Who Cannot Carry
RCW 9.41.040 — the first degree after a serious offense, and the second after any other felony and listed domestic violence crimes
First degree. A person, adult or juvenile, is guilty of unlawful possession of a firearm in the first degree by owning, accessing, possessing or receiving any firearm after having been convicted, or found not guilty by reason of insanity, of any serious offense, in Washington or elsewhere. It is a class B felony.
Second degree. It is the second degree after a conviction or insanity finding for any other felony, or for listed crimes committed against a family or household member or intimate partner, among them assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, and violating a protection or no-contact order. It is a class C felony.
Later additions. Harassment of a family or household member or intimate partner counts if committed on or after June 7, 2018, and a further list, including domestic violence, stalking, cyberstalking and harassment, counts if committed on or after July 23, 2023.
- While subject to a protection, no-contact or restraining order issued after a hearing the person had actual notice of and a chance to take part in, that restrains the person and either finds a credible threat or prohibits the use of physical force, or orders firearms surrendered.
- After an involuntary commitment for a mental disorder, unless the right has been restored.
- After criminal charges were dismissed for incompetency to stand trial, in the cases the section names, unless the right has been restored.
- While under 18 years of age, except as another section allows.
- While free on bond or personal recognizance pending trial for a serious offense.
Those are the other circumstances in which possession is the second degree.
A pardon or annulment. A person is not precluded from possessing a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or equivalent procedure based on a finding of rehabilitation or of innocence.
Federal law keeps its own list of prohibited persons, which applies alongside the state's and is not on this page. Whether a particular conviction, order or commitment brings a person within the section, and whether rights can be restored, are questions for a licensed Washington attorney.
Sources for this section (1)
- RCW 9.41.040 — Unlawful possession of firearms
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.