Washington Constitutional Carry Laws

6 min readJun 21, 2024

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Overview of Gun Control Laws in Washington State

Increases in firearm deaths and mass shootings have led to new efforts each year to prevent gun violence. While the federal government has some regulations on firearms, political battles in Congress often prevent new federal legislation. As a result, gun control laws are primarily managed at the state level and vary widely across the country. Washington has some of the stricter gun control laws, including limits on high-capacity magazines enacted in 2022 and a ban on assault weapons in 2023.

Federal Firearms Law

At the national level, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) plays a key role in issuing federal gun licenses to firearms dealers and enforcing illegal trafficking in firearms and other crimes. Federal gun laws ban certain individuals, such as convicted felons, from possessing firearms and established the National Instant Criminal Background Check System (NICS) to prevent gun sales to prohibited persons.

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Washington State Gun Control Laws

Washington has a comprehensive set of firearms laws aimed at promoting gun safety and protecting gun owners’ rights. In 2020, the Washington legislature created the Office of Firearm Safety and Gun Violence Prevention to coordinate state efforts to promote violence-reduction strategies.

Regulation of Gun Purchases and Sales

Washington voters have passed several laws by ballot initiative to address concerns about gun purchases and sales:

Universal Background Checks (2016): Private sales must occur through licensed firearms dealers to ensure a background check on the purchaser.
Red Flag Law (2017): Courts can issue an extreme risk protection order to keep guns out of the hands of those who are a threat to themselves or others.
Minimum Age Requirement (2018): Raised the minimum age to buy handguns and semi-automatic rifles to 21.
Waiting Period and Firearms Safety Training (2023): Requires a waiting period and proof of firearms safety training for all gun purchases.

Concealed Carry License Requirements

To carry a concealed firearm in Washington, you must apply for a concealed pistol license (CPL) from the sheriff in your county or the chief law enforcement officer in your municipality. Non-residents can apply to any appropriate authority in the state. To qualify, you must:

Be at least 21 years old.
Pass a criminal background check.
Have no felony charges or pending felony or misdemeanor warrants.

Washington grants reciprocity for gun licenses from other states under limited circumstances, and the Office of the Washington Attorney General maintains a list of states whose laws qualify for reciprocity. Without a CPL, you can only carry a loaded pistol at your home or fixed place of business.

Location Restrictions for Firearms

Even with a CPL, certain locations restrict carrying firearms:

Courtrooms and court buildings
Schools
Restricted areas of public mental health facilities
Establishments off-limits to persons under 21 by the state liquor control board
Restricted areas of airports
Public libraries
Zoos and aquariums
Transit stations and facilities
Facilities used for school board meetings
Ballot counting centers
Restricted areas of jails, correctional facilities, or law enforcement offices
Outdoor music festivals

Open carry is not allowed in these locations and other specified areas, including the state capitol grounds and legislative offices.

Assault Weapons and Large-Capacity Magazines

Washington bans many dangerous weapons, including assault weapons, undetectable or ghost guns, and accessories like large-capacity magazines and bump stocks. There may be exceptions for members of the armed forces or state and local law enforcement. The state bans the sale, manufacture, import, and distribution of assault weapons but not their possession.

Child Access and Vehicle Restrictions

Minors under 18 cannot possess a firearm unless they meet specific exceptions, such as attending a hunter or firearms safety course or lawfully hunting under supervision. Only those 21 or older can buy a handgun or semi-automatic rifle.

Gun owners face criminal penalties if they store a firearm in a manner where an ineligible person gains access and uses the weapon to intimidate or commit a crime. Washington also bans having a loaded pistol in a vehicle unless the person has a CPL and keeps the gun on their person. Unloaded firearms must be locked and concealed from view.

Relevant Washington State Gun Laws

Revised Code of Washington (RCW) Title 9, Chapter 9.41: Covers definitions, unlawful possession, carrying firearms, concealed pistol licenses, background checks, child access, and restrictions on dangerous weapons.

Illegal Arms and Waiting Period

It is illegal to possess machine guns, bump-fire stocks, undetectable firearms, short-barreled shotguns and rifles, untraceable firearms, and firearms with altered identification marks. A 10-day waiting period is required after purchasing a firearm for a licensed dealer to perform a background check.

Eligibility for a Concealed Carry License

To get a concealed pistol license (CPL), you must:

Be 21 or older.
Not be prohibited from possessing a firearm under Washington or federal law.
Have no pending felony or misdemeanor charges.
Not have an outstanding warrant.
Pass a criminal background check.

Machine Gun Laws

It is illegal to manufacture, own, buy, sell, loan, furnish, transport, or possess a machine gun in Washington state, with an exception for machine guns acquired before July 1, 1994, in compliance with federal law.

Penalties for Illegal Possession on or Near School Grounds

Possessing a firearm on school premises, school-provided transportation, or school facilities is a misdemeanor, with penalties increasing for subsequent offenses and potential revocation of a CPL for three years.

Red Flag Law and Universal Background Checks

Washington’s red flag law allows courts to remove firearms from individuals deemed a threat to themselves or others. Universal background checks are required for all firearm purchases and transfers.

Stand-Your-Ground Law

While Washington has no specific stand-your-ground statute, courts have held that individuals acting in self-defense have no duty to retreat if they are in a place where they have a right to be.

Court Challenges After the Bruen Case

The 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen has led to increased legal challenges to gun regulations. Washington’s ban on large-capacity gun magazines is currently facing appeals in the courts.