CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5006
Chapter 262, Laws of 2023
68th Legislature
2023 Regular Session
VOLUNTARY WAIVERS OF FIREARM RIGHTS—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023
Passed by the Senate April 13, 2023 CERTIFICATE
Yeas 33 Nays 14
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SUBSTITUTE SENATE
BILL 5006 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
Passed by the House March 24, 2023
Yeas 61 Nays 35
SARAH BANNISTER
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved May 4, 2023 10:37 AM FILED
May 4, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE SENATE BILL 5006
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Law & Justice (originally sponsored by Senators Pedersen,
Rivers, Dhingra, Frame, Hasegawa, Hunt, Kuderer, Mullet, Nobles,
Stanford, and Valdez)
READ FIRST TIME 01/20/23.
1 AN ACT Relating to clarifying waiver of firearm rights; amending
2 RCW 9.41.040, 9.41.350, and 9.41.352; reenacting and amending RCW
3 9.41.010; adding a new section to chapter 9.41 RCW; and prescribing
4 penalties.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 9.41.010 and 2022 c 105 s 2 and 2022 c 104 s 2 are
7 each reenacted to read as follows:
8 Unless the context clearly requires otherwise, the definitions in
9 this section apply throughout this chapter.
10 (1) "Antique firearm" means a firearm or replica of a firearm not
11 designed or redesigned for using rim fire or conventional center fire
12 ignition with fixed ammunition and manufactured in or before 1898,
13 including any matchlock, flintlock, percussion cap, or similar type
14 of ignition system and also any firearm using fixed ammunition
15 manufactured in or before 1898, for which ammunition is no longer
16 manufactured in the United States and is not readily available in the
17 ordinary channels of commercial trade.
18 (2) "Assemble" means to fit together component parts.
19 (3) "Barrel length" means the distance from the bolt face of a
20 closed action down the length of the axis of the bore to the crown of
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 1 the muzzle, or in the case of a barrel with attachments to the end of
2 any legal device permanently attached to the end of the muzzle.
3 (4) "Bump-fire stock" means a butt stock designed to be attached
4 to a semiautomatic firearm with the effect of increasing the rate of
5 fire achievable with the semiautomatic firearm to that of a fully
6 automatic firearm by using the energy from the recoil of the firearm
7 to generate reciprocating action that facilitates repeated activation
8 of the trigger.
9 (5) "Crime of violence" means:
10 (a) Any of the following felonies, as now existing or hereafter
11 amended: Any felony defined under any law as a class A felony or an
12 attempt to commit a class A felony, criminal solicitation of or
13 criminal conspiracy to commit a class A felony, manslaughter in the
14 first degree, manslaughter in the second degree, indecent liberties
15 if committed by forcible compulsion, kidnapping in the second degree,
16 arson in the second degree, assault in the second degree, assault of
17 a child in the second degree, extortion in the first degree, burglary
18 in the second degree, residential burglary, and robbery in the second
19 degree;
20 (b) Any conviction for a felony offense in effect at any time
21 prior to June 6, 1996, which is comparable to a felony classified as
22 a crime of violence in (a) of this subsection; and
23 (c) Any federal or out-of-state conviction for an offense
24 comparable to a felony classified as a crime of violence under (a) or
25 (b) of this subsection.
26 (6) "Curio or relic" has the same meaning as provided in 27
27 C.F.R. Sec. 478.11.
28 (7) "Dealer" means a person engaged in the business of selling
29 firearms at wholesale or retail who has, or is required to have, a
30 federal firearms license under 18 U.S.C. Sec. 923(a). A person who
31 does not have, and is not required to have, a federal firearms
32 license under 18 U.S.C. Sec. 923(a), is not a dealer if that person
33 makes only occasional sales, exchanges, or purchases of firearms for
34 the enhancement of a personal collection or for a hobby, or sells all
35 or part of his or her personal collection of firearms.
36 (8) "Distribute" means to give out, provide, make available, or
37 deliver a firearm or large capacity magazine to any person in this
38 state, with or without consideration, whether the distributor is in-
39 state or out-of-state. "Distribute" includes, but is not limited to,
40 filling orders placed in this state, online or otherwise.
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 1 "Distribute" also includes causing a firearm or large capacity
2 magazine to be delivered in this state.
3 (9) "Family or household member" has the same meaning as in RCW
4 7.105.010.
5 (10) "Federal firearms dealer" means a licensed dealer as defined
6 in 18 U.S.C. Sec. 921(a)(11).
7 (11) "Federal firearms importer" means a licensed importer as
8 defined in 18 U.S.C. Sec. 921(a)(9).
9 (12) "Federal firearms manufacturer" means a licensed
10 manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).
11 (13) "Felony" means any felony offense under the laws of this
12 state or any federal or out-of-state offense comparable to a felony
13 offense under the laws of this state.
