Washington adopts historic new gun safety laws
Today, Gov. Jay Inslee signed three new bills into law, continuing Washington state’s progress to enact meaningful gun safety measures.
Washington is now one of 10 states in America with a ban on assault weapons, and one of a few states with a waiting period and training requirement for all gun purchases. Another new law empowers consumers with the ability to sue firearm manufacturers or retailers for irresponsible conduct, something only four other states have enacted.
“Today Washington state is putting the gun industry in its place and improving the health, safety and lives of our residents. I want to thank the many legislators and advocates who have worked for years to deliver some of these policies to the governor’s desk,” Inslee said.
Today marked the latest development in what the Seattle Times editorial board has called “a sea-change in Washington’s gun laws.” Voters touched off this cultural shift by passing I-1639 in 2018, the most comprehensive gun safety legislation up to that point in state history. Legislators have since enacted more common-sense reforms, like bans on bump stocks and high-capacity magazines, tools that amplify the destruction shooters can cause.
Statistics show that Washington’s work to counteract the epidemic of gun violence is working. From 2018 to 2021, the number of deaths by firearm nationwide increased substantially, but firearm deaths in Washington remain well below national averages. Still, gun violence claims the lives of more than two people every day in Washington, more than 800 people each year. Three quarters of those deaths are suicides. Studies suggest many gun deaths are preventable.
The bills Inslee signed today are evidence-based reforms that will provide further protections from gun violence for Washington communities.
Assault weapons restrictions
SHB 1240 prohibits the sale, distribution and importation of assault weapons in Washington. The bill was requested by Inslee and Attorney General Bob Ferguson, and prime sponsored by Rep. Strom Peterson.
Assault weapons were created for the military and designed to kill humans quickly and efficiently. Washington law defines assault weapons using both a list of specific firearms — including certain types of rifles and pistols —and a list of specific features that enable mass killing.
Existing legal owners can retain assault weapons they currently own. Those who would like to forfeit their assault weapons are able to sell them to a licensed retailer, who can then sell the weapon out-of-state. A violation of this restriction constitutes a gross misdemeanor and is actionable under the state’s Consumer Protection Act.
These weapons have been used in shootings in Washington and across the country repeatedly in recent years. Analysis by the Washington Post shows that the blast effect created by the bullets fired from guns like the AR-15 creates wounds that might have been survivable coming from standard, smaller caliber weapons. Joseph Sakran, a trauma surgeon and gunshot survivor himself, told the Post why a bullet fired from an assault weapon is so deadly.
“[A bullet fired from an assault weapon] literally can pulverize bones, it can shatter your liver and it can provide this blast effect.” — Dr. Joseph Sakran
The evidence that assault weapon bans prevent gun deaths comes from America’s recent history. When a federal assault weapons ban was in effect from 1994 to 2004, mass shooting fatalities were 70% less likely to occur as compared to the periods before and after.
Safety training and waiting periods
With a smaller proportion of first-time gun buyers purchasing a firearm for hunting — an activity for which a license and training has long been a standard legal requirement — more of Washington’s new gun-owners increasingly lack any kind of training in how to handle and store a gun safely.
HB 1143, requested by Inslee and sponsored by Rep. Liz Berry, changes the law to reflect changing trends. Now, gun buyers in Washington are required to complete a training course that includes:
- Proper storage, handling, use and transportation practices
- Explanation of self-defense laws
- Strategies to peacefully de-escalate arguments
- Risk awareness associated with children and people with suicidal thoughts accessing firearms
This essential safety training was already a requirement for the purchase of some rifles. The notion that people handling deadly weapons should all have some training is common sense. That’s why 81% of Americans support policies like this one, according to a recent survey.
Cassandra Crifasi, a gun owner who grew up in Washington and an associate professor of health policy at Johns Hopkins University, testified in support of this bill earlier this year.
“These proposed policies increase accountability and responsibility among gun owners and lower the likelihood that guns will fall into the wrong hands. And they are supported by most Americans, including the majority of gun owners like me… As a researcher and a responsible gun owner, I believe [HB 1143 is an effective policy] that will keep my home state safer,” said Crifasi.
The law also establishes a mandatory 10-day waiting period for gun purchases. Waiting periods create a buffer between the time of gun purchase and gun acquisition. According to the Giffords Law Center, studies show suicides attempts are often impulsive episodes, made with little planning. Similarly, emotional factors that can lead to violence, such as rage and anger, are often short-lived.
Studies show that waiting period laws can prevent suicides and homicides because they allow for a cooling off period — a chance for people to reconsider intentions to hurt themselves or others.
The 10-day waiting period will also enable local law enforcement to conduct in-depth background checks on all gun buyers, ensuring that ineligible buyers are not able to acquire a firearm.
Access to justice for victims
SB 5078, requested by Inslee and Ferguson and sponsored by Sen. Jamie Pedersen, increases industry accountability and access to justice for gun violence victims and survivors.
The law clarifies legal liabilities for gun dealers and manufacturers for knowingly creating, maintaining or contributing to a public nuisance by designing, selling or marketing products that:
- Promote conversion of products into illegal products
- Market products to children
- Sell weapons to people prohibited from possessing and purchasing firearms
- Allow straw purchases
- Distribute or sell firearms to dealers known to be acting in a dangerous or irresponsible manner
Violations of this policy can be enforced by the Attorney General. Residents in Washington who are harmed as a result of irresponsible or dangerous conduct by a firearm manufacturer or dealer can also sue gun manufacturers or retailers under the Consumer Protection Act.
