If I own an assault weapon under Washington law and want to sell it through a pawn shop to someone out of state, can I, and can the pawn shop legally complete the transfer?
Plain-English summary
Washington's 2023 ban on assault-weapon sales (Substitute House Bill 1240, codified at RCW 9.41.390) carved out a narrow exception in subsection (2)(c). A properly licensed dealer can buy an assault weapon from a person who is legally authorized to sell it, and the dealer can resell it, but only to someone who does not reside in Washington. The statute is explicit that this exception is meant to give individual owners a way out, not to allow dealers to operate a wholesale out-of-state pipeline.
In AGO 2023 No. 5, the AG had told pawnbrokers that they cannot use this exception to sell an assault weapon they ended up with because a borrower failed to redeem a pledge. Reason: when a pawnbroker takes a weapon as collateral for a loan, the original purpose is "security for a loan," not "to resell to a nonresident," and the later transfer of ownership when the loan defaults is "by operation of law" under RCW 19.60.061(2), not a buy-for-resale.
Representative Jim Walsh asked three follow-up questions. AG Ferguson concluded:
- Yes, an owner can sell the weapon outright to a properly licensed pawnbroker, outside any pledge context, if the pawnbroker is buying it for the specific purpose of resale to a nonresident.
- Yes, the pawnbroker's later resale to a nonresident can also qualify under the same exception, as long as it complies with every other state and federal law about interstate firearm sales.
- Yes, an owner whose weapon is currently sitting in pawn as collateral for an active loan can sell it to the pawnbroker before the loan defaults. The pawnbroker is then acquiring ownership through a purchase made for the resale-to-nonresident purpose, not through the operation of the default rule.
Throughout, the opinion is explicit that it interprets only RCW 9.41.390(2)(c). Federal law on interstate firearm transfers, ATF rules on dealer-to-dealer transfers and out-of-state buyers, and any other state restriction still apply. A particular transaction can fit RCW 9.41.390(2)(c) and still be illegal under federal law if, for example, the receiving nonresident is a prohibited person.
What this means for you
If you are a Washington assault-weapon owner who wants to sell
You have a legal pathway, but it is narrow. The pawnbroker (or any licensed dealer) you sell to has to be properly licensed under both state and federal law and has to be buying for the purpose of reselling to someone who is not a Washington resident. Wholesale or volume sales of inventory are explicitly out. If you currently have one of your firearms pledged at a pawnbroker, you can also do this sale before your loan expires; you do not have to redeem first. Get your transfer paperwork done through a licensed dealer (federal Form 4473, background-check requirements, the Washington 10-day waiting period for handguns and semi-automatic assault rifles).
If you are a pawnbroker or federal firearms licensee
Document the purpose of acquisition at the moment you take the firearm. RCW 9.41.390(2)(c) hinges on whether you "acquired the weapon for the purpose of selling or transferring it to a person who does not reside in this state." The state legislative intent quoted in the statute itself is explicit: this is for individual owners, not for stocking inventory for an out-of-state customer pipeline. If your records show that the assault-weapon side of your shop has shifted into wholesale acquisition, RCW 9.41.390(2)(c) protection narrows and you risk a criminal-distribution charge. Contrast this with the unredeemed-pledge situation flagged in AGO 2023 No. 5: if a customer pledges the weapon as security and walks away from the loan, you cannot then resell to a nonresident under (2)(c). That is still the rule.
If you draft compliance procedures for a multi-state firearms dealer
Build the in-state Washington side of your acquisition flow with three checkpoints: the seller is legally authorized to transfer, the buyer (the dealer) is properly licensed under both layers, and the acquisition is documented as for resale to a specific or general out-of-state customer. The 18 U.S.C. § 921 / § 923 federal license framework is incorporated by reference; do not assume a Washington-only license is enough.
If you are a law-enforcement firearms unit reviewing seized assault weapons in pawn
Look at the pawn record to determine whether the firearm came in as a sale or as a loan pledge. The two have different exemption profiles under RCW 9.41.390(2)(c). A loan-pledge weapon that defaulted is not within the exception even if the broker is licensed. A purchased-for-resale weapon may be, depending on the broker's documentation.
Common questions
Can a pawnbroker buy an assault weapon at all under Washington law?
Yes, under RCW 9.41.390(2)(c), if the pawnbroker is properly licensed under state and federal law and is buying for the purpose of selling or transferring to a nonresident.
What about pawnbrokers who already hold assault weapons as security on existing loans?
