Know the Laws: Washington
UPDATED August 22, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the WA Where to Find Help page to find organizations and legal assistance in your area.
- Guns and Criminal Convictions
- If my abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
- What crimes are considered domestic violence misdemeanors?
- What is the definition of a felony?
- If a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
- How can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
- Guns and Protective Orders
- Basic Info
- More Information and Where to Get Help
Guns and Criminal Convictions
back to topIf my abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
No. Under Federal law, if your abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun.* If you're not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
Washington state law says that it is illegal for anyone who has been convicted of assault, coercion, stalking, reckless endangerment, criminal trespass or violation of a protection order against a family or household member to have a firearm.*** 18 USC 922 (g) (9)
** RCW § 9.41.040(2)(a)
back to topWhat crimes are considered domestic violence misdemeanors?
A crime is considered a domestic violence misdemeanor under federal law if it:
- Can be defined as a misdemeanor under federal or state law; and
- Involves physical violence or force, or includes threats made with a deadly weapon; and
- Was committed by:
- a current or former spouse;
- a parent or guardian of the victim;
- a person with whom the victim shares a child;
- a person living with the victim as a spouse, parent or guardian; or
- a person who has a similar relationship* with a spouse, parent or guardian of the victim.*
Note: The crime does not have to specifically mention "domestic violence" in order for it to be considered a domestic violence misdemeanor, and for the federal firearm law to apply.** The relationship that the victim has with the offender is what determines whether or not the misdemeanor is a "domestic violence" misdemeanor.*** For example: If Bob is convicted of a misdemeanor assault against his wife, he may no longer have or buy a gun.
If Bob is convicted of a misdemeanor assault against his neighbor, he may still be able to have or buy a gun.
Note: Washington is one of 10 states in which there are some misdemeanors that will not qualify as domestic violence misdemeanors, even if they seem to meet all of the requirements explained above.**** For more information about this complex topic, you can email us, call the National Center on Full Faith and Credit at 1-800-903-0111 or talk to a lawyer who is familiar with gun laws and domestic violence – see our WA Finding a Lawyer page.
** United States v. Kavoukian, 315 F. 3d 139 (2d. Cir. 2002); United States v. Meade, 175 F.3d 215 (1st Cir. 1999).
*** United States v. Denis, 297 F.3d.25 (1st Cir. 2002.); United States v. Costigan, No. 009-B0H, 2000 U.S. Dist. (D. Me. June 16, 2000).
**** Although federal law prohibits owning or buying a gun if the abuser is convicted of a “domestic violence misdemeanor,” Washington is bound by current case law, which holds that misdemeanors that involve the "reckless use of force" will not meet the federal definition of domestic violence misdemeanors. See United States v. Nobriga, 474 F.3d 561, 564 (9th Cir. 2006).
back to topWhat is the definition of a felony?
A felony under Federal law is a crime that is punishable by a prison sentence of more than one year.*
* 18 USC 227 (A) 3559
back to topIf a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
No. Law enforcement officers and other government officials who have been convicted of a domestic violence misdemeanor or felony cannot have or buy guns for any purpose, including their official duties, according to federal and Washington state law. *
* 18 USC 925 (a) (1); RCW § 9.41.040(2)(a)(i) and (iv)
back to topHow can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
Domestic violence misdemeanor and Felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and Felony records are also kept in the National Instant Criminal Background Check System (NCIS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NCIS. Your local police department may be willing to search NCIS for you if you ask, but they are not required to do so.