CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1143
Chapter 161, Laws of 2023
68th Legislature
2023 Regular Session
FIREARMS—PURCHASE AND TRANSFER
EFFECTIVE DATE: January 1, 2024
Passed by the House April 14, 2023 CERTIFICATE
Yeas 52 Nays 44
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1143 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 7, 2023
Yeas 28 Nays 18
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved April 25, 2023 10:52 AM FILED
April 25, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1143
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Berry, Walen, Reed, Peterson, Street, Bateman, Ramel, Senn, Callan,
Doglio, Macri, Lekanoff, Duerr, Pollet, Davis, Kloba, Fosse, and
Ormsby; by request of Office of the Governor)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to enhancing requirements for the purchase or
2 transfer of firearms by requiring a permit to purchase firearms,
3 firearms safety training, and a 10-day waiting period, prohibiting
4 firearms transfers prior to completion of a background check, and
5 updating and creating consistency in firearms transfer and background
6 check procedures; amending RCW 9.41.090, 9.41.047, 9.41.092,
7 9.41.094, 9.41.097, 9.41.0975, 9.41.110, and 9.41.1135; adding a new
8 section to chapter 9.41 RCW; creating a new section; repealing 2019 c
9 244 s 1; and providing an effective date.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 Sec. 1. RCW 9.41.090 and 2019 c 3 s 3 are each amended to read
12 as follows:
13 (1) In addition to the other requirements of this chapter, no
14 dealer may deliver a ((pistol)) firearm to the purchaser thereof
15 until:
16 (a) The purchaser ((produces a valid concealed pistol license and
17 the dealer has recorded the purchaser's name, license number, and
18 issuing agency, such record to be made in triplicate and processed as
19 provided in subsection (6) of this section. For purposes of this
20 subsection (1)(a), a "valid concealed pistol license" does not
21 include a temporary emergency license, and does not include any
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 1 license issued before July 1, 1996, unless the issuing agency
2 conducted a records search for disqualifying crimes under RCW
3 9.41.070 at the time of issuance)) provides proof of completion of a
4 recognized firearm safety training program within the last five years
5 that complies with the requirements in section 2 of this act, or
6 proof that the purchaser is exempt from the training requirement;
7 (b) The dealer is notified ((in writing by (i) the chief of
8 police or the sheriff of the jurisdiction in which the purchaser
9 resides that the purchaser is eligible to possess a pistol under RCW
10 9.41.040 and that the application to purchase is approved by the
11 chief of police or sheriff; or (ii) the state)) by the Washington
12 state patrol firearms background check program that the purchaser is
13 eligible to possess a firearm under ((RCW 9.41.040, as provided in
14 subsection (3)(b) of this section; or)) state and federal law; and
15 (c) The requirements ((or)) and time periods in RCW 9.41.092 have
16 been satisfied.
17 (2) ((In addition to the other requirements of this chapter, no
18 dealer may deliver a semiautomatic assault rifle to the purchaser
19 thereof until:
20 (a) The purchaser provides proof that he or she has completed a
21 recognized firearm safety training program within the last five years
22 that, at a minimum, includes instruction on:
23 (i) Basic firearms safety rules;
24 (ii) Firearms and children, including secure gun storage and
25 talking to children about gun safety;
26 (iii) Firearms and suicide prevention;
27 (iv) Secure gun storage to prevent unauthorized access and use;
28 (v) Safe handling of firearms; and
29 (vi) State and federal firearms laws, including prohibited
30 firearms transfers.
31 The training must be sponsored by a federal, state, county, or
32 municipal law enforcement agency, a college or university, a
33 nationally recognized organization that customarily offers firearms
34 training, or a firearms training school with instructors certified by
35 a nationally recognized organization that customarily offers firearms
36 training. The proof of training shall be in the form of a
37 certification that states under the penalty of perjury the training
38 included the minimum requirements; and
39 (b) The dealer is notified in writing by (i) the chief of police
40 or the sheriff of the jurisdiction in which the purchaser resides
p. 2 E2SHB 1143.SL
 1 that the purchaser is eligible to possess a firearm under
2 RCW 9.41.040 and that the application to purchase is approved by the
3 chief of police or sheriff; or (ii) the state that the purchaser is
4 eligible to possess a firearm under RCW 9.41.040, as provided in
5 subsection (3)(b) of this section; or
6 (c) The requirements or time periods in RCW 9.41.092 have been
7 satisfied.
