wa-law.org > bill > 2025-26 > SB 5099 > Original Bill
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
Every dealer shall be licensed as provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW. A state license issued pursuant to RCW 9.41.110 is not transferable.
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No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm or ammunition without being licensed as provided in this section.
Until July 1, 2026, a dealer who submits a sufficient application on or before January 1, 2026, may continue to engage in the business of dealing in firearms pursuant to state law until Washington state patrol has acted upon the application.
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Washington state patrol shall grant licenses completed in accordance with (b) of this subsection unless the applicant does not meet the eligibility requirements described in subsection (3) of this section or the applicant has made a false statement on the application. Such a license shall be effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this chapter. Washington state patrol shall notify the department of revenue of the name and address of each dealer licensed under this section. Washington state patrol, acting within the scope of its jurisdiction, may investigate a breach of the licensing conditions established in this chapter.
A person applying for a state license pursuant to this section must complete an application as provided by Washington state patrol rule and pay the application fee established in subsection (15)(h)(i) of this section. A valid license application must include:
A completed application form;
A copy of the applicant's valid Washington state driver's license or state identification card;
A copy of the lease or deed for the intended business site;
The required documents for opening a business in the locality;
The application fee;
A copy of the insurance required under subsection (14)(a) of this section;
The completed fingerprinting and background check as described in subsection (3)(b) of this section; and
Any other materials required by Washington state patrol pursuant to section 4 of this act.
Washington state patrol shall conduct an on-site inspection of 10 percent of state license holders' places of business annually to ensure dealers are complying with the requirements to hold a state license.
In addition to the inspection required under (c) of this subsection, Washington state patrol may conduct reasonable periodic unannounced inspections of a state license holder's place of business during the dealer's regular posted business hours to ensure that the state license holder is complying with the license requirements.
No later than December 1, 2026, and no later than December 1st of each year thereafter, Washington state patrol shall submit a report to the legislature about firearm dealer licensing in the prior state fiscal year. The report shall include, at minimum:
The number of license applications received, granted, and denied;
The number of inspections conducted;
The number of warnings issued to dealers for violating the requirements of this act and the basis for the issued warnings;
The amount of fee money collected and deposited into the firearm licensing account created in section 5 of this act in the fiscal year period; and
The total amounts spent on licensing costs and inspections.
The report may include information about the race, gender, and geographic location of persons who applied for a license, including whether the application was granted or denied, and persons whose licenses were revoked. The report shall be made available to the public no more than 90 days after submission to the legislature.
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Washington state patrol shall, within 30 days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive 90 days, Washington state patrol shall have up to 60 days to determine whether to issue a license provided that at least one person listed on the dealer's federal firearms license as a responsible person has a valid permanent Washington driver's license, Washington state identification card, or has been a resident of this state for the previous consecutive 90 days.
No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing state and federal fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
No person shall qualify for a license under this section who has had a permit or license to sell, lease, transfer, purchase, or possess a firearm or ammunition from the federal government, any state, or a subdivision of any state revoked, suspended, or denied for reasons other than filing an incomplete or incorrect application within five years before submitting an application.
A dealer shall require every employee who may sell, handle, or possess a firearm or ammunition in the course of his or her employment to undergo state and federal fingerprinting and a background check in advance of engaging in the sale or transfer of firearms or ammunition and to undergo a state and federal background check annually thereafter. An employee must be at least 21 years of age, eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of firearms that are applicable to dealers.
If a dealer knows or suspects that an employee of the dealer is involved in the theft of a firearm from the dealer's business, the dealer shall report the theft within 48 hours after learning of the theft to Washington state patrol and local law enforcement.
An employee shall not engage in the sale of firearms until the employee complies with the requirements outlined in subsection (17)(a) of this section.
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As a condition of licensure, a dealer shall annually certify to Washington state patrol, in writing and under penalty of perjury, that the dealer is in compliance with each licensure requirement established in this section. Washington state patrol may not accept a renewal application submitted after the expiration of the dealer's license.
90 days prior to the expiration of a state license, Washington state patrol shall notify the dealer of the license expiration date.
