Z-0273.1
SENATE BILL 5211
State of Washington 68th Legislature 2023 Regular Session
By Senators Liias, Trudeau, Dhingra, Frame, Hunt, Keiser, Kuderer,
Lovelett, Lovick, Nguyen, Nobles, Pedersen, Robinson, Stanford,
Valdez, and C. Wilson; by request of Office of the Governor
Prefiled 01/06/23. Read first time 01/09/23. Referred to Committee
on Law & Justice.
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, 43.43.590, 9.41.047,
7 9.41.049, 9.41.092, 9.41.094, 9.41.097, 9.41.0975, 9.41.110,
8 9.41.1135, 9.41.345, 9.41.270, 9.41.280, 9.41.282, 9.41.284,
9 9.41.800, 9.41.801, 9.41.802, 9.41.804, 9.41.815, 7.105.305,
10 7.105.330, 7.105.335, 7.105.340, 7.105.350, 7.105.570, 10.31.100,
11 10.99.033, 10.99.040, 11.130.257, 26.09.060, 71.05.182, and
12 72.23.080; reenacting and amending RCW 7.105.310 and 10.99.030;
13 adding new sections to chapter 9.41 RCW; adding a new section to
14 chapter 43.43 RCW; repealing 2019 c 244 s 1; and providing an
15 effective date.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
17 Sec. 1. RCW 9.41.090 and 2019 c 3 s 3 are each amended to read
18 as follows:
19 (1) In addition to the other requirements of this chapter, no
20 dealer may deliver a ((pistol)) firearm to the purchaser thereof
21 until:
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 1 (a) The purchaser produces a valid ((concealed pistol license and
2 the dealer has recorded the purchaser's name, license number, and
3 issuing agency, such record to be made in triplicate and processed as
4 provided in subsection (6) of this section. For purposes of this
5 subsection (1)(a), a "valid concealed pistol license" does not
6 include a temporary emergency license, and does not include any
7 license issued before July 1, 1996, unless the issuing agency
8 conducted a records search for disqualifying crimes under RCW
9 9.41.070 at the time of issuance)) permit to purchase firearms issued
10 under section 2 of this act;
11 (b) The dealer is notified ((in writing by (i) the chief of
12 police or the sheriff of the jurisdiction in which the purchaser
13 resides that the purchaser is eligible to possess a pistol under RCW
14 9.41.040 and that the application to purchase is approved by the
15 chief of police or sheriff; or (ii) the state)) by the Washington
16 state patrol firearms background check program that the purchaser is
17 eligible to possess a firearm under RCW 9.41.040((, as provided in
18 subsection (3)(b) of this section; or)); and
19 (c) The requirements ((or)) and time periods in RCW 9.41.092 have
20 been satisfied.
21 (2) ((In addition to the other requirements of this chapter, no
22 dealer may deliver a semiautomatic assault rifle to the purchaser
23 thereof until:
24 (a) The purchaser provides proof that he or she has completed a
25 recognized firearm safety training program within the last five years
26 that, at a minimum, includes instruction on:
27 (i) Basic firearms safety rules;
28 (ii) Firearms and children, including secure gun storage and
29 talking to children about gun safety;
30 (iii) Firearms and suicide prevention;
31 (iv) Secure gun storage to prevent unauthorized access and use;
32 (v) Safe handling of firearms; and
33 (vi) State and federal firearms laws, including prohibited
34 firearms transfers.
35 The training must be sponsored by a federal, state, county, or
36 municipal law enforcement agency, a college or university, a
37 nationally recognized organization that customarily offers firearms
38 training, or a firearms training school with instructors certified by
39 a nationally recognized organization that customarily offers firearms
40 training. The proof of training shall be in the form of a
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 1 certification that states under the penalty of perjury the training
2 included the minimum requirements; and
3 (b) The dealer is notified in writing by (i) the chief of police
4 or the sheriff of the jurisdiction in which the purchaser resides
5 that the purchaser is eligible to possess a firearm under
6 RCW 9.41.040 and that the application to purchase is approved by the
7 chief of police or sheriff; or (ii) the state that the purchaser is
8 eligible to possess a firearm under RCW 9.41.040, as provided in
9 subsection (3)(b) of this section; or
10 (c) The requirements or time periods in RCW 9.41.092 have been
11 satisfied.
12 (3)(a) Except as provided in (b) of this subsection, in)) In
13 determining whether the purchaser meets the requirements of RCW
14 9.41.040, the ((chief of police or sheriff, or the designee of
15 either,)) Washington state patrol firearms background check program
16 shall check with the ((national crime information center, including
17 the)) national instant criminal background check system, provided for
18 by the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et
19 seq.), the Washington state patrol electronic database, the health
20 care authority electronic database, the administrative office of the
21 courts, LInX-NW, and with other agencies or resources as appropriate,
22 to determine whether the applicant is ineligible under RCW 9.41.040
23 to possess a firearm.
