Washington

  1. WASHINGTON DOMESTIC VIOLENCE FIREARM PROHIBITIONS
    1. Washington Domestic Violence Firearm Purchase and Possession Prohibitions
  2. WASHINGTON COURT ORDER FIREARM REMOVAL
    1. Civil Orders that Require Removal
    2. Individuals Who May Petition for a Domestic Violence Order of Protection
    3. Removal Process
    4. Compliance
    5. Return of Firearms to Respondent/Defendant
    6. Penalties for Violation

Washington Law

WASHINGTON DOMESTIC VIOLENCE FIREARM PROHIBITIONS

Washington Domestic Violence Firearm Purchase and Possession Prohibitions

Washington prohibits possession of a firearm by persons convicted or found not guilty by reason of insanity of any of the following crimes when committed by one family or household member against another:

  1. Assault in the fourth degree;
  2. Coercion;
  3. Stalking;
  4. Reckless endangerment;
  5. Criminal trespass in the first degree; or
  6. Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence.1

Washington prohibits possession of a firearm by persons subject to a sexual assault protection order, stalking protective order, criminal no-contact order, antiharassment order, domestic violence order of protection, or restraining order in a family law action that:

  1. Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
  2. Restrains the person from harassing, stalking, or threatening the person protected under the order or child of the person or protected person, or engaging in other conduct that would place the protected person in reasonable fear of bodily injury to the protected person or child; and
  3. (I) Includes a finding that the person represents a credible threat to the physical safety of the protected person or child; and by its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the protected person or child that would reasonably be expected to cause bodily injury; or
    (II) Includes an order … requiring the person to surrender all firearms and prohibiting the person from accessing, obtaining, or possessing firearms.2

WASHINGTON COURT ORDER FIREARM REMOVAL

Civil Orders that Require Removal

“Any court when entering a [domestic violence order of protection] shall, upon a showing of clear and convincing evidence that a party has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes them ineligible to possess a firearm under [Washington law]:

  1. Require that the party immediately surrender all firearm and other dangerous weapons;
  2. Require that the party immediately surrender any concealed pistol license issued under [Washington law];
  3. Prohibit the party from accessing, obtaining or possessing any firearms or other dangerous weapons;
  4. Prohibit the party from obtaining or possessing a concealed pistol license.”3

While a person is subject to a court order that is firearm possession prohibitory under Washington law, “the court shall:

  1. Require that the party immediately surrender all firearm and other dangerous weapons;
  2. Require that the party immediately surrender any concealed pistol license issued under [Washington law];
  3. Prohibit the party from accessing, obtaining or possessing any firearms or other dangerous weapons;
  4. Prohibit the party from obtaining or possessing a concealed pistol license.4

“Any court when entering a [domestic violence order of protection] may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence that a party has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or is ineligible to possess a firearm under [Washington law]:

  1. Require that the party immediately surrender all firearm and other dangerous weapons;
  2. Require that the party immediately surrender any concealed pistol license issued under [Washington law];
  3. Prohibit the party from accessing, obtaining or possessing any firearms or other dangerous weapons;
  4. Prohibit the party from obtaining or possessing a concealed pistol license.”5

The court may also “order temporary surrender of all firearm and other dangerous weapons, and any concealed pistol license, without notice to the [respondent] if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.”6

Finally, the court may, if it finds “that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to the public health or safety, or to the health or safety of any individual:

  1. Require that the party immediately surrender all firearm and other dangerous weapons;
  2. Require that the party immediately surrender any concealed pistol license issued under [Washington law];
  3. Prohibit the party from accessing, obtaining or possessing any firearms or other dangerous weapons;
  4. Prohibit the party from obtaining or possessing a concealed pistol license.”7

Individuals Who May Petition for a Domestic Violence Order of Protection

A person alleging that they have been the victim of domestic violence may petition for a temporary or final domestic violence order of protection.8

A person may also petition for relief on behalf of minor family or household members.9

“Domestic violence” is defined as: “(a) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault; (b) sexual assault  or stalking … of one intimate partner by another intimate partner; or (b) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, sexual assault, or stalking … of one family or household member by another family or household member.”10

“Intimate partner” is defined to include:

  1. Spouses and former spouses;
  2. Domestic partners and former domestic partners;
  3. Persons who have a child in common (regardless of whether they have been married or have lived together);
  4. Adult persons presently or previously residing together who have or have had a dating relationship;
  5. Persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; and
  6. Persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship.”11

“Family or household member” is defined to include:

  1. Adult persons related by blood or marriage;
  2. Adult persons who are presently residing together or who have resided together in the past; and
  3. Persons who have a biological or legal parent-child relationship (including stepparents and stepchildren and grandparents and grandchildren).12

Removal Process

A court issuing an order that includes a removal requirement “[may] require the party to surrender all firearms and other dangerous weapons in his or her immediate possession or control or subject to his or her immediate possession or control, and any concealed pistol license … to the local law enforcement agency.” 13

