Z-0275.1
HOUSE BILL 1180
State of Washington 68th Legislature 2023 Regular Session
By Representatives Peterson, Senn, Alvarado, Reed, Walen, Street,
Berry, Bateman, Ramel, Fitzgibbon, Doglio, Macri, Callan, Simmons,
Lekanoff, Duerr, Gregerson, Bergquist, Pollet, Davis, Fosse, Ormsby,
and Tharinger; by request of Office of the Governor and Attorney
General
Prefiled 01/06/23. Read first time 01/09/23. Referred to Committee
on Civil Rights & Judiciary.
1 AN ACT Relating to establishing firearms-related safety measures
2 to increase public safety by prohibiting the manufacture,
3 importation, distribution, selling, and offering for sale of assault
4 weapons, and by providing limited exemptions applicable to licensed
5 firearm manufacturers and dealers for purposes of sale to armed
6 forces branches and law enforcement agencies for purposes of sale or
7 transfer outside the state; reenacting and amending RCW 9.41.010;
8 adding new sections to chapter 9.41 RCW; creating a new section;
9 prescribing penalties; and declaring an emergency.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 NEW SECTION. Sec. 1. The legislature finds and declares that
12 gun violence is a threat to the public health and safety of
13 Washingtonians. Assault weapons are civilian versions of weapons
14 created for the military and are designed to kill humans quickly and
15 efficiently. For this reason the legislature finds that assault
16 weapons are "like" "M-16 rifles" and thus are "weapons most useful in
17 military service." Assault weapons have been used in the deadliest
18 mass shootings in the last decade. An assailant with an assault
19 weapon can hurt and kill twice the number of people than an assailant
20 with a handgun or nonassault rifle. This is because the additional
21 features of an assault weapon are not "merely cosmetic"; rather,
p. 1 HB 1180
 1 these are features that allow shooters to fire large numbers of
2 rounds quickly. An analysis of mass shootings that result in four or
3 more deaths found that 85 percent of those fatalities were caused by
4 an assault weapon. The legislature also finds that this regulation is
5 likely to have an impact on the number of mass shootings committed in
6 Washington. Studies have shown that during the period the federal
7 assault weapon ban was in effect, mass shooting fatalities were 70
8 percent less likely to occur. Moreover, the legislature finds that
9 assault weapons are not suitable for self-defense and that studies
10 show that assault weapons are statistically not used in self-defense.
11 The legislature finds that assault weapons are not commonly used in
12 self-defense and that any proliferation is not the result of the
13 assault weapon being well-suited for self-defense, hunting, or
14 sporting purposes. Rather, increased sales are the result of the gun
15 industry's concerted efforts to sell more guns to a civilian market.
16 The legislature finds that the gun industry has specifically marketed
17 these weapons as "tactical," "hyper masculine," and "military style"
18 in manner that overtly appeals to troubled young men intent on
19 becoming the next mass shooter. The legislature intends to limit the
20 prospective sale of assault weapons, while allowing existing legal
21 owners to retain the assault weapons they currently own.
22 Sec. 2. RCW 9.41.010 and 2022 c 105 s 2 and 2022 c 104 s 2 are
23 each reenacted and amended to read as follows:
24 Unless the context clearly requires otherwise, the definitions in
25 this section apply throughout this chapter.
26 (1) "Antique firearm" means a firearm or replica of a firearm not
27 designed or redesigned for using rim fire or conventional center fire
28 ignition with fixed ammunition and manufactured in or before 1898,
29 including any matchlock, flintlock, percussion cap, or similar type
30 of ignition system and also any firearm using fixed ammunition
31 manufactured in or before 1898, for which ammunition is no longer
32 manufactured in the United States and is not readily available in the
33 ordinary channels of commercial trade.