8 (3)(a) Except as provided in (b) of this subsection, in)) In
9 determining whether the purchaser ((meets the requirements of RCW
10 9.41.040)) is eligible to possess a firearm, the ((chief of police or
11 sheriff, or the designee of either,)) Washington state patrol
12 firearms background check program shall check with the ((national
13 crime information center, including the)) national instant criminal
14 background check system, provided for by the Brady handgun violence
15 prevention act (18 U.S.C. Sec. 921 et seq.), the Washington state
16 patrol electronic database, the health care authority electronic
17 database, the administrative office of the courts, LInX-NW, and with
18 other agencies or resources as appropriate, to determine whether the
19 applicant is ineligible under RCW 9.41.040 to possess a firearm.
20 (((b) The state, through the legislature or initiative process,
21 may enact a statewide firearms background check system equivalent to,
22 or more comprehensive than, the check required by (a) of this
23 subsection to determine that a purchaser is eligible to possess a
24 firearm under RCW 9.41.040. Once a state system is established, a
25 dealer shall use the state system and national instant criminal
26 background check system, provided for by the Brady handgun violence
27 prevention act (18 U.S.C. Sec. 921 et seq.), to make criminal
28 background checks of applicants to purchase firearms.
29 (4) In any case under this section where the applicant has an
30 outstanding warrant for his or her arrest from any court of competent
31 jurisdiction for a felony or misdemeanor, the dealer shall hold the
32 delivery of the pistol or semiautomatic assault rifle until the
33 warrant for arrest is served and satisfied by appropriate court
34 appearance. The local jurisdiction for purposes of the sale, or the
35 state pursuant to subsection (3)(b) of this section, shall confirm
36 the existence of outstanding warrants within seventy-two hours after
37 notification of the application to purchase a pistol or semiautomatic
38 assault rifle is received. The local jurisdiction shall also
39 immediately confirm the satisfaction of the warrant on request of the
40 dealer so that the hold may be released if the warrant was for an
p. 3 E2SHB 1143.SL
 1 offense other than an offense making a person ineligible under RCW
2 9.41.040 to possess a firearm.
3 (5) In any case where the chief or sheriff of the local
4 jurisdiction, or the state pursuant to subsection (3)(b) of this
5 section, has reasonable grounds based on the following circumstances:
6 (a) Open criminal charges, (b) pending criminal proceedings, (c)
7 pending commitment proceedings, (d) an outstanding warrant for an
8 offense making a person ineligible under RCW 9.41.040 to possess a
9 firearm, or (e) an arrest for an offense making a person ineligible
10 under RCW 9.41.040 to possess a firearm, if the records of
11 disposition have not yet been reported or entered sufficiently to
12 determine eligibility to purchase a firearm, the local jurisdiction
13 or the state may hold the sale and delivery of the pistol or
14 semiautomatic assault rifle up to thirty days in order to confirm
15 existing records in this state or elsewhere. After thirty days, the
16 hold will be lifted unless an extension of the thirty days is
17 approved by a local district court, superior court, or municipal
18 court for good cause shown. A dealer shall be notified of each hold
19 placed on the sale by local law enforcement or the state and of any
20 application to the court for additional hold period to confirm
21 records or confirm the identity of the applicant.
22 (6))) (3)(a) At the time of applying for the purchase of a
23 ((pistol or semiautomatic assault rifle)) firearm, the purchaser
24 shall sign ((in triplicate)) and deliver to the dealer an application
25 containing:
26 (i) His or her full name, residential address, date and place of
27 birth, race, and gender;
28 (ii) The date and hour of the application;
29 (iii) The applicant's driver's license number or state
30 identification card number;
31 (iv) A description of the ((pistol or semiautomatic assault
32 rifle)) firearm including the make, model, caliber and manufacturer's
33 number if available at the time of applying for the purchase of ((a
34 pistol or semiautomatic assault rifle)) the firearm. If the
35 manufacturer's number is not available at the time of applying for
36 the purchase of a ((pistol or semiautomatic assault rifle)) firearm,
37 the application may be processed, but delivery of the ((pistol or
38 semiautomatic assault rifle)) firearm to the purchaser may not occur
39 unless the manufacturer's number is recorded on the application by
40 the dealer and transmitted to the ((chief of police of the
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 1 municipality or the sheriff of the county in which the purchaser
2 resides, or the state pursuant to subsection (3)(b) of this section))
3 Washington state patrol firearms background check program; and
4 (v) A statement that the purchaser is eligible to purchase and
5 possess a firearm under state and federal law((; and
6 (vi) If purchasing a semiautomatic assault rifle, a statement by
7 the applicant under penalty of perjury that the applicant has
8 completed a recognized firearm safety training program within the
9 last five years, as required by subsection (2) of this section)).
