In 2023, Washington became the 10th state to generally ban the sale and manufacture of assault weapons.1 Unlike most other states with assault weapon bans, however, Washington does not ban or regulate the possession of assault weapons, only their sale, manufacture, import, and distribution. Under the law, a person may legally inherit an assault weapon and sell their assault weapon to a federally licensed gun dealer.
An assault weapon is defined as a firearm on a list of specifically named firearms or:2
- A semiautomatic rifle that has an overall length of less than 30 inches;
- A conversion kit, part, or combination of parts, from which an assault weapon can be assembled, or from which a firearm can be converted into an assault weapon if those parts are in the possession or under the control of the same person; or
- A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more of the following:
- A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
- Thumbhole stock;
- Folding or telescoping stock;
- Forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
- Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor, silencer, or any item designed to reduce the visual or audio signature of the firearm;
- Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel to reduce recoil or muzzle rise;
- Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle break, or similar item;
- Grenade launcher or flare launcher; or
- A shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel.
- A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
- A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
- A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
- A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
- A second hand grip;
- A shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel; or
- The capacity to accept a detachable magazine at some location outside of the pistol grip.
- A semiautomatic shotgun that has any of the following:
- A folding or telescoping stock;
- A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol;
- A thumbhole stock;
- A forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control;
- A fixed magazine in excess of seven rounds; or
- A revolving cylinder shotgun.
In 2018, voters approved a ballot initiative (effective July 1, 2019) that imposes sale and possession restrictions on ‘semiautomatic assault rifles’, defined as “ any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.” This definition encompasses effectively all semiautomatic rifles.3
These restrictions include:
- Raising the minimum age to purchase a semiautomatic rifle to 214
- Creating a 10 day waiting period for all purchases and transfers of semiautomatic rifles5 which, as of 2024, is extended to all firearms
- Requiring prospective purchasers (as of January 1, 2024, applicable to all firearm purchases) to provide proof of having taken safety training within the last five years which includes:
- Basic firearms safety rules
- Firearms and children, including secure gun storage and talking to children about gun safety
- Firearms and suicide prevention
- Secure gun storage to prevent unauthorized access and use
- Safe handling of firearms
- State and federal firearms laws, including prohibited firearms transfers
- State laws pertaining to the use of deadly force for self-defense; and
- Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.6
- Stories provided by individuals with lived experience in the topics listed in subsection (1)(a) through (g) of this section or an understanding of the legal and social impacts of discharging a firearm.
The measure also imposes restrictions on where individuals between 18 and 21 can possess semiautomatic rifles. With some exceptions, these individuals can carry only:
- In the person’s home
- At the person’s fixed place of business
- On real property under the person’s control
- Outside these areas, provided that the gun is unloaded and is either in secure storage or secured with a trigger lock for the specific purpose of:
- Moving to a new home
- Traveling between the person’s home and real property under his or her control
- Selling or transferring the firearm.7
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- Rev. Code Wash. (ARCW) Chp. 9.41 as amended by 2023 HB 1240.[↩]
- Rev. Code Wash. (ARCW) § 9.41.010(2)(a).[↩]
- Washington Proposition 1639.[↩]
- Rev. Code Wash. (ARCW) § 9.41.240(1).[↩]
- Rev. Code Wash. (ARCW) § 9.41.092.[↩]
- Rev. Code Wash. (ARCW) § 9.41____ as added by Section 2, 2023 HB 1143.[↩]
- Rev. Code Wash. (ARCW) § 9.41.240(3).[↩]