34 (2)(a) "Assault weapon" means:
35 (i) Any of the following specific firearms regardless of which
36 company produced and manufactured the firearm:
37 AK-47 in all forms
38 AK-74 in all forms
p. 2 HB 1180
1 Algimec AGM-1 type semiautomatic
2 American Arms Spectre da semiautomatic carbine
3 AR15, M16, or M4 in all forms
4 AR 180 type semiautomatic
5 Argentine L.S.R. semiautomatic
6 Australian Automatic
7 Auto-Ordnance Thompson M1 and 1927 semiautomatics
8 Barrett .50 cal light semiautomatic
9 Barrett .50 cal M87
10 Barrett .50 cal M107A1
11 Barrett REC7
12 Beretta AR70/S70 type semiautomatic
13 Bushmaster Carbon 15
14 Bushmaster ACR
15 Bushmaster XM-15
16 Bushmaster MOE
17 Calico models M100 and M900
18 CETME Sporter
19 CIS SR 88 type semiautomatic
20 Colt CAR 15
21 Daewoo K-1
22 Daewoo K-2
23 Dragunov semiautomatic
24 Fabrique Nationale FAL in all forms
25 Fabrique Nationale F2000
26 Fabrique Nationale L1A1 Sporter
27 Fabrique Nationale M249S
28 Fabrique Nationale PS90
29 Fabrique Nationale SCAR
30 FAMAS .223 semiautomatic
31 Galil
32 Heckler & Koch G3 in all forms
p. 3 HB 1180
 1 Heckler & Koch HK-41/91
2 Heckler & Koch HK-43/93
3 Heckler & Koch HK94A2/3
4 Heckler & Koch MP-5 in all forms
5 Heckler & Koch PSG-1
6 Heckler & Koch SL8
7 Heckler & Koch UMP
8 Manchester Arms Commando MK-45
9 Manchester Arms MK-9
10 SAR-4800
11 SIG AMT SG510 in all forms
12 SIG SG550 in all forms
13 SKS
14 Spectre M4
15 Springfield Armory BM-59
16 Springfield Armory G3
17 Springfield Armory SAR-8
18 Springfield Armory SAR-48
19 Springfield Armory SAR-3
20 Springfield Armory M-21 sniper
21 Springfield Armory M1A
22 Smith & Wesson M&P 15
23 Sterling Mk 1
24 Sterling Mk 6/7
25 Steyr AUG
26 TNW M230
27 FAMAS F11
28 Uzi 9mm carbine/rifle
29 (ii) A semiautomatic rifle that has an overall length of less
30 than 30 inches;
31 (iii) A conversion kit, part, or combination of parts, from which
32 an assault weapon can be assembled or from which a firearm can be
p. 4 HB 1180
 1 converted into an assault weapon if those parts are in the possession
2 or under the control of the same person; or
3 (iv) A semiautomatic, center fire rifle that has the capacity to
4 accept a detachable magazine and has one or more of the following:
5 (A) A grip that is independent or detached from the stock that
6 protrudes conspicuously beneath the action of the weapon. The
7 addition of a fin attaching the grip to the stock does not exempt the
8 grip if it otherwise resembles the grip found on a pistol;
9 (B) Thumbhole stock;
10 (C) Folding or telescoping stock;
11 (D) Forward pistol, vertical, angled, or other grip designed for
12 use by the nonfiring hand to improve control;
13 (E) Flash suppressor, flash guard, flash eliminator, flash hider,
14 sound suppressor, silencer, or any item designed to reduce the visual
15 or audio signature of the firearm;
16 (F) Muzzle brake, recoil compensator, or any item designed to be
17 affixed to the barrel to reduce recoil or muzzle rise;
18 (G) Threaded barrel designed to attach a flash suppressor, sound
19 suppressor, muzzle break, or similar item;
20 (H) Grenade launcher or flare launcher; or
21 (I) A shroud that encircles either all or part of the barrel
22 designed to shield the bearer's hand from heat, except a solid
23 forearm of a stock that covers only the bottom of the barrel;
24 (v) A semiautomatic, center fire rifle that has a fixed magazine
25 with the capacity to accept more than 10 rounds;
26 (vi) A semiautomatic pistol that has the capacity to accept a
27 detachable magazine and has one or more of the following:
28 (A) A threaded barrel, capable of accepting a flash suppressor,
29 forward handgrip, or silencer;
30 (B) A second hand grip;
31 (C) A shroud that encircles either all or part of the barrel
32 designed to shield the bearer's hand from heat, except a solid
33 forearm of a stock that covers only the bottom of the barrel; or
34 (D) The capacity to accept a detachable magazine at some location
35 outside of the pistol grip;
36 (vii) A semiautomatic shotgun that has any of the following:
37 (A) A folding or telescoping stock;
38 (B) A grip that is independent or detached from the stock that
39 protrudes conspicuously beneath the action of the weapon. The
p. 5 HB 1180
 1 addition of a fin attaching the grip to the stock does not exempt the
2 grip if it otherwise resembles the grip found on a pistol;
3 (C) A thumbhole stock;
4 (D) A forward pistol, vertical, angled, or other grip designed
5 for use by the nonfiring hand to improve control;
6 (E) A fixed magazine in excess of seven rounds; or
7 (F) A revolving cylinder shotgun.
