SB 5535
In CommitteeSenate
Firearms/individual right
Concerning rights of individuals to bear arms.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill declares Washington’s constitutional right to bear arms as unimpeachable and renders void any state law that bans firearms or imposes liability on the firearms industry. It repeals the state’s assault weapon ban, public nuisance law, and related provisions, effectively legalizing previously restricted firearms and shielding manufacturers and sellers from civil lawsuits over firearm-related harms.
- Declares that the right to bear arms under the U.S. and Washington state constitutions 'shall not be impaired' and that any state law creating liability for firearms industry members or banning a particular type of firearm is 'deemed unconstitutional, void, and unenforceable.'
- Repeals the state’s assault weapon ban (RCW 9.41.390) and related consumer protection provisions (RCW 9.41.395), effectively legalizing the manufacture, import, distribution, and sale of assault weapons in Washington.
- Repeals the state’s public nuisance law (RCW 7.48.330) that allowed civil lawsuits against firearms manufacturers and sellers for harms caused by unlawful conduct in the design, marketing, or sale of firearms.
- Repeals two 2023 uncodified sections that supported the assault weapon ban and public nuisance law.
- Expands the definition of 'assault weapon' in existing law (though the ban itself is repealed), preserving the legal framework for potential future enforcement if federal law changes.
Who is affected
- Firearms industry members — Gun manufacturers, importers, distributors, and sellers in Washington State would no longer face civil liability under public nuisance laws for firearm-related harms, and certain existing restrictions on assault weapons and large-capacity magazines would be removed.
- Firearm owners and prospective buyers — Individuals who own or wish to purchase semiautomatic rifles, pistols, or shotguns with certain features (e.g., detachable magazines over 10 rounds, pistol grips, folding stocks) would no longer be subject to state-level bans on those firearms.
- Law enforcement and local governments — Law enforcement agencies and local governments would lose the ability to pursue civil lawsuits against the firearms industry under public nuisance theories, and certain evidence-gathering tools (e.g., civil investigative demands) would no longer apply to firearm industry conduct.
- Victims of gun violence and their families — Individuals who previously relied on court rulings or state laws to hold the firearms industry accountable for harms caused by certain firearm designs or marketing practices would no longer have those legal avenues available.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (3)
Reinforces constitutional protection for firearm ownership by declaring any state law impairing that right unconstitutional and void, providing legal certainty for law-abiding gun owners.
Rights & LibertiesLean peopleRef: Sec. 1 (declaration that right to bear arms 'shall not be impaired')Expands access to semiautomatic firearms with certain tactical features for individuals who meet federal licensing and background check requirements, supporting self-defense and recreational use.
Rights & LibertiesLean peopleRef: Sec. 2 (reenactment and expansion of 'assault weapon' definition but repeal of ban)Reduces legal exposure for firearms manufacturers and sellers operating in Washington, potentially encouraging local business activity and investment in the firearms industry.
Business & EmploymentRef: Sec. 4 (repeal of RCW 7.48.330)
Potential Concerns (5)
Eliminates civil liability exposure for firearms manufacturers and sellers under public nuisance theories, removing a legal tool used to hold industry actors accountable for allegedly unlawful marketing or design practices that contribute to gun violence.
Public SafetyIndustryRef: Sec. 1, Sec. 4 (repeal of RCW 7.48.330)Repeals the state’s assault weapon ban, legalizing previously restricted semiautomatic rifles and pistols with military-style features and high-capacity magazines, potentially increasing availability of firearms associated with mass shooting incidents.
Public SafetyIndustryRef: Sec. 1, Sec. 2 (reenactment and expansion of 'assault weapon' definition but repeal of ban in RCW 9.41.390)Removes a statutory basis for victims of gun violence to seek civil redress against the firearms industry for harms allegedly caused by deceptive marketing or unsafe product design, limiting access to justice for affected individuals.
Rights & LibertiesPeopleRef: Sec. 4 (repeal of RCW 7.48.330)Repeals consumer protection provisions that allowed the state to investigate and prosecute deceptive or unfair practices in the sale or marketing of assault weapons, reducing state enforcement capacity in this domain.
consumer protectionRef: Sec. 2 (repeal of RCW 9.41.395, Consumer Protection Act provisions related to assault weapons)Removes state-level enforcement responsibilities for assault weapon bans, reducing administrative and investigative burdens on law enforcement but potentially increasing response costs for incidents involving newly legal firearms.
Local GovernmentRef: Sec. 2 (repeal of RCW 9.41.390 and related uncodified sections)
Who Is Most Affected
Gun manufacturers and distributors benefit from reduced liability exposure and removal of sales restrictions on previously banned firearms, increasing market access and legal certainty.
Gun owners who seek to purchase or use semiautomatic rifles, pistols, or shotguns with military-style features gain legal access to previously restricted firearms, enhancing their ability to exercise Second Amendment rights.
Law enforcement loses a key legal tool to investigate and sue the firearms industry for public nuisance, limiting ability to hold industry accountable for harmful practices and reducing access to civil investigative demands.
Victims of gun violence lose a statutory pathway to hold manufacturers or sellers civilly liable for harms resulting from allegedly unlawful marketing or design, reducing legal recourse and potential compensation.
Local governments may experience lower enforcement costs related to assault weapon bans but could face increased long-term public safety and health expenditures due to higher availability of high-capacity firearms.