Traveling to a new state always requires research, especially when it involves firearms. Can I Travel To Washington State With A Gun? Yes, you can travel to Washington State with a gun, but it’s essential to understand and comply with Washington’s firearms laws to ensure a hassle-free trip. TRAVELS.EDU.VN is here to provide the information you need for a safe and enjoyable visit, ensuring you are well-informed about firearm regulations. Understanding these regulations can help you plan your trip with peace of mind, avoiding any legal issues.
1. Understanding Washington State’s Firearms Laws
Washington State has specific laws regarding firearms that travelers need to be aware of. It’s important to understand these laws to ensure compliance and avoid any legal issues during your visit.
1.1 Where Can I Find Washington’s Firearms Laws?
Washington’s firearms laws are detailed in Chapter 9.41 RCW. Additionally, local cities, towns, and counties may have their own regulations. Checking with the local sheriff’s office or police department can help you understand these local ordinances.
1.2 What is Washington’s Law Regarding Open Carry?
There’s no Washington statute directly prohibiting openly carrying a firearm. However, RCW 9.41.270 outlines restrictions. Be aware that firearms are prohibited in certain places. For specific circumstances, contacting your local sheriff’s office, police department, or a private attorney is advisable.
1.3 What is Washington’s Law Regarding Short-Barreled Rifles?
Washington’s law concerning short-barreled rifles can be found at RCW 9.41.190.
1.4 Where Can I Find Information About Compliance with the National Firearms Act (NFA)?
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides information about the NFA on its website. Resources include an NFA Handbook. For notifications, send your NFA form to the police department if you live in a city, or to the sheriff’s office if you live outside the city.
1.5 Are There Places in Washington Where I am Prohibited From Possessing My Firearm?
Yes, Washington law designates specific areas where possessing a firearm is a violation. These include:
- Restricted access areas of jails or law enforcement facilities
- Areas used in connection with court proceedings
- Restricted access areas of mental health facilities
- Establishments classified by the liquor and cannabis board as off-limits to persons under 21
- Restricted access areas of commercial service airports
- Public or private elementary and secondary school premises
Relevant statutes can be found at RCW 9.41.300 and RCW 9.41.280. Local municipalities may also have additional laws.
1.6 When Are Children Allowed to Possess a Firearm Under Washington Law?
Under RCW 9.41.040(2)(a)(v), it is a crime for anyone under 18 to possess a firearm, unless permissible under RCW 9.41.042. Federal law prohibits selling a firearm to someone under 18.
1.7 Under What Circumstances Can a Person Who is Between 18 and 21 Years Old Possess a Pistol or Semiautomatic Assault Rifle?
RCW 9.41.240 outlines the requirements for possession of a pistol or semiautomatic assault rifle by individuals between 18 and 21. Exceptions may apply under 9.41.050 or 9.41.060.
1.8 How Do the Laws Regarding a Concealed Pistol License Affect the Carrying of Other Firearms?
In Washington, licenses are issued only for the concealed carry of pistols, defined in RCW 9.41.010(21).
1.9 What is Washington’s Law Regarding Assault Weapons?
Washington law RCW 9.41.390 and 9.41.395, prohibits the manufacture, importation, distribution, sale, or offering for sale any assault weapon, except as authorized under the law.
1.10 How Does RCW 9.41.010 Define “Assault Weapon?”
Under the law, an “assault weapon” means:
- Any of the specific firearms regardless of which company produced or manufactured the fire arm in the law which are clearly listed in the law. Click here for a complete list of the specific firearms referenced in SHB 1240;
- 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;
- A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more of the attachments specifically listed in the law. Click here for a complete list of the specific attachments referenced in SHB 1240;
- 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 attachments specifically listed in the law. Click here for a complete list of the specific attachments referenced in SHB 1240; or
- A semiautomatic shotgun with any of the attachments specifically listed in the law. Click here for a complete list of the specific attachments referenced in SHB 1240.
Under the law “assault weapon” does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
1.11 What is Washington’s Law Regarding Large Capacity Magazines?
ESSB 5078, codified as RCW 9.41.370 and 9.41.375, prohibits manufacturing, importing, distributing, selling, or offering for sale any large capacity magazine.
1.12 How Does Washington Law Define “Large Capacity Magazine?”
“Large capacity magazine” means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person.
This definition does not include:
- An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition;
- A .22 caliber tube ammunition feeding device; or
- A tubular magazine that is contained in a lever-action firearm.