8 (b) For the purposes of this subsection, "fixed magazine" means
9 an ammunition feeding device contained in, or permanently attached
10 to, a firearm in such a manner that the device cannot be removed
11 without disassembly of the firearm action.
12 (c) "Assault weapon" does not include antique firearms, any
13 firearm that has been made permanently inoperable, or any firearm
14 that is manually operated by bolt, pump, lever, or slide action.
15 (3) "Assemble" means to fit together component parts.
16 (((3))) (4) "Barrel length" means the distance from the bolt face
17 of a closed action down the length of the axis of the bore to the
18 crown of the muzzle, or in the case of a barrel with attachments to
19 the end of any legal device permanently attached to the end of the
20 muzzle.
21 (((4))) (5) "Bump-fire stock" means a butt stock designed to be
22 attached to a semiautomatic firearm with the effect of increasing the
23 rate of fire achievable with the semiautomatic firearm to that of a
24 fully automatic firearm by using the energy from the recoil of the
25 firearm to generate reciprocating action that facilitates repeated
26 activation of the trigger.
27 (((5))) (6) "Crime of violence" means:
28 (a) Any of the following felonies, as now existing or hereafter
29 amended: Any felony defined under any law as a class A felony or an
30 attempt to commit a class A felony, criminal solicitation of or
31 criminal conspiracy to commit a class A felony, manslaughter in the
32 first degree, manslaughter in the second degree, indecent liberties
33 if committed by forcible compulsion, kidnapping in the second degree,
34 arson in the second degree, assault in the second degree, assault of
35 a child in the second degree, extortion in the first degree, burglary
36 in the second degree, residential burglary, and robbery in the second
37 degree;
38 (b) Any conviction for a felony offense in effect at any time
39 prior to June 6, 1996, which is comparable to a felony classified as
40 a crime of violence in (a) of this subsection; and
p. 6 HB 1180
 1 (c) Any federal or out-of-state conviction for an offense
2 comparable to a felony classified as a crime of violence under (a) or
3 (b) of this subsection.
4 (((6))) (7) "Curio or relic" has the same meaning as provided in
5 27 C.F.R. Sec. 478.11.
6 (((7))) (8) "Dealer" means a person engaged in the business of
7 selling firearms at wholesale or retail who has, or is required to
8 have, a federal firearms license under 18 U.S.C. Sec. 923(a). A
9 person who does not have, and is not required to have, a federal
10 firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that
11 person makes only occasional sales, exchanges, or purchases of
12 firearms for the enhancement of a personal collection or for a hobby,
13 or sells all or part of his or her personal collection of firearms.
14 (((8))) (9) "Detachable magazine" means an ammunition feeding
15 device that can be loaded or unloaded while detached from a firearm
16 and readily inserted into a firearm.
