Federal and State Firearms Laws
When we buy food products in the United States we can easily find out the nutritional information for the product we are purchasing. We must rely on industry and trade to take place ethically as our society and economy grows and expands beyond local boundaries. Our federal government assists industry in that process in most cases. Cars, toys, paint; just about any product you purchase is regulated in some way by the FDA, Consumer Protection Agency or other government entity working to keep consumers safe.
Contrary to this common practice (and common perceptions), firearms are largely unregulated in the United States. The firearms industry enjoys a broad set of freedoms unprecedented in any other industry. Right now, there are no federal safety production standards for firearms or ammunition (except those imported from other countries). We are highly concerned about the amount of lead in paint, toys and other products. Yet, California, just recently, became the only state to ask ammunition producers to manufacture lead free bullets. Additionally, the firearms industry -- manufacturers, distributors, and dealers -- have broad immunity from liability throughout the manufacturing and distribution process.
The Legal Community Against Violence conducted an in-depth analysis of current local, state, and federal firearms laws in 2006. The research resulted in the publication of their report Regulating Guns in America, a good resource for examining and understanding firearms policy in the United States.
We in Washington State live under a total of six policy areas:
- Prohibited Purchasers and Background Checks: Both federal and state law prohibit felons, the adjudicated mentally ill, domestic violence offenders, and a few other classes of individuals from purchasing firearms. Currently, however, in Washington State only felony convictions are monitored in the National Instant Criminal Check System (NICS -- the database federally licensed firearms dealers (FFLs) tap into when they conduct background checks before a firearm purchase). However, background checks in Washington State are only conducted when a firearm is sold by an FFL. It is legal for a collector or private individual to sell a firearm without a background check during a private sale or at a gun show.
- Minimum Age to Purchase and Possess: Both state and federal law require that individuals be 21 to purchase and possess a handgun and 18 to purchase and possess rifles or shotguns. State law also requires that an individual be 18 before he or she is able to purchase or possess a long gun.
- Dealer Regulations and Record Retention: Federal law dictates when and how the ATF can investigate an FFL (right now ATF can investigate FFLs only once per year). Federal law also requires dealers to keep sales records (without purchaser information) and destroy records of the completed background checks within 24 hours of the sale.
- Concealed Carry Permit: Washington is a shall-issue state, meaning that if an individual undergoes a background check and registers his/her handgun the state is required to issue him/her a permit to carry a handgun on their person in public.
- Gun Storage / Safety: Federal law requires that all handguns be sold or transfered with a secure gun storage or safety device. The law provides many exceptions from the requirement, however, and does not provide any information as to what constitutes a storage or safety device. Imported firearms are regulated, but there are no design or safety standards for domestically produced firearms.
- Regluated/Banned Guns: Washington State also regulates to some degree the use and possession of non-powder guns. Both federal and state law prohibit the sale or possession of machine guns and sawed off shotguns.
Please note that registration of firearms is NOT required (with the exception of a machine gun owned prior to 1986 or in the case of individuals acquiring a concealed carry permit). You DO NOT NEED A LICENSE nor need to demonstrate competency with firearms in order to purchase or possess a firearm.
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