Here are the most frequently asked questions we get asked from potential clients about possessing, using, or buying firearms in Washington.
FAQ: Background Checks
Do I have to pass a background check to purchase a firearm in Washington?
Yes.
In 2014, Washington became the first state in the country to require federal background checks for all private gun sales and firearm transfers.
The National Instant Criminal Background Check System (NICS) is a federal background check system that allows licensed firearm dealers to determine “instantly” whether you are eligible to purchase a firearm.
An NICS search draws information from multiple state and federal databases, which include arrest records, warrants, mental health commitments, protection orders, immigration rulings, dishonorable military discharges, and criminal history records from all 50 states. The purpose of an NICS search is to prevent prohibited individuals from purchasing firearms. Contrary to popular belief, NICS is not a single list of people who cannot possess or buy firearms.
The Washington State Patrol (WSP) manages the background check process in Washington. This means WSP runs background checks using both NICS and additional state databases.
How long does a background check take?
Washington has a mandatory 10-day waiting period for all firearm purchases and transfers. Weekends and holidays do not count, so you may have to wait up to 2 weeks.
This applies to all firearm types, including handguns, shotguns, and semi-automatic assault rifles.
Can I give my spouse a firearm without going through a background check?
Yes.
Under RCW 9.41.113, you can transfer your firearm to your spouse or other immediate family members without going through a state or federal background check—so long as the recipient is legally allowed to possess firearms.
Immediate family includes spouses, domestic partners, parents, children, grandparents, nieces, nephews, uncles, or aunts. The definition also covers in-laws, but does not include stepparents, stepchildren, or stepsiblings.
What happens if I fail a background check?
You will receive a denial letter from the WSP Firearms Background Division via email or mail. The denial letter notifies you that your name will be entered into the state's Denied Firearm Applicant (DFA) database for the next six (6) years.
You will receive your NICS transaction number (NTN), a unique number associated with your firearm transaction request.
Contrary to what you might think, WSP does not tell you why you were denied. To receive the reason for your denial, you have to file an appeal.
How do I appeal a background check denial in Washington?
You must complete the appeal paperwork and email a notarized packet to [email protected]. You will receive appeal paperwork along with your denial letter.
Upon receiving the appeal, WSP re-examines the case, at which point they uphold the original denial or overturn the denial, which allows the firearm purchase or transfer to proceed.
RCW 43.43.823 describes the appeal process in Washington.
Is there a deadline to appeal a background check denial?
No.
There is no deadline to appeal a background check denial, but we recommend you file the appeal as soon as possible. If you win the appeal, WSP will remove your name from the DFA database.
FAQ: Concealed Pistol License
Am I eligible for a concealed pistol license (CPL)?
You must be at least 21 years old when you apply and you must pass a federal background check.
You must also be a U.S. citizen or lawful permanent resident (i.e., green card holder).
You do not have to complete a firearm safety course before applying for a CPL.
Washington is considered a “shall issue” state. That is, the State must issue you a CPL if you meet the statutory eligibility requirements.
How do I apply for a CPL?
You can apply for a CPL in person at the local county sheriff's office or police department. You must have a valid Washington state driver's license or state-issued ID, and you must submit fingerprints.
The application fee for a first-time CPL is $50, plus processing fees.
A CPL is valid for up to 5 years.
How long does it take to get a CPL?
Law enforcement has up to 30 days to issue a CPL if you have a valid driver's license or ID, but you may have to wait up to 60 days if you have been a resident of Washington for the past 90 days.
You also must wait longer if you do not have valid identification when you apply.
Can I carry a concealed pistol in my vehicle?
Yes, so long as the weapon is on you at all times.
If you leave the vehicle, you must securely lock your pistol inside the vehicle, and the pistol must be concealed from public view.
If you do not have a CPL, your weapon must be unloaded and locked within the vehicle and concealed from public view.
FAQ: Criminal Penalties
Am I prohibited from possessing a firearm in Washington?
Under RCW 9.41.040, you are legally prohibited from possessing, using, or owning a firearm in the following cases:
- You have been convicted (or found not guilty by reason of insanity) of a felony of a misdemeanor crime of domestic violence
- You have been involuntarily committed (court-ordered) for mental health treatment
- You are under 18 years old (with limited exceptions)
- You have been charged with a “serious offense” under RCW 9.41.010, even if you have not been convicted. This includes class A felonies, sex offenses, and class B drug offenses.
What are the penalties for unlawfully possessing a firearm in Washington?
Unlawful possession of a firearm in the second degree is a class C felony, which carries a maximum penalty of 5 years in state prison and a $10,000 fine.
Unlawful possession in the first degree is a class B felony, which carries a maximum penalty of 10 years in prison and a $20,000 fine. You are guilty of first-degree unlawful possession if you have been convicted (or found not guilty by reason of insanity) of any “serious offense” crime.
FAQ: General Questions
Can I purchase a firearm when I turn 18 years old?
No.
You must be at least 21 years old to purchase a firearm. You must also be at least 21 years old to apply for a concealed pistol license.
Can I possess a firearm when I turn 18 years old?
Yes.
If you are between 18 and 21 years old, you can only possess a handgun or semiautomatic assault rifle in your residence or business.
Can I possess a firearm if I am under 18 years old?
Under Washington law, a person under 18 may possess a handgun in specific cases:
- You are a member of the U.S, military and are on duty
- You are hunting with a valid license
- You are attending a hunter safety or firearm safety course
- You are using a firearm at your home or residence for lawful self-defense, and with a parent or guardian's permission.
Can I buy an assault weapon?
No.
In 2023, Washington became the 10th state in the country to ban the sale and manufacture of assault weapons, which include semiautomatic rifles like an AR-15.
But you can still lawfully own or possess an assault weapon that you legally acquired before the assault weapon ban went into effect on April 25, 2023.
Under Washington law, you can also legally inherit an assault weapon and sell this weapon to a federally licensed gun dealer.
Can I use or possess someone else's firearm if I am prohibited from possessing a firearm?
No.
If you have lost your firearm rights, you cannot use or possess a firearm, regardless of whether you own the firearm.
Can my spouse keep a firearm in our home if I am prohibited from possessing a firearm?
Yes.
However, your spouse could face criminal charges if you accessed the firearm, used the firearm, and your spouse reasonably should have known that you could have accessed the firearm. RCW 9.41.360.
Can I possess ammunition while I am prohibited from possessing firearms?
Yes.
Keep in mind, however, that it is illegal under federal law to possess ammunition if you are prohibited from possessing a firearm. 18 U.S.C. 922.
Do I need a license or permit to buy or possess a firearm?
No.
You only need a license to carry a concealed pistol.
Do I have to secure my firearm when I leave my home?
No.
Unlike many states, Washington does not have a safe storage requirement for firearms, but you may face jail or prison time if a prohibited person accesses and uses the firearm. RCW 9.41.360.
Can I carry a loaded weapon in public?
Yes.
Washington is considered an “open carry” state, which means you can carry a loaded firearm in public without a license if you are at least 21 years old.
Major exceptions include jails, schools, airports, childcare centers, and mental health facilities.
You cannot carry a loaded handgun in a vehicle, however, without a valid CPL.
Can I hunt while my firearm rights are prohibited?
Yes.
You can hunt wildlife in Washington without a firearm. Instead. you can use a crossbow or air rifle, among other licensed weapons.
All you need is a valid hunting license. There is no minimum or maximum age requirement.