10 (b) The ((application)) dealer shall ((contain)) provide the
11 applicant with information that contains two warnings substantially
12 stated as follows:
13 (i) CAUTION: Although state and local laws do not differ, federal
14 law and state law on the possession of firearms differ. If you are
15 prohibited by federal law from possessing a firearm, you may be
16 prosecuted in federal court. State permission to purchase a firearm
17 is not a defense to a federal prosecution; and
18 (ii) CAUTION: The presence of a firearm in the home has been
19 associated with an increased risk of death to self and others,
20 including an increased risk of suicide, death during domestic
21 violence incidents, and unintentional deaths to children and others.
22 The purchaser shall be given a copy of the department of fish and
23 wildlife pamphlet on the legal limits of the use of firearms and
24 firearms safety.
25 (c) The dealer shall, by the end of the business day, ((sign and
26 attach his or her address and deliver a copy of the application and
27 such other documentation as required under subsections (1) and (2) of
28 this section to the chief of police of the municipality or the
29 sheriff of the county of which the purchaser is a resident, or the
30 state pursuant to subsection (3)(b) of this section)) transmit the
31 information from the application through secure automated firearms e-
32 check (SAFE) to the Washington state patrol firearms background check
33 program. The ((triplicate)) original application shall be retained by
34 the dealer for six years.
35 (d) The dealer shall deliver the ((pistol or semiautomatic
36 assault rifle)) firearm to the purchaser ((following)) once the
37 requirements and period of time specified in this chapter ((unless
38 the dealer is notified of an investigative hold under subsection (5)
39 of this section in writing by the chief of police of the
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 1 municipality, the sheriff of the county, or the state, whichever is
2 applicable, or of the denial of the purchaser's application to
3 purchase and the grounds thereof)) are satisfied. The application
4 shall not be denied unless the purchaser is not eligible to purchase
5 or possess the firearm under state or federal law or has not complied
6 with the requirements of this section.
7 (((d))) (e) The ((chief of police of the municipality or the
8 sheriff of the county, or the state pursuant to subsection (3)(b) of
9 this section,)) Washington state patrol firearms background check
10 program shall retain or destroy applications to purchase a ((pistol
11 or semiautomatic assault rifle)) firearm in accordance with the
12 requirements of 18 U.S.C. Sec. 922.
13 (((7)(a) To help offset the administrative costs of implementing
14 this section as it relates to new requirements for semiautomatic
15 assault rifles, the department of licensing may require the dealer to
16 charge each semiautomatic assault rifle purchaser or transferee a fee
17 not to exceed twenty-five dollars, except that the fee may be
18 adjusted at the beginning of each biennium to levels not to exceed
19 the percentage increase in the consumer price index for all urban
20 consumers, CPI-W, or a successor index, for the previous biennium as
21 calculated by the United States department of labor.
22 (b) The fee under (a) of this subsection shall be no more than is
23 necessary to fund the following:
24 (i) The state for the cost of meeting its obligations under this
25 section;
26 (ii) The health care authority, mental health institutions, and
27 other health care facilities for state-mandated costs resulting from
28 the reporting requirements imposed by RCW 9.41.097(1); and
29 (iii) Local law enforcement agencies for state-mandated local
30 costs resulting from the requirements set forth under RCW 9.41.090
31 and this section.
32 (8))) (4) A person who knowingly makes a false statement
33 regarding identity or eligibility requirements on the application to
34 purchase a firearm is guilty of false swearing under RCW 9A.72.040.
35 (((9))) (5) This section does not apply to sales to licensed
36 dealers for resale or to the sale of antique firearms.
37 NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW
38 to read as follows:
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 1 (1) A person applying for the purchase or transfer of a firearm
2 must provide proof of completion of a recognized firearms safety
3 training program within the last five years that, at a minimum,
4 includes instruction on:
5 (a) Basic firearms safety rules;
6 (b) Firearms and children, including secure gun storage and
7 talking to children about gun safety;
8 (c) Firearms and suicide prevention;
9 (d) Secure gun storage to prevent unauthorized access and use;
10 (e) Safe handling of firearms;
11 (f) State and federal firearms laws, including prohibited
12 firearms transfers and locations where firearms are prohibited;
13 (g) State laws pertaining to the use of deadly force for self-
14 defense; and
15 (h) Techniques for avoiding a criminal attack and how to manage a
16 violent confrontation, including conflict resolution.
17 (2) The training must be sponsored by a federal, state, county,
18 or municipal law enforcement agency, a college or university, a
19 nationally recognized organization that customarily offers firearms
20 training, or a firearms training school with instructors certified by
21 a nationally recognized organization that customarily offers firearms
22 training. The proof of training shall be in the form of a
23 certification