2. Concealed Carry in Washington State
Understanding the rules for concealed carry is crucial for visitors to Washington. The state has specific regulations regarding concealed pistol licenses and reciprocity agreements with other states.
2.1 What States Recognize Washington’s Concealed Pistol License?
To see if your state’s concealed pistol license is recognized in Washington, visit the concealed pistol license reciprocity page. This page also provides information on other states’ recognition of a Washington license.
2.2 I Will Be Visiting Washington and Want to Continue Carrying a Concealed Pistol. What Does Washington Law Require I Do?
Except in your home or fixed place of business, and subject to the exceptions listed in RCW 9.41.060, under RCW 9.41.050 you cannot carry a pistol concealed on your person in Washington without a license or permit to carry a concealed pistol. Please visit our concealed pistol license reciprocity page for detailed information about whether Washington will recognize a concealed pistol license or permit issued to you by another state.
2.3 How Do I Apply for a Washington Concealed Pistol License?
You can apply for a Washington concealed pistol license at any local law enforcement agency in the state. Contact a sheriff’s office or police department through the local city or county government. You must apply in person at a local law enforcement office. RCW 9.41.070 provides further information about applications and fees, including provisions for non-residents.
2.4 I’m Moving to Washington and Want to Continue Carrying a Concealed Pistol. What Does Washington Law Require I Do?
RCW 9.41.073(1)(b) requires that once you become a resident, you must obtain a Washington concealed pistol license. Apply in person at any local law enforcement agency.
2.5 Why Doesn’t Washington Recognize My Concealed Pistol License or Permit Issued by Another State?
Visit our concealed pistol license reciprocity page for detailed information about Washington’s reciprocity law and other states.
3. Safe Transportation of Firearms
Properly transporting firearms is critical to ensure safety and legal compliance. Understanding the guidelines for transporting firearms in Washington can help prevent any accidental violations.
3.1 General Guidelines for Transporting Firearms
When transporting firearms, they should be unloaded and stored in a case or compartment separate from the passenger area. Ammunition should also be stored separately.
3.2 Can I Carry Concealed While I am Engaging in Outdoor Recreational Activity?
A person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, is not prohibited from carrying a concealed firearm only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area. RCW 9.41.060(8).
3.3 Can I Carry a Firearm While I am at Work?
The answer depends upon the nature of your employment and whether possession of a firearm at your workplace is allowed by your employer and/ or state law, including RCW 9.41.300. Employers may establish workplace rules prohibiting employees from possessing firearms.
4. Restrictions and Prohibited Areas
Certain locations in Washington have specific restrictions on firearms. Knowing these areas can help you avoid unintentional violations of the law.
4.1 Specific Locations Where Firearms Are Prohibited
As mentioned earlier, firearms are prohibited in restricted access areas of jails, court facilities, mental health facilities, establishments off-limits to those under 21, commercial service airports, and school premises.
4.2 Local Ordinances and Regulations
Remember to check local city, town, and county ordinances for any additional restrictions that may apply in specific areas.
5. Penalties for Violating Firearms Laws
Violating Washington’s firearms laws can result in serious consequences, including criminal charges and civil liability.
5.1 What Are the Penalties for Violating RCW 9.41.390 and 9.41.395?
Yes. A person in Washington State who manufactures, imports, distributes, sells, or offers for sale any assault weapon, except as authorized under the law, is guilty of a gross misdemeanor. Such an act also constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of RCW 19.86, the Consumer Protection Act. A failure to comply with the law can therefore result in criminal and/or civil liability.
5.2 Are There Penalties for Violating the Law Regarding Large Capacity Magazines?
Yes, a violation of RCW 9.41.370, constitutes a gross misdemeanor punishable under RCW 9A.20. Furthermore, pursuant to RCW 9.41.375, distributing, selling, offering for sale, or facilitating the online sale, distribution, or transfer of a large capacity magazine is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the Washington State Consumer Protection Act, RCW 19.86.
5.3 Criminal Charges and Civil Liability
Depending on the violation, penalties can range from misdemeanors to felonies, along with potential civil lawsuits under the Consumer Protection Act.
6. Restoration of Firearm Rights
Individuals who have lost their right to possess firearms due to certain convictions or mental health treatments may be able to restore those rights under specific conditions.
