RCW 9.41.070
Concealed pistol
license -- Application -- Fee -- Renewal.(1) The chief of police of a
municipality or the sheriff of a county shall within thirty days
after the filing of an application of any person, issue a license
to such person to carry a pistol concealed on his or her person
within this state for five years from date of issue, for the
purposes of protection or while engaged in business, sport, or
while traveling. 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 ninety days, the issuing authority shall
have up to sixty days after the filing of the application to
issue a license. The issuing authority shall not refuse to
accept completed applications for concealed pistol licenses
during regular business hours.
The applicant's constitutional right to bear arms shall not
be denied, unless:
(a) He or she is ineligible to possess a firearm under the
provisions of RCW 9.41.040 or 9.41.045;
(b) The applicant's concealed pistol license is in a revoked
status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction
regarding firearms pursuant to RCW 9A.46.080, 10.14.080,
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115,
26.26.130, 26.50.060, 26.50.070, or 26.26.590;
(e) He or she is free on bond or personal recognizance
pending trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her
arrest from any court of competent jurisdiction for a felony or
misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under
RCW 9.41.098(1)(e) within one year before filing an application
to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her right to
possess firearms restored or his or her privilege to carry a
concealed pistol restored, unless the person has been granted
relief from disabilities by the attorney general under 18 U.S.C.
Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing authority shall check with the national
crime information center, the Washington state patrol electronic
database, the department of social and health services electronic
database, and with other agencies or resources as appropriate, to
determine whether the applicant is ineligible under RCW 9.41.040
or 9.41.045 to possess a firearm and therefore ineligible for a
concealed pistol license. This subsection applies whether the
applicant is applying for a new concealed pistol license or to
renew a concealed pistol license.
(3) Any person whose firearms rights have been restricted
and who has been granted relief from disabilities by the attorney
general under 18 U.S.C. Sec. 925(c) or who is exempt under 18
U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire,
receive, transfer, ship, transport, carry, and possess firearms
in accordance with Washington state law restored except as
otherwise prohibited by this chapter.
(4) The license application shall bear the full name,
residential address, telephone number at the option of the
applicant, date and place of birth, race, gender, description, a
complete set of fingerprints, and signature of the licensee, and
the licensee's driver's license number or state identification
card number if used for identification in applying for the
license. A signed application for a concealed pistol license
shall constitute a waiver of confidentiality and written request
that the department of social and health services, mental health
institutions, and other health care facilities release
information relevant to the applicant's eligibility for a
concealed pistol license to an inquiring court or law enforcement
agency.
The application for an original license shall include two
complete sets of fingerprints to be forwarded to the Washington
state patrol.
The license and application shall contain a warning
substantially as follows:
CAUTION: Although state and local laws do not differ,
federal law and state law on the possession of firearms
differ. If you are prohibited by federal law from
possessing a firearm, you may be prosecuted in federal
court. A state license is not a defense to a federal
prosecution.
The license shall contain a description of the major
differences between state and federal law and an explanation of
the fact that local laws and ordinances on firearms are preempted
by state law and must be consistent with state law. The
application shall contain questions about the applicant's
eligibility under RCW 9.41.040 to possess a pistol, the
applicant's place of birth, and whether the applicant is a United
States citizen. The applicant shall not be required to produce a
birth certificate or other evidence of citizenship. A person who
is not a citizen of the United States shall, if applicable, meet
the additional requirements of RCW 9.41.173 and produce proof of
compliance with RCW 9.41.173 upon application. The license may
be in triplicate or in a form to be prescribed by the department
of licensing.
The original thereof shall be delivered to the licensee, the
duplicate shall within seven days be sent to the director of
licensing and the triplicate shall be preserved for six years, by
the authority issuing the license.
The department of licensing shall make available to law
enforcement and corrections agencies, in an on-line format, all
information received under this subsection.
(5) The nonrefundable fee, paid upon application, for the
original five-year license shall be thirty-six dollars plus
additional charges imposed by the federal bureau of investigation
that are passed on to the applicant. No other state or local
branch or unit of government may impose any additional charges on
the applicant for the issuance of the license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the
fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(d) Three dollars to the firearms range account in the
general fund.
(6) The nonrefundable fee for the renewal of such license
shall be thirty-two dollars. No other branch or unit of
government may impose any additional charges on the applicant for
the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(c) Three dollars to the firearms range account in the
general fund.
(7) The nonrefundable fee for replacement of lost or damaged
licenses is ten dollars to be paid to the issuing authority.