24 (((b) The state, through the legislature or initiative process,
25 may enact a statewide firearms background check system equivalent to,
26 or more comprehensive than, the check required by (a) of this
27 subsection to determine that a purchaser is eligible to possess a
28 firearm under RCW 9.41.040. Once a state system is established, a
29 dealer shall use the state system and national instant criminal
30 background check system, provided for by the Brady handgun violence
31 prevention act (18 U.S.C. Sec. 921 et seq.), to make criminal
32 background checks of applicants to purchase firearms.
33 (4) In any case under this section where the applicant has an
34 outstanding warrant for his or her arrest from any court of competent
35 jurisdiction for a felony or misdemeanor, the dealer shall hold the
36 delivery of the pistol or semiautomatic assault rifle until the
37 warrant for arrest is served and satisfied by appropriate court
38 appearance. The local jurisdiction for purposes of the sale, or the
39 state pursuant to subsection (3)(b) of this section, shall confirm
40 the existence of outstanding warrants within seventy-two hours after
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 1 notification of the application to purchase a pistol or semiautomatic
2 assault rifle is received. The local jurisdiction shall also
3 immediately confirm the satisfaction of the warrant on request of the
4 dealer so that the hold may be released if the warrant was for an
5 offense other than an offense making a person ineligible under RCW
6 9.41.040 to possess a firearm.
7 (5) In any case where the chief or sheriff of the local
8 jurisdiction, or the state pursuant to subsection (3)(b) of this
9 section, has reasonable grounds based on the following circumstances:
10 (a) Open criminal charges, (b) pending criminal proceedings, (c)
11 pending commitment proceedings, (d) an outstanding warrant for an
12 offense making a person ineligible under RCW 9.41.040 to possess a
13 firearm, or (e) an arrest for an offense making a person ineligible
14 under RCW 9.41.040 to possess a firearm, if the records of
15 disposition have not yet been reported or entered sufficiently to
16 determine eligibility to purchase a firearm, the local jurisdiction
17 or the state may hold the sale and delivery of the pistol or
18 semiautomatic assault rifle up to thirty days in order to confirm
19 existing records in this state or elsewhere. After thirty days, the
20 hold will be lifted unless an extension of the thirty days is
21 approved by a local district court, superior court, or municipal
22 court for good cause shown. A dealer shall be notified of each hold
23 placed on the sale by local law enforcement or the state and of any
24 application to the court for additional hold period to confirm
25 records or confirm the identity of the applicant.
26 (6))) (3)(a) At the time of applying for the purchase of a
27 ((pistol or semiautomatic assault rifle)) firearm, the purchaser
28 shall sign ((in triplicate)) and deliver to the dealer an application
29 containing:
30 (i) His or her full name, residential address, date and place of
31 birth, race, and gender;
32 (ii) The date and hour of the application;
33 (iii) The applicant's driver's license number or state
34 identification card number;
35 (iv) The identification number of the applicant's permit to
36 purchase firearms;
37 (v) A description of the ((pistol or semiautomatic assault
38 rifle)) firearm including the make, model, caliber and manufacturer's
39 number if available at the time of applying for the purchase of ((a
40 pistol or semiautomatic assault rifle)) the firearm. If the
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 1 manufacturer's number is not available at the time of applying for
2 the purchase of a ((pistol or semiautomatic assault rifle)) firearm,
3 the application may be processed, but delivery of the ((pistol or
4 semiautomatic assault rifle)) firearm to the purchaser may not occur
5 unless the manufacturer's number is recorded on the application by
6 the dealer and transmitted to the ((chief of police of the
7 municipality or the sheriff of the county in which the purchaser
8 resides, or the state pursuant to subsection (3)(b) of this section))
9 Washington state patrol firearms background check program; and
10 (((v))) (vi) A statement that the purchaser is eligible to
11 purchase and possess a firearm under state and federal law((; and
12 (vi) If purchasing a semiautomatic assault rifle, a statement by
13 the applicant under penalty of perjury that the applicant has
14 completed a recognized firearm safety training program within the
15 last five years, as required by subsection (2) of this section)).
16 (b) The ((application)) dealer shall ((contain)) provide the
17 applicant with information that contains two warnings substantially
18 stated as follows:
19 (i) CAUTION: Although state and local laws do not differ, federal
20 law and state law on the possession of firearms differ. If you are
21 prohibited by federal law from possessing a firearm, you may be
22 prosecuted in federal court. State permission to purchase a firearm
23 is not a defense to a federal prosecution; and
24 (ii) CAUTION: The presence of a firearm in the home has been
25 associated with an increased risk of death to self and others,
26 including an increased risk of suicide, death during domestic
27 violence incidents, and unintentional deaths to children and others.
28 The purchaser shall be given a copy of the department of fish and
29 wildlife pamphlet on the legal limits of the use of firearms and
30 firearms safety.
