Does Washington Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Washington has a red flag law called the Extreme Risk Protection Order (ERPO) statute. It allows family members, law enforcement, and certain others to petition courts for temporary firearm removal orders.
What This Means for You
Washington's red flag law creates a legal mechanism where concerned parties can request court orders to temporarily remove firearms from individuals who may pose a risk to themselves or others. This affects anyone who owns firearms in Washington, as it establishes circumstances under which your firearms could be temporarily seized through civil court proceedings rather than criminal charges.
The Detail
Washington's Extreme Risk Protection Order law allows specific categories of people to petition a court for orders requiring someone to surrender their firearms temporarily. Eligible petitioners typically include family members, household members, intimate partners, and law enforcement officers. The process involves filing a petition with evidence that the person poses a risk of harm to themselves or others by possessing firearms.
The court can issue temporary orders that last up to two weeks based on the initial petition, followed by a hearing where the firearm owner can present their defense. If the court finds sufficient evidence, it can issue longer-term orders lasting up to one year. The respondent must surrender all firearms and ammunition during the order period and cannot purchase new firearms.
Violating an ERPO by failing to surrender firearms or attempting to purchase new ones while under an order can result in criminal charges. The law includes provisions for the return of firearms once the order expires, provided the person is legally eligible to possess them. Law enforcement agencies handle the actual seizure and storage of firearms during the order period.
The standard of evidence required is typically "clear and convincing evidence" that the person poses a significant danger. Courts consider factors like recent threats, history of violence, substance abuse, and access to firearms when making determinations.
Build Impact
If you're building firearms in Washington, an ERPO could require you to surrender completed builds, parts kits, and components until the order is resolved. You should understand that even legally possessed firearms and parts can be temporarily seized through this civil process, regardless of whether you face any criminal charges.