling from inventory (RCW 9.41.113(3)).

RCW 9.41.113(4) lists exceptions, including bona fide gifts or loans between certain immediate family members, transfers of antique firearms, short-term transfers to prevent imminent harm, transfers to prevent suicide, certain transfers at an authorized shooting range or organized competition, and certain transfers by operation of law on the death of an owner.

A knowing violation of RCW 9.41.113 is a gross misdemeanor, and a repeat violation is a class C felony (RCW 9.41.115). Each firearm transferred without the required check is a separate offense.

Purchase Requirements: Safety Training and Waiting Period (RCW 9.41.090, RCW 9.41.092, RCW 9.41.1132)

House Bill 1143 (2023 c 161), effective January 1, 2024, added requirements that a dealer must satisfy before delivering any firearm to a purchaser. Under RCW 9.41.090(1), a dealer may not deliver a firearm until:

• The purchaser provides proof of completing a recognized firearm safety training program within the last five years that meets the standards in RCW 9.41.1132, or proof of an exemption.
• The Washington State Patrol firearms background check program confirms the purchaser is eligible to possess a firearm under state and federal law.
• The requirements and time periods in RCW 9.41.092 are met.

RCW 9.41.092 sets a waiting period: the dealer may not deliver the firearm until 10 business days have elapsed from the date the dealer requested the background check.

Extreme Risk Protection Orders (Chapter 7.105 RCW)

Washington allows family, household members, and law enforcement to seek an extreme risk protection order against a person who poses a significant danger of harming themselves or others with a firearm. These orders are now part of the unified civil protection order statute, Chapter 7.105 RCW (for example, the temporary extreme risk protection order provisions in RCW 7.105.330). An extreme risk protection order can require the person to surrender firearms and prohibits the person from possessing or buying firearms while the order is in effect.

Voluntary Waiver of Firearm Rights (RCW 9.41.350)

RCW 9.41.350 lets a person voluntarily waive their own firearm rights by filing a form with the clerk of the court. Once accepted, the waiver is entered into the national background check system, and possession or purchase of a firearm becomes unlawful for that person under RCW 9.41.040(7). The person may file a revocation no sooner than seven calendar days after filing the waiver. Records of a voluntary waiver are confidential and may not be used against the person in a legal proceeding.

Key Statutes Referenced

This page explains the law in general terms and is not legal advice. Firearm restrictions change frequently in Washington and several provisions are subject to ongoing litigation. Confirm the current statute text and consult a Washington attorney before acting.