6.1 How Do I Restore My Right to Possess Firearms?
Washington’s law addressing restoration of a right to possess firearms generally can be found at RCW 9.41.040(4). Additionally, RCW 9.41.047 addresses restoration of rights for a person who is prohibited from possessing a firearm by reason of having been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, chapter 10.77 RCW, or equivalent statutes of another jurisdiction.
6.2 Obtaining an Order from the Superior Court
Obtaining an Order from the Superior Court restoring your right to possess a firearm does not guarantee that a concealed pistol license or any other firearm-related permit or license will be issued to you.
6.3 Federal vs. State Law
Restoration of your state right is not a defense to a federal prosecution. Federal and state law on firearm possession are different in certain circumstances. Even if your state right is restored, if you are prohibited from possessing a firearm by federal law, you may still be subject to prosecution in federal court.
7. Specific Laws and Regulations
Washington has specific laws concerning assault weapons and large capacity magazines that travelers need to be aware of.
7.1 Laws Regarding Assault Weapons
RCW 9.41.390 and 9.41.395 prohibit the manufacture, importation, distribution, sale, or offering for sale of assault weapons, except as authorized.
7.2 Are There Situations When RCW 9.41.390 Would Not Apply?
RCW 9.41.390 does not apply to any of the following:
- The manufacture, importation, distribution, offer for sale, or sale of an assault weapon by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the State of Washington, or to any law enforcement agency for use by that agency or its employees for law enforcement purposes, or to a person who does not reside in this state;
- The importation, distribution, offer for sale, or sale of an assault weapon by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The distribution, offer for sale, or sale of an assault weapon to or by a dealer that is properly licensed under federal and state law where the dealer acquires the assault weapon from an individual legally authorized to possess or transfer the assault weapon for the purpose of selling or transferring the assault weapon to a person who does not reside in this state.
- The out-of-state sale or transfer of the existing stock of assault weapons owned by a licensed dealer that was acquired prior to January 1, 2023, for the limited period of 90 days after the effective date of this section; and
- The receipt of an assault weapon by a person who, on or after April 25, 2023, acquires possession of the assault weapon by operation of law upon the death of the former owner who was in legal possession of the assault weapon, provided the person in possession of the assault weapon can establish such provenance.
7.3 Do I Still Need to Comply with the Requirements of RCW 9.41.390 and 9.41.395 Even Though There Are Lawsuits Challenging the Law?
Yes. This law, like any other, is presumed constitutional and in force unless a court rules otherwise. No court has held any part of RCW 9.41.390 or 9.41.395 to be unconstitutional. Although there are lawsuits challenging the law, courts have not yet ruled on any issues in those case and rulings are not expected for some time. Consequently, a failure to comply with the law could result in criminal and/or civil liability.
7.4 Laws Regarding Large Capacity Magazines
ESSB 5078, codified as RCW 9.41.370 and 9.41.375, prohibits manufacturing, importing, distributing, selling, or offering for sale any large capacity magazine.
7.5 Are There Situations When RCW 9.41.370 Would Not Apply?
RCW 9.41.370 does not apply to:
- The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the State of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
- The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; or
- The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state.
7.6 Do I Still Need to Comply with the Requirements of RCW 9.41.370 and 9.41.375 Even Though There Are Lawsuits Challenging the Law?
Yes. This law, like any other, is presumed constitutional and in force unless a court rules otherwise. No court has held any part of RCW 9.41.370 or 9.41.375 to be unconstitutional. Although there are lawsuits challenging the law, courts have not yet ruled on any issues in those case and rulings are not expected for some time. Consequently, a failure to comply with the law could result in criminal and/or civil liability.
7.7 Transfers of Large Capacity Magazines
RCW 9.41.370 does not prohibit transfers, which are defined as the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. However, you may need to comply with the background check requirements for private transfers of firearms under RCW 9.41.113.
Facilitating the transfer of a large capacity magazine online is prohibited under RCW 9.41.375.
“Transfer” does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the State of Washington to, or return of such a firearm by, any of that entity’s employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.
7.8 Definitions: Distribute, Import, Manufacture, Sale, and Sell
Understanding these definitions is crucial for compliance with Washington’s firearms laws.
| Term | Definition |
|---|---|
| Distribute | To give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in state or out-of-state. |
| Import | To move, transport, or receive an item from a place outside the territorial limits of the State of Washington to a place inside the territorial limits of the State of Washington. |
| Manufacture | With respect to a firearm or large capacity magazine, the fabrication, making, formation, production, or construction of a firearm or large capacity magazine, by manual labor or by machinery. |
| Sale and Sell | The actual approval of the delivery of a firearm in consideration of payment or promise of payment. |
8. Resources for More Information
Several resources are available to help you stay informed about Washington’s firearms laws.
