SB 5735
In CommitteeSenate
Imitation firearm labeling
Establishing state standards for the labeling of imitation firearms sold inside Washington state.
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 establishes strict labeling and appearance standards for imitation firearms sold in Washington State to reduce the risk that they will be mistaken for real firearms. It bans altering imitation firearms to look more like real ones, requires specific bright colors or transparency, and adds mandatory safety warnings on packaging—with civil and criminal penalties for violations.
- Prohibits manufacturers, importers, or distributors from altering or removing required coloration or markings on imitation firearms in ways that make them look more like real firearms—this is a misdemeanor.
- Requires imitation firearms manufactured after July 1, 2005, to include a written safety advisory on packaging warning about risks of mistaken identity, dangers of altering appearance, and potential criminal liability for public display.
- Mandates that imitation firearms sold in Washington must have an entirely white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple exterior—or be made of translucent material—excluding devices with only an orange tip.
- Imposes civil fines: $1,000 for first violation, $5,000 for second, and $10,000 for third or more for failure to include the required advisory; and up to $10,000 per violation for unauthorized commercial handling of imitation firearms.
- Allows exceptions for imitation firearms used solely for export, theatrical productions, sporting events, military/civil defense activities, school ceremonies, or public displays.
Who is affected
- Manufacturers, importers, and distributors of imitation firearms — Manufacturers, importers, and distributors of imitation firearms must ensure labeling and coloration comply with state and federal rules; failure can result in criminal misdemeanor charges or civil fines up to $10,000 per violation.
- Retailers and online sellers of imitation firearms — Retailers and online sellers must ensure packaging includes required safety warnings and that products meet color/transparency requirements before sale in Washington.
- Consumers who buy or display imitation firearms — Consumers may face confusion or legal risk if they possess or display imitation firearms that look like real firearms and lack required markings or warnings.
- Law enforcement and the general public — Law enforcement officers and the public benefit from reduced risk of mistaken identity during encounters involving imitation firearms.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (3)
Requiring imitation firearms to be entirely in bright, non-realistic colors or fully translucent significantly reduces the risk that law enforcement or members of the public will mistake them for real firearms during encounters—especially critical in high-stress or rapidly evolving situations such as traffic stops or protests.
Public SafetyPeopleRef: Sec. 2(5)Prohibiting manufacturers and sellers from altering imitation firearms to look more like real weapons directly addresses a known risk: individuals modifying airsoft guns with black paint or realistic textures, which has contributed to fatal police shootings of civilians holding imitation firearms nationwide.
Public SafetyPeopleRef: Sec. 2(1)Mandatory safety warnings on packaging inform consumers—especially parents and young buyers—about legal risks of public display and the dangers of altering appearance, potentially reducing reckless behavior and accidental criminal liability.
Public SafetyPeopleRef: Sec. 2(3)(a)
Potential Concerns (3)
Civil fines up to $10,000 per violation for commercial handling of imitation firearms may impose significant compliance costs on small retailers and online sellers, especially those with thin margins or limited legal resources to navigate ambiguous compliance requirements (e.g., determining whether a product’s coloration meets the “predominant color” standard).
Business & EmploymentPeopleRef: Sec. 2(4)(a)The requirement for a written safety advisory on packaging may create confusion for consumers unfamiliar with legal definitions (e.g., “brandishing” or “criminal liability for public display”), potentially leading to unintentional violations or over-compliance (e.g., discarding otherwise compliant toys), but does not meaningfully reduce risk for most users who already treat imitation firearms with caution.
Public SafetyPeopleRef: Sec. 2(3)(a)The ban on orange-tip-only devices (even if compliant with federal standards) may force importers and small distributors to retool or reclassify products, increasing costs and potentially reducing supply—particularly for low-cost, mass-market airsoft and BB guns used in recreational shooting sports.
Business & EmploymentLean peopleRef: Sec. 2(5)
Who Is Most Affected
Small retailers and online sellers of airsoft, BB guns, and toy replicas will face new compliance burdens—including inventory reclassification, repackaging, and exposure to civil fines—even though many already follow federal labeling rules. This disproportionately affects mom-and-pop shops with limited legal resources.
Law enforcement officers and first responders benefit significantly from reduced risk of encountering individuals brandishing realistic-looking imitation firearms, lowering the chance of tragic misidentification incidents. This aligns with existing best practices in several states and federal guidance.
Families and youth who purchase imitation firearms for recreational use (e.g., airsoft, target practice) gain clearer safety guidance and reduced legal exposure, but may face higher prices or reduced product variety due to compliance costs passed through the supply chain.
Importers and large distributors of imitation firearms may absorb compliance costs more easily than small businesses, potentially consolidating market share and reducing competition—especially if they already comply with stricter federal or state standards.
The general public benefits from reduced risk of violent encounters stemming from mistaken identity, especially in contexts like school zones, parks, or during protests—where visible imitation firearms have caused panic and tragic outcomes.