A dealer who submits a timely and sufficient renewal application may continue to engage in the business of dealing in firearms pursuant to state law until Washington state patrol has acted upon the annual certification. For the purposes of this subsection, an annual certification is sufficient if it includes on its face information necessary to show that the applicant is eligible for state license renewal.
Washington state patrol shall act upon an annual certification made pursuant to this subsection no later than 60 days after the date the application is received.
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Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license and during the dealer's posted business hours. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (5)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and this section. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (15) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
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The business building location designated in the license shall be secured:
(A) Metal bars or grates;
(B) Metal security screens; or
(C) Commercial grade metal doors;
ii. With a security alarm system that is:
(A) Properly installed and maintained in good condition;
(B) Monitored by a remote central station that can contact law enforcement in the event of an alarm;
(C) Capable of real-time monitoring of all exterior doors and windows, and all areas where firearms are stored; and
(D) Equipped with, at minimum, detectors that can perceive entry, motion, and sound; and
iii. With interior lighting that is sufficient to identify characteristics of a person on surveillance video or cameras capable of clear capture in low-light conditions.
b. It is not a violation of this subsection if any security feature or system becomes temporarily inoperable through no fault of the dealer.
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Dealers shall secure each firearm during business hours, except when the firearm is being shown to a customer, repaired, or otherwise worked on, in a manner that prevents a customer or other member of the public from accessing or using the firearm, which may include keeping the firearm in a locked container or in a locked display case.
Other than during business hours, all firearms shall be secured (i) on the dealer's business premises in a locked fireproof safe or vault, (ii) in a room or building that meets all requirements of subsection (7)(a) of this section, or (iii) in a secured and locked area under the dealer's control while the dealer is conducting business at a temporary location.
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A dealer shall ensure that its business location designated in the license is monitored by a digital video surveillance system that meets all of the following requirements:
The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance;
Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in (a)(iii) of this subsection and reasonably produce recordings that allow for the clear identification of any person;
The areas recorded shall include, but are not limited to, all of the following:
(A) Interior views of all exterior doors, windows, and any other entries or exits to the premises;
(B) All areas where firearms are displayed; and
(C) All points of sale, sufficient to identify the parties involved in the transaction;
iv. The system shall be capable of recording 24 hours per day at a frame rate no less than 15 frames per second, and must either (A) record continuously or (B) be activated by motion and remain active for at least 15 seconds after motion ceases to be detected;
v. The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft;
vi. Recordings shall be maintained for a minimum of 90 days for all recordings of areas where firearms are displayed and points of sale, and for a minimum of 45 days for all recordings of interior views of exterior doors, windows, and any other entries or exits;
vii. Recorded images shall clearly and accurately display the date and time;
viii. The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
b. A licensed dealer shall not use, share, allow access to, or otherwise release surveillance recordings, to any person except as follows:
i. A dealer shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
ii. A dealer may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process including, but not limited to, as needed for an active police investigation, in response to subpoenas, request for production or inspection, or other court order.
iii. A dealer shall allow access to the system to an agent of the Washington state patrol conducting an inspection of the licensee's premises, for the purpose of inspecting the system for compliance with this section.
c. The dealer shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: "THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."
d. This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
e. It is not a violation of this subsection if the surveillance system becomes temporarily inoperable through no fault of the dealer.
A dealer shall:
Promptly review and respond to all requests from law enforcement agencies and officers, including trace requests and requests for documents and records, as soon as practicably possible and no later than 24 hours after learning of the request;
Promptly notify local law enforcement agencies,Washington state patrol, and the bureau of alcohol, tobacco, firearms and explosives of any loss, theft, or unlawful transfer of any firearm or ammunition as soon as practicably possible and no later than 24 hours after the dealer knows or should know of the reportable event.
