The Washington SAFE (Secure Automated Firearms E-Check) System is a fundamental component of the state’s commitment to enhancing public safety and gun responsibility. Operated by the Washington State Patrol’s Firearms Background Division, the system helps licensed dealers conduct thorough background checks to ensure firearms are sold responsibly. As a POC state for the National Instant Criminal Background Check System (NICS), these checks streamline the process and ensure compliance with state and federal laws. To conduct a background check, the individual must also be onboarded with the SAFE system. This approach helps maintain high standards of safety for all Washington residents.
Washington – A POC State’s Role with NICS
Washington State Patrol (WSP) is a law enforcement agency that acts as the point of contact between firearms dealers and the NICS. As mandated by Washington law, WSP oversees all background checks related to firearm sales and transfer in the state. The SAFE System ensures that all sales, whether private, through gun shows, or online transactions, undergo strict checks against federal and state disqualifying criteria.
Key Information: Firearm Background Check Requirements
WSP collects detailed information to ensure thorough and accurate background checks, supporting the enforcement of federal and state laws regarding firearm purchases. The key information gathered includes:
- Buyer information including full name, date of birth, and valid Washington driver’s license
- Any criminal charges that would disqualify someone from owning a firearm
- Mental health information
- Specifics about the type of firearm being purchased, such as a handgun or semiautomatic rifle
The SAFE system integrates with FBI data to cross-reference information and provide a complete assessment of each applicant’s background. This ensures that only eligible individuals can purchase firearms, contributing to responsible gun ownership in the state.
Appeals and Denials
When a potential buyer fails to meet the eligibility criteria during the background check, they receive a denial. This can occur for reasons such as a criminal record, certain mental health conditions, or other factors. The steps to challenge a denial include:
- File an Appeal: Individuals who receive a denial can challenge the decision. These applicants can contact the state’s Firearms Background Division and fill out the necessary forms to file the appeal.
- Review Process: Once an appeal is submitted, the WSP re-examines the case. They reassess their background information and any additional evidence that supports their claim.
- Outcome of the Appeal: The appeal can either uphold the original denial or overturn it if new information clears the disqualifying issues. An overturn allows the individual to proceed with the firearm purchase.
The challenge process ensures that the rights of individuals are respected while maintaining the integrity of the background check system – keeping firearms out of the hands of straw purchasers and others prohibited from owning them.
Frequently Asked Questions
The state allows a 10-day waiting period for prospective buyers to complete a background check and 60 days if the individual doesn’t have a valid driver’s license or state ID number.
Yes, federal gun laws require FFLs to conduct background checks for all private gun sales and firearm transfers. The licensed gun dealer will conduct the check through the SAFE System to determine if the individual is eligible to purchase the firearm.
If an individual fails the firearm background check, they will receive a denial and the firearm sale will not proceed. The denial will include instructions on how to appeal the decision if there was an error made.
No, individuals don’t need a pistol license to purchase a gun, but they do need to pass the background check conducted by a licensed firearm dealer.
Several new laws have come out about the background check requirement for Washington residents purchasing handguns or semi-automatic rifles. In 2014, Washington state legislature passed a universal background checks law requiring all private sales to go through a background check. In 2020, they became a full POC state, allowing them to serve as a centralized point of contact for background checks. In 2024, the WSP outlined that all background checks will go through the WSP background check program.