In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated, but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state which is the federal prosecutor.  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Washington law states that a person cannot have or buy a gun if any of the four conditions listed below are true:

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:
  • harassment;
  • assault in the fourth degree;
  • coercion;
  • stalking;
  • reckless endangerment;
  • criminal trespass in the first degree; or
  • violation of the no-contact provision of a protection order or the provision requiring the abuser to say out of the victim’s residence;
• 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;⁴ 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)

Washington state law does allow a judge to order that an abuser’s guns be removed by an ex parte temporary protection order, but the judge must find that permanent (irreparable) injury could happen if the abuser’s guns are not removed before the hearing for the full protection order.¹ The judge also has the option to order that the abuser’s guns be surrendered if the judge believes that the possession of a firearm or other dangerous weapon is a serious and immediate (imminent) threat to the health or safety of the public or any individual.²

However, if there is no specific mention of a firearm restriction in the temporary protection order, then you may have to wait until you are given a full order.

¹ R.C.W. § 9.41.800(3)
² R.C.W. § 9.41.800(4)

If you receive a protection order that meets the standards explained in I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?, it should be clear to the abuser and law enforcement that it is illegal for the abuser to have a gun in his/her possession under Washington state law¹ and under federal law.

However, even if the order does not meet the all of those requirements, the judge must prohibit the abuser from buying or possessing a gun if the judge believes that the abuser:

• used, displayed, or threatened to use a gun or dangerous weapon while committing a felony; or
• previously committed a felony that would make him/her ineligible to buy or own a gun.²

¹ R.C.W. § 9.41.040(2)(a)(ii)
² R.C.W. § 9.41.800(1)

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?

If the judge orders the abuser to give up (surrender) his/her firearms, s/he will be required to surrender them to the local law enforcement agency.¹ If you are the abuser’s intimate partner or family or household member, it may be possible for you to be notified prior to the firearms being returned. The law says that a family or household member or an intimate partner can use “an incident or case number” to request notification from law enforcement when the firearms are going to be returned.² The same case number (or “cause number”) that is on your protection order should also be on the order to surrender, proof of surrender, and receipt for the weapons.

The law also requires that any person identified in a no-contact order, restraining order, or protection order be notified when firearms are being returned, along with any victim of a crime that resulted in the firearms being surrendered.³

From the moment you are notified, law enforcement must wait at least five business days before returning the firearms.⁴

¹ R.C.W. § 9.41.800(6)
² R.C.W. § 9.41.340(1)
³ R.C.W. § 9.41.340(1)(a)(ii)
⁴ R.C.W. §§ 9.41.340(1)(b); 9.41.345(3)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹  National Criminal Justice Reference Service website

Trying to understand both federal and state law can be confusing.  There are people who can help you better understand the law and your rights under the law.

• You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.
• You can contact us by writing to our Email Hotline.
• You can contact a local domestic violence organization in your area.