A dealer shall:
Establish and maintain a book, or if the dealer should choose, an electronic-based record of purchase, sale, inventory, and other records at the dealer's place of business and shall make all such records available to law enforcement upon request. Such records shall at a minimum include the make, model, caliber or gauge, manufacturer's name, and serial number of all firearms that are acquired or disposed of not later than one business day after their acquisition or disposition;
Maintain monthly backups of the records required by (a) of this subsection in a secure container designed to prevent loss by fire, theft, or flood. If the dealer chooses to maintain an electronic-based record system, those records shall be backed up on an external server or over the internet at the close of each business day;
Account for all firearms acquired but not yet disposed of through an inventory check prepared each month and maintained in a secure location;
Maintain and make available at any time to government law enforcement agencies and to the manufacturer of the weapon or its designee, firearm disposition information, including the serial numbers of firearms sold, dates of sale, and identity of purchasers;
Retain all bureau of alcohol, tobacco, firearms and explosives form 4473 transaction records on the dealer's business premises in a secure container designed to prevent loss by fire, theft, or flood;
Maintain for six years copies of trace requests received, including notations for trace requests received by phone for six years;
Provide annual reporting to the Washington state attorney general concerning trace requests, including at a minimum the following:
The total number of trace requests received;
For each trace, the make and model of the gun and date of sale; and
Whether the dealer was inspected by the bureau of alcohol, tobacco, firearms and explosives, and copies of any reports of violations or letters received from the bureau of alcohol, tobacco, firearms and explosives.
On or before January 15, 2026, and every year thereafter, the attorney general shall publish an annual report available to the public outlining the information provided pursuant to subsection (11) of this section.
The attorney general may create, publish, and require firearm dealers to file a uniform form for all annual dealer reports required by subsection (11)(g) of this section.
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A dealer shall carry a general liability insurance policy providing at least $1,000,000 of coverage per incident.
This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
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No firearm may be soldin violation of any provisions of this chapter.
A dealer who sells or delivers any firearm in violation of RCW 9.41.080 or 9.41.090 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
c.
Washington state patrol shall revoke a state license if the state license holder:
i. No longer holds a valid federal firearms license;
ii. Knowingly employs a person in violation of subsection (3)(d) of this section;
iii. Is or becomes prohibited from possessing or purchasing firearms under state or federal law; or
iv. Is convicted of any of the following:
(A) Any felony under state or federal law;
(B) Any state or federal law that results in the license holder being prohibited from purchasing or possessing a firearm or ammunition; or
(C) Trafficking in firearms pursuant to 18 U.S.C. Sec. 933 or aiding and abetting trafficking in firearms.
d. Except as provided in subsection (5)(b) of this section and (b) and (c) of this subsection, if Washington state patrol finds that a dealer failed to comply with any of the provisions of this act, or any other state or federal law for which the penalty includes potential revocation of the dealer's federal firearms license, the department may:
i. For a first offense, issue a warning or imposed fines and issues a warning to the dealer that includes a description of the offense and the penalty for subsequent offenses; and
ii. For a second or subsequent offense, issue fines or warnings as contemplated in (d)(i) of this subsection or suspend or revoke the dealer's state license.
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i. A dealer whose state license is revoked solely because the person no longer holds a valid federal firearms license, pursuant to (c)(i) of this subsection, may apply for a new state license any time after the person obtains a valid federal firearms license.
ii. A dealer whose state license is revoked pursuant to (c)(i) or (ii) of this subsection may apply for a new license no sooner than five years after the revocation.
f. Washington state patrol may revoke a state license if the state license holder:
i. Unreasonably refuses to allow Washington state patrol to conduct an on-site inspection pursuant to subsection (2)(c) and (d) of this section; or
ii. Unreasonably refuses to permit Washington state patrol to inspect a record as required by subsection (10)(a) of this section.
g. The denial or revocation of a state license pursuant to this section is subject to the requirements and procedures set forth in the Washington administrative procedure act, chapter 34.05 RCW.
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i. The initial license fee shall be $500.
ii. The license renewal fees shall depend on the number of sales, based upon an average of the prior three years, or if the dealer has not been in business for three years, based upon the average over the time the dealer has been in business as follows:
(A) One to 50 firearms per year, $125;
(B) 51 to 250 firearms per year, $250;
(C) 251 to 750 firearms per year, $500;
(D) 751 to 1,000 firearms per year, $1,000; and
(E) Over 1,000 firearms per year, $1,500.
iii. Washington state patrol shall annually review the initial license fee and license renewal fee and may adjust those fees based on the costs for administering this section. Washington state patrol shall not adjust fees more than once each year and shall not adjust fees by more than 20 percent each year.
iv. Washington state patrol may establish a reduced fee for state licenses renewal applications.
v. The fees received under this section shall be deposited in the firearm licensing account created in section 5 of this act.