31 (c) The dealer shall, by the end of the business day, ((sign and
32 attach his or her address and deliver a copy of the application and
33 such other documentation as required under subsections (1) and (2) of
34 this section to the chief of police of the municipality or the
35 sheriff of the county of which the purchaser is a resident, or the
36 state pursuant to subsection (3)(b) of this section)) transmit the
37 information from the application through secure automated firearms e-
38 check (SAFE) to the Washington state patrol firearms background check
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 1 program. The ((triplicate)) original application shall be retained by
2 the dealer for six years.
3 (d) The dealer shall deliver the ((pistol or semiautomatic
4 assault rifle)) firearm to the purchaser ((following)) once the
5 requirements and period of time specified in this chapter ((unless
6 the dealer is notified of an investigative hold under subsection (5)
7 of this section in writing by the chief of police of the
8 municipality, the sheriff of the county, or the state, whichever is
9 applicable, or of the denial of the purchaser's application to
10 purchase and the grounds thereof)) are satisfied. The application
11 shall not be denied unless the purchaser is not eligible to purchase
12 or possess the firearm under state or federal law or does not have a
13 valid permit to purchase firearms issued under section 2 of this act.
14 (((d))) (e) The ((chief of police of the municipality or the
15 sheriff of the county, or the state pursuant to subsection (3)(b) of
16 this section,)) Washington state patrol firearms background check
17 program shall retain or destroy applications to purchase a ((pistol
18 or semiautomatic assault rifle)) firearm in accordance with the
19 requirements of 18 U.S.C. Sec. 922.
20 (((7)(a) To help offset the administrative costs of implementing
21 this section as it relates to new requirements for semiautomatic
22 assault rifles, the department of licensing may require the dealer to
23 charge each semiautomatic assault rifle purchaser or transferee a fee
24 not to exceed twenty-five dollars, except that the fee may be
25 adjusted at the beginning of each biennium to levels not to exceed
26 the percentage increase in the consumer price index for all urban
27 consumers, CPI-W, or a successor index, for the previous biennium as
28 calculated by the United States department of labor.
29 (b) The fee under (a) of this subsection shall be no more than is
30 necessary to fund the following:
31 (i) The state for the cost of meeting its obligations under this
32 section;
33 (ii) The health care authority, mental health institutions, and
34 other health care facilities for state-mandated costs resulting from
35 the reporting requirements imposed by RCW 9.41.097(1); and
36 (iii) Local law enforcement agencies for state-mandated local
37 costs resulting from the requirements set forth under RCW 9.41.090
38 and this section.
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1 (8))) (4) A person who knowingly makes a false statement
2 regarding identity or eligibility requirements on the application to
3 purchase a firearm is guilty of false swearing under RCW 9A.72.040.
4 (((9))) (5) This section does not apply to sales to licensed
5 dealers for resale or to the sale of antique firearms.
6 NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW
7 to read as follows:
8 (1) A person may apply for a permit to purchase firearms with the
9 Washington state patrol firearms background check program.
10 (2) An applicant for a permit to purchase firearms must submit to
11 the Washington state patrol firearms background check program:
12 (a) A completed permit application as provided in subsection (3)
13 of this section;
14 (b) A complete set of fingerprints taken by the local law
15 enforcement agency in the jurisdiction in which the applicant
16 resides;
17 (c) A certificate of completion of a certified firearms safety
18 training program within the last five years, or proof that the
19 applicant is exempt from the training requirement, as provided in
20 section 3 of this act; and
21 (d) The permit application fee as provided in subsection (11) of
22 this section.
23 (3) An application for a permit to purchase firearms must include
24 the applicant's:
25 (a) Full name and place and date of birth;
26 (b) Residential address and mailing address if different from the
27 residential address;
28 (c) Driver's license number or state identification card number;
29 (d) Physical description;
30 (e) Race and gender;
31 (f) Telephone number and email address, at the option of the
32 applicant; and
33 (g) Signature.
34 (4) The application must contain questions about the applicant's
35 eligibility to possess firearms under state and federal law and
36 whether the applicant is a United States citizen. If the applicant is
37 not a United States citizen, the applicant must provide the
38 applicant's country of citizenship, United States-issued alien number
39 or admission number, and the basis on which the applicant claims to
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 1 be exempt from federal prohibitions on firearm possession by aliens.
2 The applicant shall not be required to produce a birth certificate or
3 other evidence of citizenship. A person who is not a citizen of the
4 United States shall, if applicable, meet the additional requirements
5 of RCW 9.41.173 and produce proof of compliance with RCW 9.41.173
6 upon application.
7 (5) A signed application for a permit to purchase firearms shall
8 constitute a waiver of confidentiality and written request that the
9 health care authority, mental health institutions, and other health
10 care facilities release information relevant to the applicant's
11 eligibility for a permit to purchase firearms to an inquiring court
12 or the Washington state patrol firearms background check program.
13 (6