If the order includes a requirement for immediate surrender of firearms, dangerous weapons, and concealed pistol license, “the order must be served by a law enforcement officer.” 14

A law enforcement officer serving an order that includes an order to surrender firearms, dangerous weapons and a concealed pistol license shall:

  1. Inform the respondent that the order is effective upon service;
  2. Inform the respondent that they must immediately surrender all firearms and dangerous weapons in their custody, control, or possession as well as any concealed pistol license;
  3. Conduct any search permitted by law for such firearms, dangerous weapons  and concealed pistol license; and
  4. Take possession of all firearms, dangerous weapons, and any concealed pistol license belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search.15

If service by a law enforcement officer is not required because the respondent is present at the hearing at which the order was issued, the respondent must immediately surrender all firearms, dangerous weapons, and any concealed pistol license to the local law enforcement agency on the day of the hearing.16

A law enforcement officer taking possession of firearms, dangerous weapons, and any concealed pistol license shall issue a receipt identifying all surrendered firearms, dangerous weapons, and any concealed pistol license and:

  1. File the original receipt with the court that issued the order within 24 hours of service of the order;
  2. Retain a copy of the receipt;
  3. Provide a copy of the receipt to the respondent.17

Within 5 days of judicial entry of the order, a party ordered to surrender firearms, dangerous weapons, and their concealed pistol license must file a proof of surrender and receipt form or a declaration of nonsurrender form with the clerk of the court.18

Compliance

Courts are required to “develop procedures to verify timely and complete compliance with orders to surrender weapons …”19 If there is insufficient evidence for the court to find that the respondent “has timely and completely surrendered all firearms and dangerous weapons in their custody, control, or possession, and any concealed pistol license issued … to a law enforcement agency … the court must set a review hearing to occur as soon as possible at which the respondent must be present and provide testimony to the court under oath verifying compliance with the court’s order.”20

If the petitioner or a law enforcement officer testifies or makes a sworn statement alleging that the respondent has failed to comply with the surrender requirements outlined above, “the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms and dangerous weapons in their possession, custody, or control. If probable cause exists, the court shall issue a warrant describing the firearms or dangerous weapons and authorizing a search of the locations where the firearms and dangerous weapons are reasonably believed to be and the seizure of all firearms and dangerous weapons discovered pursuant to such search.”21

Return of Firearms to Respondent/Defendant

Law enforcement agencies are required to have policies and procedures to provide for the acceptance, storage, and return of firearms, dangerous weapons, and concealed pistol licenses surrendered pursuant to an order to surrender firearms. 22

A person who was ordered to surrender firearms, other dangerous weapons, or a concealed pistol license pursuant to a domestic violence order of protection may make a motion to the court for return of the firearms, other dangerous weapons, and concealed pistol license if the order is no longer in effect.23

If the court finds that the order has ended, no other orders requiring surrender of firearms are in effect, and “[t]here are no longer any restraints in this case prohibiting the restrained person from possessing or owning firearms, other dangerous weapons, or a concealed pistol license” the individual to whom firearms were surrender shall return the firearms, other dangerous weapons, and concealed pistol license only if there are no other disqualifications that prohibit the restrained person from possessing the firearms, other dangerous weapons, and concealed pistol license.24

Before a law enforcement agency may return a firearm, the law enforcement agency must:

  1. Confirm that the individual to whom the firearm will be returned is the individual from whom the firearm was obtained or an authorized representative of that person;
  2. Confirm that the individual to whom the firearm will be returned is eligible to possess a firearm pursuant to Washington law;
  3. Ensure that the firearm is not otherwise required to be held in custody or otherwise prohibited from being released; and
  4. Ensure that 24 hours have elapsed from the time the firearm was obtained by law enforcement.25

Law enforcement agencies are required to develop a notification protocol that allows a family or household member to request to be notified when a law enforcement agency returns a firearm to the individual from whom is twas obtained or to an authorized representative of that person.26 Notification may be made by phone, email, text, or “another method that allows notification to be provided without unnecessary delay.”27

If a family or household member has requested to be notified when law enforcement returns a firearm, a law enforcement agency must:

  1. Provide notice to the family or household member within one business day of verifying that the requirements above have been met; and
  2. Hold the firearm in custody for 72 hours from the time notification has been provided.28

Once all the above requirements have been met, a law enforcement agency must return a firearm to the individual from whom it was obtained or an authorized representative of that person “upon request without unnecessary delay.”29

Penalties for Violation

Possession of a firearm, dangerous weapon, or concealed pistol license in violation of a court order or failure to surrender firearms, other dangerous weapons, or a concealed pistol license shall be a misdemeanor punishable by imprisonment in county jail for a maximum term of not more than ninety days, by a fine of not more than $1,000, or both.30

Possession of a firearm by a person prohibited due to a disqualifying order listed above under “Washington Domestic Violence Firearm Purchase and Possession Prohibitions” is a class C felony,31 punishable “by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.”32

This page was updated December 31, 2019. Please note that data used are the most recent available data.