If the loan defaults and the pawnbroker gets ownership through RCW 19.60.061(2), the pawnbroker cannot use RCW 9.41.390(2)(c) to resell. That is the AGO 2023 No. 5 rule and it remains intact. But if the borrower instead offers to sell the weapon to the pawnbroker before the loan expires, that pre-default sale can qualify under (2)(c) if all the other elements are met.
Does this opinion authorize interstate firearm sales generally?
No. The opinion only addresses whether a particular transaction fits within Washington's RCW 9.41.390(2)(c) exception. Federal law on interstate firearm sales (especially the requirement that handguns and assault weapons go through a federally licensed dealer in the buyer's state of residence) still applies. The opinion is explicit on this. The pawnbroker's resale to a nonresident has to clear federal law on its own terms.
What about the "wholesale" prohibition in RCW 9.41.390(2)(c)?
The statute says the exception is "not intended to allow Washington dealers to purchase assault weapons wholesale for the purpose of selling a stock or inventory of assault weapons online or in person to nonresidents." A single owner selling a single firearm before the pawnbroker loan expires is not wholesale, so the prohibition does not bar it.
Does this opinion bind a pawnbroker?
No. AG opinions are persuasive, not binding. But criminal charges for distributing assault weapons in violation of RCW 9.41.390 are real, and the opinion is the AG's interpretation of how to stay inside the exception. If you act outside it on the basis of a different reading, you carry the litigation risk.
Background and statutory framework
Washington's assault-weapon law (SHB 1240, codified at RCW 9.41.390 et seq.) generally bans the manufacture, importation, distribution, sale, and offer for sale of assault weapons in Washington. The exceptions in subsection (2) are deliberately narrow. (a) is for the seller's lawful possession (existing owners can keep what they own). (b) is for inheritance and similar non-commercial transfers. (c) is the dealer-to-nonresident exception this opinion addresses.
The pawnbroker overlay comes from RCW 19.60. A pawnbroker loan is structured as a 90-day pledge. If the borrower does not redeem within 90 days, the pawnbroker becomes the owner by operation of law (RCW 19.60.061(2)). That is the mechanism AGO 2023 No. 5 said cannot satisfy (2)(c). The "purpose of acquisition" inquiry is the hinge.
The federal layer is 18 U.S.C. §§ 921, 923, which define "licensed dealer" by reference to the federal firearms license. A pawnbroker who wants to operate under (2)(c) needs the federal license; "licensed under state law" alone is not sufficient.
Citations
The opinion's plain-meaning approach incorporates the statute's enacted statement of intent (G-P Gypsum v. Department of Revenue). It applies the narrow-construction canon to statutory exceptions (Swinomish Indian Tribal Community v. Department of Ecology). Its predecessor AGO 2023 No. 5 sets the limit for unredeemed-pledge transfers and is preserved.
Source
- Landing page: https://www.atg.wa.gov/ago-opinions/ability-assault-weapon-owners-sell-pawnbroker-under-rcw-9413902c-outside-context
Original opinion text
Attorney General
FIREARMS — STATUTES — Ability Of Assault Weapon Owners To Sell To A Pawnbroker Under RCW 9.41.390(2)(c) Outside The Context Of An Unredeemed Pledge, Applicability Of The Exemption In Subsection .390(2)(c) To The Pawnbroker's Subsequent Sale Or Transfer Of The Weapon To A Nonresident, And Effect Of The Existence Of An Outstanding Pawnbroker Loan
An owner of an "assault weapon" as defined in RCW 9.41.010(2) who is legally authorized to transfer the weapon may sell it to a pawnbroker under RCW 9.41.390(2)(c) outside the context of an unredeemed pledge as long as the pawnbroker is properly licensed and acquires the weapon for the purpose of selling or transferring it to a person who does not reside in Washington.
If a pawnbroker is properly licensed and acquires an assault weapon under circumstances that satisfy RCW 9.41.390(2)(c), then the pawnbroker's subsequent sale or transfer of the assault weapon to a nonresident could also qualify for the exemption in RCW 9.41.390(2)(c), and may be legal as long as it complies with any other applicable state or federal law.
The existence of an outstanding pawnbroker loan does not preclude the owner of an assault weapon pledged as security for a pawnbroker loan from selling the firearm to the pawnbroker before the loan has expired.
October 29, 2024
The Honorable Jim Walsh
Representative, District
PO Box 40600
Olympia, WA 98504-0600
Cite As:
AGO 2024 No. 4
Dear Representative Walsh:
By letter previously acknowledged, you have requested our opinion on the following questions:
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May the owner of an "assault weapon," as defined in RCW 9.41.010(2), sell the weapon to a pawnbroker under RCW 9.41.390(2)(c) outside the context of an unredeemed pledge?