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A true record shall be made of every pistol or semiautomatic assault rifle sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser, and a statement signed by the purchaser that he or she is not ineligible under state or federal law to possess a firearm. The dealer shall retain the transfer record for six years.
The dealer shall transmit the information from the firearm transfer application through secure automated firearms e-check (SAFE) to the Washington state patrol firearms background check program. The Washington state patrol firearms background check program shall transmit the application information for pistol and semiautomatic assault rifle transfer applications to the director of licensing daily. The original application shall be retained by the dealer for six years.
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Washington state patrol shall develop training or approve training courses provided by other entities for state license holders and their employees. The training must be available in an online format and include an examination with at least 20 questions derived from the course material and intended to confirm that a course participant understands the information covered in the course. Washington state patrol or other trainer conducting the training, shall give a participant who answers at least 70 percent of the examination questions correctly a printable certificate of completion that is valid for one year after the date of completion. The training must include instruction regarding the following:
State and federal laws governing the sale and transfer of firearms and ammunition;
Recognizing and identifying straw purchasers, trafficking, and fraudulent activity;
Indicators that a person is attempting to purchase a firearm illegally;
Recognizing and identifying indicators that an individual intends to use a firearm for unlawful purposes;
Recognizing and identifying indicators that an individual intends to use a firearm for self-harm;
Preventing theft or burglary of firearms and ammunition;
Responding to circumstances described in (a)(i) through (vi) of this subsection, and any applicable reporting requirements;
Effectively teaching consumers rules of firearm safety, including the safe handling and storage of firearms; and
ix. Any other reasonable business practices Washington state patrol determines will deter firearm trafficking or the unlawful use of firearms.
A dealer shall, within 30 days of the effective date of this section and annually thereafter, complete a training course developed or approved by Washington state patrol pursuant to this subsection.
An employee, volunteer, or contractor of a state license holder who, in the course of the employee's, volunteer's, or contractor's duties, handles a firearm or ammunition or processes the sale, loan, or transfer of firearms or ammunition shall, within 30 days after the employee's, volunteer's, or contractor's first day of work for the state license holder and annually thereafter, complete a training course approved by Washington state patrol pursuant to this subsection. An employee, volunteer, or contractor of a state license holder on the effective date of this section shall complete the training course no later than 30 days after the effective date of this section unless granted an extension by Washington state patrol.
A state license holder shall maintain the training records of each employee, volunteer, or contractor and shall make the records available to Washington state patrol during an on-site inspection of the state license holder's place of business.
Subsections (2) through (15)(a) of this section shall not apply to sales at wholesale.
Subsections (4)(a) and (7) through (14)(a) of this section shall not apply to dealers with a sales volume of $1,000 or less per month on average over the preceding 12 months. A dealer that previously operated under this threshold and subsequently exceeds it must comply with the requirements of subsections (4)(a) and (7) through (14)(a) of this section within one year of exceeding the threshold.
The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
Except as otherwise provided in this chapter, 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.
Washington state patrol shall have the authority to adopt rules for the implementation of requirements set forth in RCW 9.41.110. Washington state patrol shall not promulgate rules that alter the eligibility criteria for obtaining a license but may collect any information it deems necessary to verify an applicant's eligibility. In addition, Washington state patrol shall report any violation of RCW 9.41.110 by a licensed dealer to the bureau of alcohol, tobacco, firearms, and explosives within the United States department of justice and shall have the authority, after notice and a hearing, to revoke the license of any licensed dealer found to be in violation of this chapter.
The firearm licensing account is created in the state treasury. All receipts from the imposition of firearm licensing fees under this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Moneys in the account may only be used for the purposes of implementing requirements set forth in RCW 9.41.110. Moneys may not be used to supplant general fund appropriations to either agency.