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Legal Information: Washington

State Gun Laws

Updated: 
December 15, 2023

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

Washington law states that a person cannot have or buy a gun if:

 

1. S/he has been convicted, or found not guilty by reason of insanity, of a “serious offense.”1 A serious offense is any one of the following or a felony attempt to commit any one of the following:

  • any “crime of violence” (defined in RCW 9.41.010(7));
  • any felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
  • child molestation in the second degree;
  • incest when committed against a child under age fourteen;
  • indecent liberties;
  • leading organized crime;
  • promoting prostitution in the first degree;
  • rape in the third degree;
  • drive-by shooting;
  • sexual exploitation;
  • vehicular assault or vehicular homicide when due to driving under the influence or in a reckless manner;
  • any other class B felony offense with a finding of “sexual motivation,” defined in RCW 9.94A.030;
  • any other felony with a “deadly weapon verdict,” defined in RCW 9.94A.825;
  • any felony offense that was in effect at any time prior to June 6, 1996 that is comparable to a “serious offense,” or any federal or out-of-state conviction for a felony that would be a “serious offense” in Washington;
  • any felony conviction for violating background check requirements for firearm sales under RCW 9.41.115; or
  • any felony charged under RCW 46.61.502(6) or 46.61.504(6).2

2. S/he was convicted or found not guilty by reason of insanity of any felony or:

  • any of the following offenses against a family or household member:
  • any of the following offenses regardless of who it involved:
    • domestic violence;
    • staking or cyberstalking;
    • cyber harassment;
    • harassment;
    • aiming or discharging a firearm;
    • unlawful carrying or handling of a firearm;
    • animal cruelty in the second degree; or
    • any prior offense committed within seven years of conviction for any other prior offense under RCW 46.61.5055 ;
  • violation of an order to surrender and prohibit weapons; or
  • violation of an extreme risk protection order.3

3. S/he has a protection order issued against him/her if the following conditions are met:

  • the protection order was issued after a hearing where the abuser had a chance to appear and participate;
  • the order prohibits:
    • the abuser from harassing, stalking, threatening an intimate partner or the intimate partner’s child or doing anything that would place an intimate partner in reasonable fear of bodily injury; and
    • the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; and
  • the order includes a determination by the judge (“finding”) that the abuser presents a credible threat to the safety of his/her intimate partner or child;or

4. S/he:

  • has been involuntarily committed for mental health treatment;
  • has been found incompetent to stand trial and the judge has stated that s/he has a history of violent acts;
  • is under 18 years of age and does not qualify for an exception; or
  • is pending trial, appeal, or sentencing for a “serious offense” listed in #1, above.5

There are also federal gun laws that prohibit someone who has a protection order issued against him/her or who was convicted of certain crimes from possessing a gun. Go to our Federal Gun Laws page for more information.

1 R.C.W. § 9.41.040(1)(a)
2 R.C.W. § 9.41.010(42)
3 R.C.W. § 9.41.040(2)(a)(i)
4 R.C.W. § 9.41.040(2)(a)(ii)
5 R.C.W. § 9.41.040(2)(a)(iii), (iv), (v), (vi)

How can I find out if the abuser has been convicted of a crime?

Misdemeanor and felony records are open to the public but they are not always easy to access.  If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor.  Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS).  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS.  Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?