14 (14) "Felony firearm offender" means a person who has previously
15 been convicted or found not guilty by reason of insanity in this
16 state of any felony firearm offense. A person is not a felony firearm
17 offender under this chapter if any and all qualifying offenses have
18 been the subject of an expungement, pardon, annulment, certificate,
19 or rehabilitation, or other equivalent procedure based on a finding
20 of the rehabilitation of the person convicted or a pardon, annulment,
21 or other equivalent procedure based on a finding of innocence.
22 (15) "Felony firearm offense" means:
23 (a) Any felony offense that is a violation of this chapter;
24 (b) A violation of RCW 9A.36.045;
25 (c) A violation of RCW 9A.56.300;
26 (d) A violation of RCW 9A.56.310;
27 (e) Any felony offense if the offender was armed with a firearm
28 in the commission of the offense.
29 (16) "Firearm" means a weapon or device from which a projectile
30 or projectiles may be fired by an explosive such as gunpowder.
31 "Firearm" does not include a flare gun or other pyrotechnic visual
32 distress signaling device, or a powder-actuated tool or other device
33 designed solely to be used for construction purposes.
34 (17)(a) "Frame or receiver" means a part of a firearm that, when
35 the complete firearm is assembled, is visible from the exterior and
36 provides housing or a structure designed to hold or integrate one or
37 more fire control components, even if pins or other attachments are
38 required to connect the fire control components. Any such part
39 identified with a serial number shall be presumed, absent an official
40 determination by the bureau of alcohol, tobacco, firearms, and
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 1 explosives or other reliable evidence to the contrary, to be a frame
2 or receiver.
3 (b) For purposes of this subsection, "fire control component"
4 means a component necessary for the firearm to initiate, complete, or
5 continue the firing sequence, including any of the following: Hammer,
6 bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing
7 pin, striker, or slide rails.
8 (18) "Gun" has the same meaning as firearm.
9 (19) "Import" means to move, transport, or receive an item from a
10 place outside the territorial limits of the state of Washington to a
11 place inside the territorial limits of the state of Washington.
12 "Import" does not mean situations where an individual possesses a
13 large capacity magazine when departing from, and returning to,
14 Washington state, so long as the individual is returning to
15 Washington in possession of the same large capacity magazine the
16 individual transported out of state.
17 (20) "Intimate partner" has the same meaning as provided in RCW
18 7.105.010.
19 (21) "Large capacity magazine" means an ammunition feeding device
20 with the capacity to accept more than 10 rounds of ammunition, or any
21 conversion kit, part, or combination of parts, from which such a
22 device can be assembled if those parts are in possession of or under
23 the control of the same person, but shall not be construed to include
24 any of the following:
25 (a) An ammunition feeding device that has been permanently
26 altered so that it cannot accommodate more than 10 rounds of
27 ammunition;
28 (b) A 22 caliber tube ammunition feeding device; or
29 (c) A tubular magazine that is contained in a lever-action
30 firearm.
31 (22) "Law enforcement officer" includes a general authority
32 Washington peace officer as defined in RCW 10.93.020, or a specially
33 commissioned Washington peace officer as defined in RCW 10.93.020.
34 "Law enforcement officer" also includes a limited authority
35 Washington peace officer as defined in RCW 10.93.020 if such officer
36 is duly authorized by his or her employer to carry a concealed
37 pistol.
38 (23) "Lawful permanent resident" has the same meaning afforded a
39 person "lawfully admitted for permanent residence" in 8 U.S.C. Sec.
40 1101(a)(20).
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 1 (24) "Licensed collector" means a person who is federally
2 licensed under 18 U.S.C. Sec. 923(b).
3 (25) "Licensed dealer" means a person who is federally licensed
4 under 18 U.S.C. Sec. 923(a).
5 (26) "Loaded" means:
6 (a) There is a cartridge in the chamber of the firearm;
7 (b) Cartridges are in a clip that is locked in place in the
8 firearm;
9 (c) There is a cartridge in the cylinder of the firearm, if the
10 firearm is a revolver;
11 (d) There is a cartridge in the tube or magazine that is inserted
12 in the action; or
13 (e) There is a ball in the barrel and the firearm is capped or
14 primed if the firearm is a muzzle loader.
15 (27) "Machine gun" means any firearm known as a machine gun,
16 mechanical rifle, submachine gun, or any other mechanism or
17 instrument not requiring that the trigger be pressed for each shot
18 and having a reservoir clip, disc, drum, belt, or other separable
19 mechanical device for storing, carrying, or supplying ammunition
20 which can be loaded into the firearm, mechanism, or instrument, and
21 fired therefrom at the rate of five or more shots per second.
22 (28) "Manufacture" means, with respect to a firearm or large
23 capacity magazine, the fabrication, making, formation, production, or
24 construction of a firearm or large capacity magazine, by manual labor
25 or by machinery.
