Washington is about to make buying a firearm a licensed privilege. The people who already obey the law will pay for it. The people who do not buy guns at gun stores will not.
A Permit to Exercise a Right: Washington’s 2027 Gun-Purchase Scheme
By Rip Wheeler
September 11, 2026
On May 20, 2025, Governor Bob Ferguson signed Engrossed Second Substitute House Bill 1163.
Beginning May 1, 2027, no licensed dealer in this state may hand a law-abiding adult a firearm unless that adult first produces a five-year “Permit to Purchase” issued by the Washington State Patrol.
The official flyers now circulating under the WSP logo make it sound tidy: apply online at https://t.co/bEDbKnb3v4, pay $126, get printed at your local sheriff’s office, take a “WSP certified” live-fire class, wait up to 30 days, collect a digital card. The statute is RCW 9.41.121. The training rules sit in RCW 9.41.1132. The state constitution is Article I, Section 24: “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired.”
Those two documents do not agree.
What the law actually does
Washington already requires a background check on nearly every transfer, including most private sales. Semi-automatic rifle buyers already have to show a safety course. There is a waiting period. Dealers already keep records. Prohibited persons are already barred by state and federal law.
HB 1163 stacks a second gate in front of all of that. Before you may even start the purchase you already do, you must:
• File an application with WSP and pay a state fee.
• Travel to the police or sheriff in the county where you live for a full set of fingerprints. That agency sets its own extra fee. WSP does not cap it.
• Produce a certificate from a course WSP has certified, including live fire, unless you fall into a narrow exemption for certain officers, military, armed guards, or investigators.
• Wait while WSP runs another background check — 30 days for most people, 60 if you are a newer resident — and then still run the existing check at the counter when you buy.
The permit lasts five years and covers unlimited firearms. Renewal is cheaper on paper. Miss the window by more than 90 days and the flyer says you pay a late fee on top.
That is not a background check. Washington already has background checks. This is a license to exercise a right.
The Constitution does not say “after you pay and wait”
The Second Amendment, as the Supreme Court restated in New York State Rifle & Pistol Association v. Bruen (2022), protects conduct the plain text covers unless the government can show a historical tradition of the same kind of regulation. Buying a common firearm is how a free person keeps arms. The Founding generation did not make a farmer in the Northwest Territory apply to a state police bureau, sit for fingerprints at the county jail, and complete a government-certified live-fire syllabus before he could buy a musket or a rifle.
This left room for shall-issue carry licenses that use objective criteria and do not function as a ban through delay, cost, or discretion. HB 1163 copies the “shall issue unless prohibited” sentence. That is the state’s best defense. It is not a complete one.
A permit that does not exist until you complete a course the state has not yet certified, pay fees the state has not fully locked in rule, and wait on local fingerprint appointments the state does not control, is a prior restraint. If the machinery is slow, expensive, or missing in Cowlitz, Skamania, or Klickitat County, the “shall” becomes a “not yet.” Courts have already said licensing regimes can fail when they operate that way.
Washington’s own charter is stricter on its face than the federal text. “Shall not be impaired” is not “shall be reasonably regulated after a $126 application, a local print fee, a range class, and a month.” The Washington Supreme Court has been more deferential to gun statutes than the current U.S. Supreme Court. That is a prediction about judges. It is not a reading of the words.
The fees are a moving target dressed up as official
The statute does not say $126. It says WSP may charge fees that cover, “as nearly as practicable,” the direct and indirect cost of the program, and that local agencies may charge a “reasonable” fingerprint fee.
Fiscal notes used $95 as an illustration and separately counted FBI and WSP fingerprint processing. One analysis said WSP expected the program to cost about $20 million in the 2027–29 cycle and process on the order of 100,000 applications a year. Fees were assumed to offset much of that.
The flyer still says $126 to apply and $90 to renew, plus whatever your sheriff charges to roll your fingers, plus the class. The class is not free. Live-fire instruction, range time, and ammunition in this state routinely run from the high tens into the low hundreds of dollars. Add travel if you do not live next to a certified provider.
Call the $126 figure what it is: an unofficial number printed on official-looking paper before the agency has finished the rule. Citizens are being told a price for a right the legislature never priced in the statute. That is sloppy government at best. At worst it is a tax on the Second Amendment collected in pieces so no single line item looks like a poll tax.
WSP does not teach the class the law requires
Read the flyer again. Step 3 says “WSP certified” training “from a local provider.” That is the honest part.
