Are Ghost Guns Legal in Washington State?
The Debate Continues
In recent years, the term "ghost guns" has become a topic of intense debate and controversy in the United States. A ghost gun refers to a firearm that is built from parts rather than being manufactured as a complete firearm, with a serial number and manufacturer’s stamp. The idea is that since they are not manufactured by a single company, they don’t require a background check or any documentation, making them difficult to trace and potentially used in criminal activity. But are ghost guns legal in Washington state?
Direct Answer: No, Ghost Guns are Not Legal in Washington State
Background Checks and Registration
In Washington state, it is illegal to sell or purchase any firearm without a background check. According to the Washington State Concealed Pistol License (CPL) Law, applicants must undergo a background check through the Washington State Patrol (WSP) or the Federal Bureau of Investigation (FBI) prior to purchasing a firearm. This includes private sellers, who are required to conduct a background check through the Washington State Department of Licensing (DOL) or the FBI.
Registration Requirements
Additionally, the state of Washington requires that all firearms, including ghost guns, be registered with the DOL. RCW 9.41.090 states that "Every person who owns or possesses a firearm shall register the same with the department on a form provided by the department." This includes firearms that are manufactured or assembled for personal use, as well as those that are purchased or acquired through private sale.
Legal Gray Area: 80% Lowers and Parts Kits
However, there is a legal gray area surrounding 80% lowers, which are partially complete firearms that require welding or assembly to become functional. 80% lowers or "invisible firearms" are made from a metal or polymer frame with a hole drilled out for the barrel, but are not considered complete firearms until they are assembled. While these products are widely available and legal for purchase, the question of whether they can be legally assembled into a functional firearm without a background check has sparked controversy.
Legal Challenge: The Case of Washington v. Dicks
In Washington v. Dicks, the Washington State Supreme Court ruled that a lower receiver, even if unserialized and unregistered, is still considered a "firearm" under the state’s definition. This ruling has led some to argue that assembling an 80% lower into a functional firearm without proper documentation and background check, as required by law, is illegal in Washington state.
Implications and Recommendations
While ghost guns are not explicitly banned in Washington state, the legal gray area surrounding 80% lowers and parts kits has led to concerns about public safety and the potential for untraceable and unregistered firearms to be used in criminal activity. To ensure compliance with state laws and regulations, we recommend the following:
- Buyer Beware: If you plan to purchase an 80% lower or parts kit, be aware of the legal implications and ensure that you follow all necessary procedures for assembly and registration.
- Background Check: Always conduct a background check through the WSP or FBI prior to purchasing any firearm.
- Registration: Register your firearm with the DOL to ensure compliance with state regulations.
- Support Stricter Legislation: Advocate for stricter laws and regulations on firearms, including ghost guns, to ensure public safety and prevent the misuse of firearms.
Table: Washington State Firearms Laws and Regulations
| Law | Description | Impact on Ghost Guns |
|---|---|---|
| Concealed Pistol License Law | Requires background check prior to purchasing a firearm | Applies to all firearms, including ghost guns |
| Firearms Registration | Requires registration of all firearms with the DOL | Includes ghost guns |
| Washington v. Dicks | Ruling that a lower receiver is considered a "firearm" | Affects the legality of assembling 80% lowers without documentation and background check |
Conclusion
While ghost guns are not explicitly illegal in Washington state, the legal gray area surrounding 80% lowers and parts kits has raised concerns about public safety and the potential for untraceable and unregistered firearms to be used in criminal activity. To ensure compliance with state laws and regulations, we must promote responsible gun ownership and advocate for stricter laws and regulations on firearms. By doing so, we can work towards a safer and more transparent environment for all.