Verified Firearm Specifications

VA1030 — mental health : committed to mh facility : outpatient

Citation: VA Code Ann. § 18.2-308.1:3

A. It shall be unlawful for any person (i) involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2, (ii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (iii) involuntarily admitted to a facility or ordered to mandatory...

VA1029 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: VA Code Ann. § 18.2-308.1:2(A)

It shall be unlawful for any person who has been adjudicated (i) legally incompetent pursuant to former § 37.1-128.02 or former § 37.1-134, (ii) mentally incapacitated pursuant to former § 37.1-128.1 or former § 37.1-132, or (iii) incapacitated pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 to purchase, possess, or transport any firearm.

VA1076 — dvro ex parte

Citation: VA ST § 18.2-308.1:4 (a-c)

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty. A. It shall be unlawful for any person who is subject to a protective order entered pursuant to §§ 16.1-253.1, 16.1-253.4, or § 16.1-279.1 or to an order entered pursuant to subsection E of § 18.2-60.3 to purchase or transport any firearm while the order is in effect.

VA1028 — mental health : committed to mh facility

Citation: VA Code Ann. § 18.2-308.1:1

It shall be unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or any offense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this title, except those misdemeanor violations of...

VA1063 — lost and stolen firearms

Citation: 2020 VA H.B. 9 § 18.2-287.5

§ 18.2-287.5. Reporting lost or stolen firearms; civil penalty. A. If a firearm is lost or stolen from a person who lawfully possessed it, then such person shall report the loss or theft to any local law-enforcement agency or the Department of State Police within 48 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft.

VA1057 — tracing firearms used in crimes

Citation: Va. Code Ann. § 52-25.1.

1. Reporting and return of firearms confiscated or recovered by law-enforcement agencies. A. Whenever a law-enforcement agency confiscates a firearm in connection with a criminal investigation or otherwise recovers a firearm, such agency shall immediately take all appropriate steps to identify and trace the history of such firearm. B.

VA1056 — tracing firearms used in crimes

Citation: Va. Code Ann. § 52-25.1.

§ 52-25.1. Reporting of confiscated firearms.-The Superintendent shall establish and maintain within the Department of State Police a Criminal Firearms Clearinghouse as a central repository of information regarding all firearms seized, forfeited, found or otherwise coming into the possession of any state or local law-enforcement agency of the Commonwealth which are believed to have been used in the commission of a...

VA1061 — prohibited

Citation: Va. Code Ann. § 18.2-308.5

It shall be unlawful for any person to manufacture, import, sell, transfer or possess any plastic firearm. As used in this section, “plastic firearm” means any firearm, including machine guns and sawed-off shotguns as defined in this chapter, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver of which, when subjected to inspection by X-ray...

WA1001 — private sales : point of sale

Citation: Wash. Rev. Code Ann. § 9.41.113

All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.

WA1050 — private sales : point of sale

Citation: Wash. Rev. Code Ann. § 9.41.113

All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.

WA1053 — sales from dealer

Citation: Wash. Rev. Code Ann. § 9.41.113

All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.

WA1066 — extra time

Citation: Wash. Rev. Code Ann. § 9.41.092(1)(b)

(1) Except as otherwise provided in this chapter and except for semiautomatic assault rifles under subsection (2) of this section, a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of: (a) The results of all required background checks are known and the purchaser or transferee (i) is not prohibited from owning or possessing a firearm under federal or state law and (ii) does...

WA1067 — extra time

Citation: Wash. Rev. Code Ann. § 9.41.092(1)(2)

(1) Except as otherwise provided in this chapter and except for semiautomatic assault rifles under subsection (2) of this section, a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of: (a) The results of all required background checks are known and the purchaser or transferee (i) is not prohibited from owning or possessing a firearm under federal or state law and (ii) does...

WA1044 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

WA1043 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

WA1003 — sales from dealer

Citation: Wash. Rev. Code Ann. § 9.41.090(2)

C. Except as provided in § 19.2-386.29, whenever a firearm is identified as stolen, the law-enforcement agency shall return such firearm to the rightful owner thereof, if known, provided the owner is not prohibited from possessing the firearm and the agency does not need to retain the firearm as evidence in a criminal prosecution.

WA1083 — shall issue

Citation: Wash. Rev. Code Ann. § 9.41.070

Issue of license to carry pistol. The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his person within this state for not more than one year from date of issue, for the purposes of protection or while engaged in business, sport or...

WA1005 — may issue

Citation: Wash. Rev. Code Ann. § 9.41.070

SEc. 7. Issue of Licenses to Carry. The judge of a court of record, the chief of police of a municipality, the sheriff of a county, shall upon the application of any person issue a license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or...

WA1049 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

WA1054 — negligent storage

Citation: West's RCWA 9.41.360

(1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm: (a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or (b) Is guilty of community...

WA1007 — state license requirement

Citation: Wash. Rev. Code Ann. § 9.41.100

Sec. 10 Dealers to be Licensed. No retail licensed. dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being licensed as hereinafter provided. Sec. 11. Dealer's Licenses, by Whom Granted and Conditions Thereof.

WA1020 — state license requirement

Citation: Wash. Rev. Code Ann. § 9.41.100

Sec. 10 Dealers to be Licensed. No retail licensed. dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being licensed as hereinafter provided. Sec. 11. Dealer's Licenses, by Whom Granted and Conditions Thereof.

WA1055 — required

Citation: West's RCWA 10.99.030(3)(a)

A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall: (i) Seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense; (ii) Seize all firearms in plain sight or discovered pursuant to a lawful search; and (iii) Request consent to take temporary...

WA1073 — assault weapons ban

Citation: WA ST 9.41.010; 9.41.0001

(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any assault weapon, except as authorized in this section.

WA1072 — ban on high capacity magazines

Citation: WA ST 9.41.370

(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.

WA1069 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

WA1071 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

WA1058 — comprehensive

Citation: West's RCWA 9.41.290

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components.

WA1065 — limited

Citation: Wash. Rev. Code Ann. § 9.41.110 Sec. 21

Every city, town and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

WA1036 — purchase and sale

Citation: Wash. Rev. Code Ann. § 9.41.240

A person under twenty-one years of age may not purchase a pistol or semiautomatic assault rifle, and except as otherwise provided in this chapter, no person may sell or transfer a semiautomatic assault rifle to a person under twenty-one years of age.

WA1008 — youth possession

Citation: Wash. Rev. Code Ann. § 9.41.040(2)(a)(iv)

(2) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:(iv) If the person is under eighteen years of age, except as...

WA1011 — purchase and sale

Citation: Wash. Rev. Code Ann. § 9.41.080

No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.

WA1034 — youth possession

Citation: Wash. Rev. Code Ann. § 9.41.240

(2) Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only: (a) In the person's place of abode; (b) At the person's fixed place of business; or (c) On real property under his or her control

WA1035 — purchase and sale

Citation: Wash. Rev. Code Ann. § 9.41.080

No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.

WA1074 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

WA1075 — minimum age purchase - federal

Citation: 41 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.