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Could a pawnbroker's subsequent sale or transfer to nonresidents of firearms acquired under RCW 9.41.390(2)(c) also qualify for the exemption under subsection .390(2)(c)?
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May the owner of an assault weapon pledged as security for a pawnbroker loan offer to sell the firearm to the pawnbroker before the loan has expired, for the purpose of selling or transferring the weapon to a person who does not reside in this state?
BRIEF ANSWERS
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Yes, provided that the pawnbroker is properly licensed under state and federal law, acquires the assault weapon from an individual legally authorized to transfer it, and acquires it for the purpose of selling or transferring it to a person who does not reside in Washington.
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Yes. If a pawnbroker is properly licensed and acquires an assault weapon under circumstances that satisfy RCW 9.41.390(2)(c), then the pawnbroker's subsequent sale or transfer of the assault weapon to a nonresident could also qualify for the exemption in RCW 9.41.390(2)(c), and may be legal as long as it complies with any other applicable state or federal law.
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Yes. The existence of an outstanding pawnbroker loan does not preclude a transaction that otherwise satisfies RCW 9.41.390(2)(c).
FACTUAL BACKGROUND
In 2023, the legislature passed Substitute House Bill 1240 (SHB 1240), 68th Leg., Reg. Sess. (Wash. 2023). Section 3 of SHB 1240, codified as RCW 9.41.390, prohibits the distribution, sale, or offer for sale of any assault weapon, subject to exceptions. RCW 9.41.390(1), (2); see also RCW 9.41.010(2) (defining "assault weapon"). Relevant here, RCW 9.41.390(2)(c) provides an exception for the distribution, offer for sale, or sale of an assault weapon to or by a licensed dealer "where the dealer acquires the assault weapon from an individual legally authorized to possess or transfer the assault weapon for the purpose of selling or transferring the assault weapon to a person who does not reside in this state."
In AGO 2023 No. 5, we addressed whether a pawnbroker may sell an assault weapon pledged as security for a loan when the firearm owner fails to redeem the pledged firearm. We concluded that they could not because in that situation the pawnbroker does not acquire the assault weapon for the purpose of selling or transferring it to a nonresident. AGO 2023 No. 5, at 6. Instead, the pawnbroker initially acquires the pledged assault weapon to hold as security for a loan, and subsequently acquires ownership by operation of law under RCW 19.60.061(2). AGO 2023 No. 5, at 6.
You have now requested our opinion regarding the applicability of RCW 9.41.390(2)(c) to pawnbrokers outside the context of an unredeemed pledge. For the purpose of our analysis, we again assume that the pawnbroker has a federal firearms license and is therefore a "licensed dealer" as that term is defined in RCW 9.41.010(29). See 18 U.S.C. § 921(a)(11)(C), (a)(12); § 923(a). We confine our analysis to SHB 1240 and do not examine the legality of a particular sale under any other state or federal law.
ANALYSIS
- May the owner of an "assault weapon," as defined in RCW 9.41.010(2), sell the weapon to a pawnbroker under RCW 9.41.390(2)(c) outside the context of an unredeemed pledge?
As noted above, we limit our analysis to whether this type of transaction could fall within the scope of RCW 9.41.390(2)(c), and we do not examine its legality under any other state or federal law.
Under RCW 9.41.390, the prohibition on assault weapon sales in RCW 9.41.390(1) does not apply to the following transactions:
The distribution, offer for sale, or sale of an assault weapon to or by a dealer that is properly licensed under federal and state law where the dealer acquires the assault weapon from an individual legally authorized to possess or transfer the assault weapon for the purpose of selling or transferring the assault weapon to a person who does not reside in this state. The purpose of this section is to allow individuals who no longer wish to own an assault weapon to sell their assault weapon and is not intended to allow Washington dealers to purchase assault weapons wholesale for the purpose of selling a stock or inventory of assault weapons online or in person to nonresidents[.]
RCW 9.41.390(2)(c).
By its plain language, this exception permits the sale of an assault weapon to a licensed dealer, if (1) the individual selling the weapon is legally authorized to transfer it, and (2) the dealer's acquisition is for the purpose of selling or transferring the assault weapon to a person who does not reside in Washington. In addition, the exception explains that it is not intended to allow Washington dealers to purchase assault weapons wholesale for the purpose of selling a stock or inventory of assault weapons to nonresidents. This enacted statement of legislative intent is included in the plain reading of the statute. See G-P Gypsum Corp. v. Dep't of Revenue, 169 Wn.2d 304, 310, 237 P.3d 256 (2010).