WSP’s legal duty under RCW 43.43.575 is to certify other people’s programs, not to put troopers on a firing line for 100,000 civilians. The agency said so on its own Firearms Background Division page: funding did not start until July 1, 2026, and until then it could do “only very basic planning.”
On July 10, 2026, WSP’s Kevin Baird emailed trainers. Vetting of providers was expected to start in September 2026. Vetting of curricula was expected in October 2026. Three “levels” of class were sketched — 50-plus rounds for CPL and purchase permits, 1–49 rounds for purchase permits only, classroom-only for some renewals. The trainer portal was still being programmed.
Today is September 11, 2026. There is no public statewide roster of WSP-certified Permit-to-Purchase courses a citizen can book this week. The law that takes effect in 232 days depends on a certification pipeline that, by the agency’s own calendar, just opened.
If WSP is late, the dealer still cannot sell. The statute does not contain a “the state wasn’t ready, so go ahead” clause. Law-abiding buyers eat the delay. That is how a shall-issue law becomes a shut-the-counter law without anyone voting for a ban.
Who this hits — and who it does not
It hits the person who walks into a shop with a clean record and a driver’s license. It hits the parent who wants a shotgun for the farm. It hits the woman who decided last month that she will no longer wait for a deputy who is 40 minutes away. It hits rural counties first, because certified ranges and weekday fingerprint windows are not evenly distributed along I-5.
It does not hit the prohibited person who already cannot pass a NICS check and does not intend to try. It does not hit the stolen gun. It does not hit the straw purchase that is already a felony. It does not hit the homemade or off-book transfer that never sees a dealer. ATF trace work in this state has long shown that crime guns are often not recovered from the original lawful purchaser. Adding a laminated permit number to the form a dealer already fills out does not change that fact.
Supporters point to a Johns Hopkins summary of Connecticut’s old permit-to-purchase law and a claimed drop in gun homicide. Correlation after a 1990s crime-wave peak is not a controlled experiment, and Connecticut did not repeal human nature. Washington already copied the parts of that model that operate at the counter. What is new here is the extra license, the extra fee, the extra prints, and a live-fire certificate the certifying agency spent a year saying it was not funded to stand up.
Criminals are not waiting for https://t.co/bEDbKnb3v4.
Why the attorney general is not suing
Because he helped pass it.
Attorney General Nick Brown testified to the Senate Law & Justice Committee on March 25, 2025, in support of HB 1163. His office’s press release is still on https://t.co/zq71aX7UEd. He called it a tool to make sure buyers are not purchasing “illegally under existing state and federal laws” — laws that already forbid illegal purchases.
Governor Ferguson signed the bill. Before he was governor he spent three terms as attorney general building the state’s gun-control docket. The current attorney general is not a neutral referee who missed a constitutional problem. He is an author of the policy.
An attorney general can refuse to defend a statute he believes is unconstitutional. This one will defend it.
Fiscal notes even budgeted hundreds of thousands of dollars a year for assistant attorneys general to handle denials and revocations. The office that should be the first check on a law that “impairs” an enumerated right is staffed to litigate against the citizen who gets denied.
That is why there is no AG lawsuit. There will be others. Gun-rights groups do not need Olympia’s permission to file in federal court under Bruen or in superior court under Article I, Section 24. Expect them before May 1, 2027. Expect the state to answer that the permit is “shall-issue,” the fee is “cost recovery,” and the training is “safety.” Expect the reply to be the calendar, the flyer price that is not in the statute, and the empty list of certified ranges in the counties that do not vote the way Olympia votes.
The honest test
If this scheme were applied to voting, the press would call it a poll tax plus a literacy test plus a 30-day waiting period administered by an agency that had not finished certifying the literacy teachers. If it were applied to church, it would be a permit to worship. The right to keep and bear arms is written in the same ink.
Training is good. Background checks for prohibited persons are already the law. Neither requires a new five-year license, a second fee, a trip to the sheriff for prints, and a course the State Patrol spent 2025 and half of 2026 saying it was not ready to certify.
Law-abiding Washingtonians will comply, pay, drive, wait, and buy later — or they will leave, which is one reason active concealed-pistol numbers in this state are already sliding. Criminals will skip the portal. The constitution will still say the right shall not be impaired.
Olympia can print flyers. It cannot print a historical analogue that is not there, and it cannot print a certified instructor in a county that does not have one.
Sources: RCW 9.41.121 and 9.41.1132; Chapter 370, Laws of 2025 (E2SHB 1163); WSP Firearms Background Division page and July 10, 2026 trainer update; Washington Attorney General news release, March 25, 2025; Washington Constitution, Article I, Section 24; N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022).
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