26 (29) "Mental health professional" means a psychiatrist,
27 psychologist, or physician assistant working with a supervising
28 psychiatrist, psychiatric advanced registered nurse practitioner,
29 psychiatric nurse, social worker, mental health counselor, marriage
30 and family therapist, or such other mental health professionals as
31 may be defined in statute or by rules adopted by the department of
32 health pursuant to the provisions of chapter 71.05 RCW.
33 (30) "Nonimmigrant alien" means a person defined as such in 8
34 U.S.C. Sec. 1101(a)(15).
35 (((30))) (31) "Person" means any individual, corporation,
36 company, association, firm, partnership, club, organization, society,
37 joint stock company, or other legal entity.
38 (((31))) (32) "Pistol" means any firearm with a barrel less than
39 16 inches in length, or is designed to be held and fired by the use
40 of a single hand.
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 1 (((32))) (33) "Rifle" means a weapon designed or redesigned, made
2 or remade, and intended to be fired from the shoulder and designed or
3 redesigned, made or remade, and intended to use the energy of the
4 explosive in a fixed metallic cartridge to fire only a single
5 projectile through a rifled bore for each single pull of the trigger.
6 (((33))) (34) "Sale" and "sell" mean the actual approval of the
7 delivery of a firearm in consideration of payment or promise of
8 payment.
9 (((34))) (35) "Secure gun storage" means:
10 (a) A locked box, gun safe, or other secure locked storage space
11 that is designed to prevent unauthorized use or discharge of a
12 firearm; and
13 (b) The act of keeping an unloaded firearm stored by such means.
14 (((35))) (36)(a) "Semiautomatic assault rifle" means any rifle
15 which utilizes a portion of the energy of a firing cartridge to
16 extract the fired cartridge case and chamber the next round, and
17 which requires a separate pull of the trigger to fire each cartridge.
18 (b) "Semiautomatic assault rifle" does not include antique
19 firearms, any firearm that has been made permanently inoperable, or
20 any firearm that is manually operated by bolt, pump, lever, or slide
21 action.
22 (((36))) (37) "Serious offense" means any of the following
23 felonies or a felony attempt to commit any of the following felonies,
24 as now existing or hereafter amended:
25 (a) Any crime of violence;
26 (b) Any felony violation of the uniform controlled substances
27 act, chapter 69.50 RCW, that is classified as a class B felony or
28 that has a maximum term of imprisonment of at least 10 years;
29 (c) Child molestation in the second degree;
30 (d) Incest when committed against a child under age 14;
31 (e) Indecent liberties;
32 (f) Leading organized crime;
33 (g) Promoting prostitution in the first degree;
34 (h) Rape in the third degree;
35 (i) Drive-by shooting;
36 (j) Sexual exploitation;
37 (k) Vehicular assault, when caused by the operation or driving of
38 a vehicle by a person while under the influence of intoxicating
39 liquor or any drug or by the operation or driving of a vehicle in a
40 reckless manner;
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 1 (l) Vehicular homicide, when proximately caused by the driving of
2 any vehicle by any person while under the influence of intoxicating
3 liquor or any drug as defined by RCW 46.61.502, or by the operation
4 of any vehicle in a reckless manner;
5 (m) Any other class B felony offense with a finding of sexual
6 motivation, as "sexual motivation" is defined under RCW 9.94A.030;
7 (n) Any other felony with a deadly weapon verdict under RCW
8 9.94A.825;
9 (o) Any felony offense in effect at any time prior to June 6,
10 1996, that is comparable to a serious offense, or any federal or out-
11 of-state conviction for an offense that under the laws of this state
12 would be a felony classified as a serious offense; or
13 (p) Any felony conviction under RCW 9.41.115.
14 (((37))) (38) "Short-barreled rifle" means a rifle having one or
15 more barrels less than 16 inches in length and any weapon made from a
16 rifle by any means of modification if such modified weapon has an
17 overall length of less than 26 inches.
18 (((38))) (39) "Short-barreled shotgun" means a shotgun having one
19 or more barrels less than 18 inches in length and any weapon made
20 from a shotgun by any means of modification if such modified weapon
21 has an overall length of less than 26 inches.
22 (((39))) (40) "Shotgun" means a weapon with one or more barrels,
23 designed or redesigned, made or remade, and intended to be fired from
24 the shoulder and designed or redesigned, made or remade, and intended
25 to use the energy of the explosive in a fixed shotgun shell to fire
26 through a smooth bore either a number of ball shot or a single
27 projectile for each single pull of the trigger.
28 (((40))) (41) "Substance use disorder professional" means a
29 person certified under chapter 18.205 RCW.
30 (42) "Transfer" means the intended delivery of a firearm to
31 another person without consideration of payment or promise of payment
32 including, but not limited to, gifts and loans. "Transfer" does not
33 include the delivery of a firearm owned or leased by an entity
34 licensed or qualified to do business in th