8.1 Washington State Bar Association
Consult a private attorney for personal legal advice. You may find help through the Washington State Bar Association here.
8.2 Local Law Enforcement
Local law enforcement is often the best source of information regarding Washington’s firearms laws. Contact the police department if you live in a city or the sheriff’s office if you live outside the city.
8.3 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The ATF website provides comprehensive information on federal firearms regulations.
8.4 Washington State Department of Licensing, Firearms
The Department of Licensing acts as a record-keeper of issued firearms licenses. Their website is here.
8.5 Washington State Department of Fish & Wildlife
Information about the requirements for Washington’s hunting licenses and permits can be found on the Department of Fish and Wildlife’s website here.
9. Role of the Attorney General’s Office
The Attorney General’s Office has a specific role in enforcing firearms laws, but it does not provide personal legal advice.
9.1 What is the Role of the Attorney General’s Office With Regard to RCW 9.41.390 and 9.41.395?
The Attorney General’s Office may initiate civil litigation against any person or entity who violates the law’s ban on manufacturing, importing, distributing, selling, or offering for sale any assault weapon, except as authorized under the law, in Washington state.
9.2 What is the Role of the Attorney General’s Office With Regard to ESSB 5078?
The Attorney General’s Office may initiate civil litigation against any person or entity who distributes, sells, offers for sale, or facilitates the online sale, distribution, or transfer of a large capacity magazine.
9.3 Why Can’t the Attorney General’s Office Advise Me Personally?
The Attorney General’s Office serves as a legal advisor to Washington state agencies, boards and commissions and is prohibited by law from advising private citizens regarding personal legal matters.
9.4 Can I Request an Opinion from the Attorney General to Interpret Washington’s Firearms Law?
Attorney General Opinions cannot be issued at the request of private individuals. Only designated public officials can request an Attorney General opinion.
9.5 Can You Clarify the Firearms Laws for Me or Tell Me How the Law Will Apply to Me or My Business?
The Attorney General’s Office is not authorized to provide advice to private individuals or business owners on personal legal matters.
10. Frequently Asked Questions (FAQ)
To help clarify some common questions, here’s a list of FAQs regarding traveling to Washington State with a gun.
10.1 Can I Bring My Firearm to Washington State for Hunting?
Yes, but you must comply with all state and federal laws, including licensing and transportation requirements.
10.2 What Should I Do If I Am Stopped by Law Enforcement While Transporting a Firearm?
Remain calm, inform the officer that you are transporting a firearm, and provide all necessary documentation.
10.3 Does Washington Have Any Restrictions on the Types of Firearms I Can Bring?
Yes, Washington has restrictions on assault weapons and large capacity magazines. Make sure your firearms comply with these laws.
10.4 Can I Store My Firearm in My Hotel Room?
Check with the hotel’s policy on firearms. Ensure the firearm is stored securely and in compliance with state law.
10.5 What Is Considered a Concealed Firearm in Washington?
A concealed firearm is any firearm that is carried on a person in a manner that is not readily visible to others.
10.6 Are There Background Check Requirements for Private Transfers of Firearms?
Yes, you may need to comply with the background check requirements for private transfers of firearms under RCW 9.41.113.
10.7 What Is Legal Advice?
Legal advice means giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others which is a portion of the overall practice of law by applying legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law.
10.8 I Own an Assault Weapon That Was Legal to Purchase Before the Law Went Into Effect. Am I Still Allowed to Keep It?
Washington’s law does not ban possession of assault weapons.
10.9 I Own Magazines That Hold More Than 10 Rounds That Were Legal to Purchase Before the Law Went Into Effect. Am I Still Allowed to Keep Them?
Washington’s law does not ban possession of large-capacity magazines.
10.10 Who is a “dealer” under Washington law?
“Dealer” includes a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a).
A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
Alt text: Overview of key firearm regulations and restrictions in Washington State, including concealed carry and prohibited areas.
Alt text: A detailed map showing states that honor Washington’s concealed pistol license and those whose permits are recognized in Washington, essential for safe and legal travel.
Alt text: Illustration showing how to properly and legally transport a firearm in Washington State, including necessary cases and storage requirements.
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