Unlawful sale or transfer of firearm
Seattle Mun. Code § 12A.14.195
in effect12A.14.195 - Unlawful sale or transfer of firearm
A. No person shall sell or transfer a firearm unless:
1. The person is a licensed dealer; or
2. The purchaser or transferee is a licensed dealer; or
3. The requirements of subsection 12A.14.195.B are met.
B. Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:
1. The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.
2. Except as provided in subsection 12A.14.195.B.1, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.
3. The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
4. If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
5. The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.
C. It is an affirmative defense to a charge of violating subsection 12A.14.195.A, which the defendant must prove by a preponderance of the evidence, that the sale or transfer is:
1. A transfer that is a bona fide gift or loan between immediate family members, which for this subsection 12A.14.195.C.1 shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
2. The sale or transfer of an antique firearm;
3. A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
a. The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
b. The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
4. A temporary transfer of possession of a firearm if:
a. The transfer is intended to prevent suicide or self-inflicted great bodily harm;
b. The transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and
c. The firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;
5. Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
6. A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
7. The temporary transfer of a firearm:
a. Between spouses or domestic partners;
b. If the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
c. If the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
d. To a person who is under 18 years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms;
e. Under circumstances in which the transferee and the firearm remain in the presence of the transferor; or
f. While hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting;
A temporary transfer allowed by this subsection 12A.14.195.C.7 is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
8. A person who either acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding 60 days. At the end of the 60-day period, the person must either have lawfully transferred the pistol or must have contacted the Washington State Department of Licensing to notify the Department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or
9. A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic.
D. Any person violating any provision of this Section 12A.14.195 is guilty of a gross misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed and none of the mental states described in Section 12A.04.030 need be proved. Each firearm sold or transferred without complying with the background check requirement of this Section 12A.14.195 is a separate offense.
(Ord. 125345, § 6, 2017; Ord. 124684, § 18, 2015.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT12ACRCO_SUBTITLE_ICRCO_CH12A.14WECO_12A.14.195UNSATRFIFetched: 11/1/2026