In AGO 2023 No. 5, we concluded that the second requirement could not be met in the context of unredeemed pledges because the pawnbroker's initial acquisition of the assault weapon was for a different purpose, as security for a loan, and the pawnbroker's subsequent retention of the firearm was by operation of law. See AGO 2023 No. 5, at 5-6. But outside of that context, we reach a different conclusion. The statute does not distinguish between licensed pawnbrokers and other licensed dealers. Thus, assuming the seller is legally authorized to transfer the assault weapon, and the pawnbroker acquires the assault weapon for the purpose of selling or transferring it to a nonresident, the sale would fall within the scope of the exception.
- Could a pawnbroker's subsequent sale or transfer to nonresidents of firearms acquired under RCW 9.41.390(2)(c) also qualify for the exemption under subsection .390(2)(c)?
For the same reason, we conclude that sales of assault weapons by pawnbrokers to nonresidents may fall within the exception under RCW 9.41.390(2)(c). Subsection .390(2)(c) exempts sales by a licensed dealer where the dealer acquires the assault weapon for the purpose of selling or transferring it to a nonresident. RCW 9.41.390(2)(c). Thus, if the pawnbroker is properly licensed and acquires an assault weapon under circumstances that satisfy RCW 9.41.390(2)(c), the pawnbroker's sale of the weapon to a nonresident could qualify for that exemption.
We note, however, that we similarly limit our analysis of this question to whether this type of transaction could fall within the scope of RCW 9.41.390(2)(c), and we do not examine the legality of this type of transaction under any other state or federal law. By its terms, RCW 9.41.390(2)(c) merely exempts sales from the prohibition in RCW 9.41.390(1). It does not serve as an exception to other laws prohibiting certain types of interstate firearm sales transactions. See Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 178 Wn.2d 571, 582, 311 P.3d 6 (2013) (exceptions to statutory provisions are narrowly construed in order to give effect to the legislative intent underlying the general provisions). Thus, pawnbrokers selling or transferring assault weapons under RCW 9.41.390(2)(c) must comply with all other applicable state and federal laws governing firearm sales or transfers to persons who do not reside in this state. Whether a particular sale to a nonresident is legally permissible is a fact-specific question that is outside the scope of this opinion.
- May the owner of an assault weapon pledged as security for a pawnbroker loan offer to sell the firearm to the pawnbroker before the loan has expired, for the purpose of selling or transferring the weapon to a person who does not reside in this state?
After the ninety-day term of a pawnbroker loan, unredeemed property becomes the property of the pawnbroker by operation of law. RCW 19.60.061(2). As noted earlier, we concluded in AGO 2023 No. 5 that when a pawnbroker acquires ownership of an assault weapon through an unredeemed pledge, the pawnbroker may not sell the firearm under RCW 9.41.390(2)(c). In that context, the pawnbroker does not acquire the assault weapon for the purpose of selling or transferring it to a nonresident. Instead, the pawnbroker initially acquires the firearm as security for a loan and subsequently obtains ownership through operation of law.
If the owner instead offers to sell the pledged assault weapon to the pawnbroker before the loan's expiration, then the transaction may fall within RCW 9.41.390(2)(c). Although the pawnbroker still initially acquires the firearm as security for a loan, the pawnbroker subsequently acquires ownership by purchasing it from the owner for the purpose of selling or transferring it to a nonresident.
Moreover, an owner's decision to sell a specific firearm with an outstanding pawnbroker pledge does not constitute the sort of volume sale excluded by subsection .390(2)(c)'s provision regarding wholesale sales. RCW 9.41.390(2)(c) states that it is "not intended to allow Washington dealers to purchase assault weapons wholesale for the purpose of selling a stock or inventory of assault weapons online or in person to nonresidents[.]" An owner's sale of a specific firearm subject to an outstanding pledge is not made on a large scale or by volume, and therefore presumptively complies with this statement of legislative intent.
We conclude that if a particular sales transaction otherwise satisfies the criteria in RCW 9.41.390(2)(c), the existence of an outstanding pawnbroker loan does not preclude the transaction from falling within RCW 9.41.390(2)(c).
We trust that the foregoing will be useful to you.
ROBERT W. FERGUSON
Attorney General
DAVID MOON
Assistant Attorney General