AN ACT Relating to establishing state standards for the labeling of imitation firearms sold inside Washington state;
Bill Description
Establishing state standards for the labeling of imitation firearms sold inside Washington state.
What this bill does Powered by Legitron
The bill reenacts and amends RCW 9.41.010 and adds a new section to chapter 9.41 RCW that establishes state standards for imitation firearms sold in Washington. It also adds and clarifies many statutory definitions in chapter 9.41, including an expanded, enumerated definition of “assault weapon” with listed model names and characteristic-based criteria and specified exclusions (for example, antique firearms and manually operated firearms).
The new section (Sec. 2) makes it a misdemeanor for a manufacturer, importer, or distributor to alter, remove, or obliterate coloration or markings required by state or federal law in a way that makes an imitation firearm look more like a firearm, and a misdemeanor to fail to comply with applicable federal marking requirements. It requires any imitation firearm manufactured after July 1, 2005, to be sold in Washington with a conspicuous written advisory in the packaging warning that the item may be mistaken for a firearm, that altering its markings can be dangerous and may be a crime, and that brandishing it in public may cause confusion and may be a crime. Civil fines for failing to include the advisory are set at up to $1,000 for a first action, $5,000 for a second, and $10,000 for third and subsequent actions, each action brought by the state or a local prosecutor. The bill also authorizes civil fines up to $10,000 per violation for commercial manufacture, sale, shipment, transport, distribution, or receipt of imitation firearms except for specified authorized uses.
Authorized uses exempted from the prohibition include export in interstate or foreign commerce; lawful use in theatrical productions, certified sporting events or competitions, military or civil defense or ceremonial activities; and public displays authorized by schools. The bill allows compliance if the entire exterior surface of an imitation firearm is a bright, clearly specified color (or predominantly so) or is translucent so its interior is visible; an orange tip alone does not satisfy this requirement. The text also defines the “Washington state patrol firearms background check program” but the full statutory definition of “imitation firearm” is not included in the provided excerpts.
The bill affects manufacturers, importers, distributors, dealers, and persons who commercially handle imitation firearms, as well as state and local prosecutors and the Washington State Patrol. Important gaps in the provided text include the complete definition of “imitation firearm,” the remainder of the “frame or receiver” definition, and any additional enforcement or penalty procedures beyond the civil fines and misdemeanors described above.
Why it matters Powered by Legitron
If enacted, companies that make, import, distribute, or sell toy, BB, replica, or look‑alike firearms into Washington will likely need to change how those products are packaged and how they look to avoid criminal or civil penalties: any imitation firearm made after July 1, 2005 must include a prominent written warning in the packaging when offered for sale in Washington, and altering or removing required coloration or markings that make a toy look more like a real gun can be a misdemeanor. Businesses will face escalating civil fines for missing the warning and up to $10,000 per violation for commercial handling of imitation firearms that are not authorized under the bill, so many manufacturers and retailers will probably recolor products entirely in bright solid colors or make them translucent, stop selling risky items to Washington customers, or tighten compliance checks to avoid liability.
The bill preserves specific authorized uses (export, theatrical productions, regulated sports, military/civil defense, ceremonial uses, and school displays), so those users can continue to obtain realistic replicas under those circumstances, but other commercial channels will face heightened costs, legal risk, and new labeling responsibilities. Important details are missing from the provided text — notably the full statutory definition of “imitation firearm,” how enforcement will be carried out in practice, and how the Washington State Patrol background check program ties into these rules — so some practical impacts (which exact products are covered and how prosecutions or civil actions will proceed) remain uncertain.