(8) Payment shall be by cash, check, or money order at the
option of the applicant. Additional methods of payment may be
allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee applies
for renewal within ninety days before or after the expiration
date of the license. A license so renewed shall take effect on
the expiration date of the prior license. A licensee renewing
after the expiration date of the license must pay a late renewal
penalty of ten dollars in addition to the renewal fee specified
in subsection (6) of this section. The fee shall be distributed
as follows:
(a) Three dollars shall be deposited in the state wildlife
account and used exclusively first for the printing and
distribution of a pamphlet on the legal limits of the use of
firearms, firearms safety, and the preemptive nature of state
law, and subsequently the support of volunteer instructors in the
basic firearms safety training program conducted by the
department of fish and wildlife. The pamphlet shall be given to
each applicant for a license; and
(b) Seven dollars shall be paid to the issuing authority for
the purpose of enforcing this chapter.
(10) Notwithstanding the requirements of subsections (1)
through (9) of this section, the chief of police of the
municipality or the sheriff of the county of the applicant's
residence may issue a temporary emergency license for good cause
pending review under subsection (1) of this section. However, a
temporary emergency license issued under this subsection shall
not exempt the holder of the license from any records check
requirement. Temporary emergency licenses shall be easily
distinguishable from regular licenses.
(11) A political subdivision of the state shall not modify
the requirements of this section or chapter, nor may a political
subdivision ask the applicant to voluntarily submit any
information not required by this section.
(12) A person who knowingly makes a false statement
regarding citizenship or identity on an application for a
concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law,
the concealed pistol license of a person who knowingly makes a
false statement shall be revoked, and the person shall be
permanently ineligible for a concealed pistol license.
(13) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the
applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the
applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
(14) Any person who, as a member of the armed forces,
including the national guard and armed forces reserves, is unable
to renew his or her license under subsections (6) and (9) of this
section because of the person's assignment, reassignment, or
deployment for out-of-state military service may renew his or her
license within ninety days after the person returns to this state
from out-of-state military service, if the person provides the
following to the issuing authority no later than ninety days
after the person's date of discharge or assignment, reassignment,
or deployment back to this state: (a) A copy of the person's
original order designating the specific period of assignment,
reassignment, or deployment for out-of-state military service,
and (b) if appropriate, a copy of the person's discharge or
amended or subsequent assignment, reassignment, or deployment
order back to this state. A license so renewed under this
subsection (14) shall take effect on the expiration date of the
prior license. A licensee renewing after the expiration date of
the license under this subsection (14) shall pay only the renewal
fee specified in subsection (6) of this section and shall not be
required to pay a late renewal penalty in addition to the renewal
fee.[2009 c 216 § 5; 2009 c 59 § 1; 2002 c 302 § 703; 1999 c
222 § 2; 1996 c 295 § 6; 1995 c 351 § 1. Prior: 1994 sp.s. c 7
§ 407; 1994 c 190 § 2; 1992 c 168 § 1; 1990 c 195 § 6; prior:
1988 c 263 § 10; 1988 c 223 § 1; 1988 c 219 § 1; 1988 c 36 § 1;
1985 c 428 § 3; 1983 c 232 § 3; 1979 c 158 § 1; 1971 ex.s. c 302
§ 2; 1961 c 124 § 6; 1935 c 172 § 7; RRS § 2516-7.]
NOTES:
Reviser's note: This section was amended by 2009 c 59 § 1
and by 2009 c 216 § 5, each without reference to the other. Both
amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application -- Construction -- Short title -- Severability -- 2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Finding -- Hunter education program: "The legislature finds
that the hunter education program offers classes that all new
hunters in the state are legally required to complete, but that
budget reductions have limited the assistance that may be
provided to the volunteers who conduct these classes. A portion
of the funds for this program is provided by statute exclusively
for printing and distributing the hunter safety pamphlet. While
this pamphlet should remain the highest spending priority for
these funds, there is a surplus in the account which could assist
with other activities by the volunteers conducting the hunter
education program." [1999 c 222 § 1.]
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes
following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437,
and 439-460: See note following RCW 9.41.010.
Severability -- 1992 c 168: "If any provision of this act or
its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to
other persons or circumstances is not affected." [1992 c 168 §
4.]
Severability -- 1985 c 428: See note following RCW 9.41.290.
Severability -- 1983 c 232: See note following RCW 9.41.010.
Severability -- 1971 ex.s. c 302: See note following RCW 9.41.010.