17 (10) "Distribute" means to give out, provide, make available, or
18 deliver a firearm or large capacity magazine to any person in this
19 state, with or without consideration, whether the distributor is in-
20 state or out-of-state. "Distribute" includes, but is not limited to,
21 filling orders placed in this state, online or otherwise.
22 "Distribute" also includes causing a firearm or large capacity
23 magazine to be delivered in this state.
24 (((9))) (11) "Family or household member" has the same meaning as
25 in RCW 7.105.010.
26 (((10))) (12) "Federal firearms dealer" means a licensed dealer
27 as defined in 18 U.S.C. Sec. 921(a)(11).
28 (((11))) (13) "Federal firearms importer" means a licensed
29 importer as defined in 18 U.S.C. Sec. 921(a)(9).
30 (((12))) (14) "Federal firearms manufacturer" means a licensed
31 manufacturer as defined in 18 U.S.C. Sec. 921(a)(10).
32 (((13))) (15) "Felony" means any felony offense under the laws of
33 this state or any federal or out-of-state offense comparable to a
34 felony offense under the laws of this state.
35 (((14))) (16) "Felony firearm offender" means a person who has
36 previously been convicted or found not guilty by reason of insanity
37 in this state of any felony firearm offense. A person is not a felony
38 firearm offender under this chapter if any and all qualifying
39 offenses have been the subject of an expungement, pardon, annulment,
40 certificate, or rehabilitation, or other equivalent procedure based
p. 7 HB 1180
 1 on a finding of the rehabilitation of the person convicted or a
2 pardon, annulment, or other equivalent procedure based on a finding
3 of innocence.
4 (((15))) (17) "Felony firearm offense" means:
5 (a) Any felony offense that is a violation of this chapter;
6 (b) A violation of RCW 9A.36.045;
7 (c) A violation of RCW 9A.56.300;
8 (d) A violation of RCW 9A.56.310;
9 (e) Any felony offense if the offender was armed with a firearm
10 in the commission of the offense.
11 (((16))) (18) "Firearm" means a weapon or device from which a
12 projectile or projectiles may be fired by an explosive such as
13 gunpowder. "Firearm" does not include a flare gun or other
14 pyrotechnic visual distress signaling device, or a powder-actuated
15 tool or other device designed solely to be used for construction
16 purposes.
17 (((17))) (19)(a) "Frame or receiver" means a part of a firearm
18 that, when the complete firearm is assembled, is visible from the
19 exterior and provides housing or a structure designed to hold or
20 integrate one or more fire control components, even if pins or other
21 attachments are required to connect the fire control components. Any
22 such part identified with a serial number shall be presumed, absent
23 an official determination by the bureau of alcohol, tobacco,
24 firearms, and explosives or other reliable evidence to the contrary,
25 to be a frame or receiver.
26 (b) For purposes of this subsection, "fire control component"
27 means a component necessary for the firearm to initiate, complete, or
28 continue the firing sequence, including any of the following: Hammer,
29 bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing
30 pin, striker, or slide rails.
31 (((18))) (20) "Gun" has the same meaning as firearm.
32 (((19))) (21) "Import" means to move, transport, or receive an
33 item from a place outside the territorial limits of the state of
34 Washington to a place inside the territorial limits of the state of
35 Washington. "Import" does not mean situations where an individual
36 possesses a large capacity magazine when departing from, and
37 returning to, Washington state, so long as the individual is
38 returning to Washington in possession of the same large capacity
39 magazine the individual transported out of state.
p. 8 HB 1180
 1 (((20))) (21) "Intimate partner" has the same meaning as provided
2 in RCW 7.105.010.
3 (((21))) (22) "Large capacity magazine" means an ammunition
4 feeding device with the capacity to accept more than 10 rounds of
5 ammunition, or any conversion kit, part, or combination of parts,
6 from which such a device can be assembled if those parts are in
7 possession of or under the control of the same person, but shall not
8 be construed to include any of the following:
9 (a) An ammunition feeding