Wash. Rev. Code » Title 9 · Chapter 9.41
Revised Code of Washington

Wash. Rev. Code § 9.41.098 (2026)

✓ current as of May 2026
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(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;
(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 RCW or committed for mental health treatment under chapter 71.05 RCW;
(h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in this section that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210.
(c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, firearms, and explosives are exempt from destruction and shall be disposed of by auction or trade to licensed dealers or to museums or historical societies. For the purposes of this subsection (2)(c), "museum or historical society" means the same as in RCW 63.26.010 and is designated as a nonprofit organization under section 501(c)(3) of the internal revenue code.
(d) Firearms in the possession of the Washington state patrol that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers or destroyed, except as provided in (c) of this subsection. The Washington state patrol may retain any proceeds of an auction or trade.
(e)(i) Any firearms in the possession of a state or local government entity or law enforcement agency that are obtained through a firearm buy-back program conducted by the entity or agency must be destroyed except as provided in (e)(ii) or (c) of this subsection.
(ii) A state or local government entity or law enforcement agency conducting a firearm buy-back program shall establish procedures for: Returning relinquished firearms that are determined to be stolen to the rightful owners of the firearms; and determining whether any relinquished firearms have been used in the commission of a crime and retaining and storing such firearms until no longer needed for law enforcement investigation or evidence purposes.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
(5) For purposes of this section, "destroy" means the melting or shredding of all parts of a firearm that were attached to the firearm at the time the firearm came into the possession of the state or local government entity or law enforcement agency, including, but not limited to, the frame or receiver, barrel, bolt, and grip, as applicable, and any accessories or attachments including, but not limited to, any sight, scope, silencer, or suppressor, as applicable.
[ 2024 c 287 s 1; 2016 sp.s. c 29 s 281; 2003 c 39 s 5; 1996 c 295 s 10; 1994 sp.s. c 7 s 414; 1993 c 243 s 1; 1989 c 222 s 8; 1988 c 223 s 2. Prior: 1987 c 506 s 91; 1987 c 373 s 7; 1986 c 153 s 1; 1983 c 232 s 6.]

Notes:

Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Effective date—1993 c 243: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 7, 1993]." [ 1993 c 243 s 2.]
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1983 c 232: See note following RCW 9.41.010.
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 1986–2025 · leading case: Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996).
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Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996). · cites it 7× “1 Barlindal removed the action to superior court; 2 the City responded, contending it was entitled to forfeiture of the items under RCW 9.41.098 and the UCSA. In the forfeiture proceeding, the trial court excluded any evidence of drugs or firearms being present at the time of…”
Morris v. Blaker, 821 P.2d 482 (Wash. 1992). · cites it 2× “RCW 9.41.098(1) authorizes superior courts and courts of limited jurisdiction to order a forfeiture of any firearm (e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.”
State v. Brower, 721 P.2d 12 (Wash. Ct. App. 1986). · cites it 3× “45 caliber handgun under RCW 9.41.098. In his pro se brief, Mr. Brower asserts his right to remain silent was violated when the State cross-examined him concerning the omission of certain specific facts in his postarrest statement to police, and his attorney ineffectively…”
State Of Washington, V. Marcus A. Eller, 541 P.3d 1001 (Wash. Ct. App. 2024). · cites it 3× “The judgment and sentence also required Eller to “[f]orfeit all seized property subject to forfeiture under RCW 9.41.098 or RCW 69.50.505 to the originating law enforcement agency unless otherwise noted.”
State v. Nusbaum, 107 P.3d 768 (Wash. Ct. App. 2005). · cites it 4× “The court also ruled that *771 because the firearms were inside his home and he was arrested "on the steps" of his house, Nusbaum possessed and controlled the weapons for purposes of RCW 9.41.098. [2] CP at 20. ANALYSIS ¶ 9 Nusbaum contends that the search warrant violated the…”
State v. Nusbaum, 126 Wash. App. 160 (Wash. Ct. App. 2005). · cites it 3× “The court also ruled that because the firearms were inside his home and he was arrested “on the steps” of his house, Nusbaum possessed and controlled the weapons for purposes of RCW 9.41.098. 3 CP at 20. ANALYSIS ¶9 Nusbaum contends that the search warrant violated the fourth…”
State v. Owens, 324 P.3d 757 (Wash. Ct. App. 2014). “The district court sentenced Owens and, pursuant to RCW 9.41.098, entered an order forfeiting the rifle Owens carried during *852 the incident.”
State v. Thein, 957 P.2d 1261 (Wash. Ct. App. 1998). “manufacture, sale, barter, exchange, furnishing or otherwise disposing of said controlled substances; evidence of ownership to such property or rights of ownership or control of said property; narcotics records including any notebooks or written instruments associated with the…”
State v. Cramm, 56 P.3d 999 (Wash. Ct. App. 2002). · cites it 8× “After Cramm pleaded guilty to possession of marijuana with the intent to deliver and possession of psilocybin, the State moved for forfeiture of the guns pursuant to RCW 9.41.098. At a forfeiture hearing, Cramm asked the court to release to family members five guns having…”
State Of Washington, V. Michiel Glen Oakes (Wash. Ct. App. 2025). · cites it 8× “8 of the Judgment and Sentence and RCW 9.41.098: (1) H&K 9mm Pistol (2) 2 magazines/16 9mm rounds (3) Browning .”
State Of Washington v. Andrew Forrest (Wash. Ct. App. 2020). · cites it 3× “The court also checked the box on Forrest’s judgment and sentence that stated “FORFEITURE—Forfeit all seized property subject to forfeiture under RCW 9.41.098 or RCW 69.50.505.” CP at 103.”
State Of Washington v. Hans Eric Hansen (Wash. Ct. App. 2017). · cites it 2× “" RCW 9.41.098(1)(d). Hansen first argues that the court must return the firearms to his wife because she is an owner of the firearms who had no knowledge of nor consented to his crimes.”
Show all 18 citing cases →
— Wash. Rev. Code § 9.41.098(1) — 4 cases
Morris v. Blaker, 821 P.2d 482 (Wash. 1992). “RCW 9.41.098(1) authorizes superior courts and courts of limited jurisdiction to order a forfeiture of any firearm (e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.”
Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996). “1 Barlindal removed the action to superior court; 2 the City responded, contending it was entitled to forfeiture of the items under RCW 9.41.098 and the UCSA. In the forfeiture proceeding, the trial court excluded any evidence of drugs or firearms being present at the time of…”
State v. Brower, 721 P.2d 12 (Wash. Ct. App. 1986). “45 caliber handgun under RCW 9.41.098. In his pro se brief, Mr. Brower asserts his right to remain silent was violated when the State cross-examined him concerning the omission of certain specific facts in his postarrest statement to police, and his attorney ineffectively…”
State v. Cramm, 56 P.3d 999 (Wash. Ct. App. 2002). “After Cramm pleaded guilty to possession of marijuana with the intent to deliver and possession of psilocybin, the State moved for forfeiture of the guns pursuant to RCW 9.41.098. At a forfeiture hearing, Cramm asked the court to release to family members five guns having…”
— Wash. Rev. Code § 9.41.098(1)(d) — 2 cases
State v. Nusbaum, 107 P.3d 768 (Wash. Ct. App. 2005). “The court also ruled that *771 because the firearms were inside his home and he was arrested "on the steps" of his house, Nusbaum possessed and controlled the weapons for purposes of RCW 9.41.098. [2] CP at 20. ANALYSIS ¶ 9 Nusbaum contends that the search warrant violated the…”
State Of Washington v. Hans Eric Hansen (Wash. Ct. App. 2017). “" RCW 9.41.098(1)(d). Hansen first argues that the court must return the firearms to his wife because she is an owner of the firearms who had no knowledge of nor consented to his crimes.”
— Wash. Rev. Code § 9.41.098(2) — 2 cases
Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996). “1 Barlindal removed the action to superior court; 2 the City responded, contending it was entitled to forfeiture of the items under RCW 9.41.098 and the UCSA. In the forfeiture proceeding, the trial court excluded any evidence of drugs or firearms being present at the time of…”
State of Washington v. Tim McManis, 565 P.3d 577 (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9.41.098(3) — 3 cases
Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996). “1 Barlindal removed the action to superior court; 2 the City responded, contending it was entitled to forfeiture of the items under RCW 9.41.098 and the UCSA. In the forfeiture proceeding, the trial court excluded any evidence of drugs or firearms being present at the time of…”
State Of Washington v. Jamie Allen Walls (Wash. Ct. App. 2019).
State Of Washington v. Hans Eric Hansen (Wash. Ct. App. 2017). “" RCW 9.41.098(1)(d). Hansen first argues that the court must return the firearms to his wife because she is an owner of the firearms who had no knowledge of nor consented to his crimes.”
— Wash. Rev. Code § 9.41.098(4) — 1 case
Barlindal v. City of Bonney Lake, 925 P.2d 1289 (Wash. Ct. App. 1996). “1 Barlindal removed the action to superior court; 2 the City responded, contending it was entitled to forfeiture of the items under RCW 9.41.098 and the UCSA. In the forfeiture proceeding, the trial court excluded any evidence of drugs or firearms being present at the time of…”
— Wash. Rev. Code § 9.41.098(c) — 1 case
State v. Thein, 957 P.2d 1261 (Wash. Ct. App. 1998). “manufacture, sale, barter, exchange, furnishing or otherwise disposing of said controlled substances; evidence of ownership to such property or rights of ownership or control of said property; narcotics records including any notebooks or written instruments associated with the…”
— Wash. Rev. Code § 9.41.098(e) — 1 case
Vick v. Hernandez (W.D. Wash. 2024).
— Wash. Rev. Code § 9.41.098(l)(c) — 2 cases
State v. Brower, 721 P.2d 12 (Wash. Ct. App. 1986). “45 caliber handgun under RCW 9.41.098. In his pro se brief, Mr. Brower asserts his right to remain silent was violated when the State cross-examined him concerning the omission of certain specific facts in his postarrest statement to police, and his attorney ineffectively…”
State v. Cramm, 56 P.3d 999 (Wash. Ct. App. 2002). “After Cramm pleaded guilty to possession of marijuana with the intent to deliver and possession of psilocybin, the State moved for forfeiture of the guns pursuant to RCW 9.41.098. At a forfeiture hearing, Cramm asked the court to release to family members five guns having…”
— Wash. Rev. Code § 9.41.098(l)(d) — 3 cases
Morris v. Blaker, 821 P.2d 482 (Wash. 1992). “RCW 9.41.098(1) authorizes superior courts and courts of limited jurisdiction to order a forfeiture of any firearm (e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.”
State v. Nusbaum, 126 Wash. App. 160 (Wash. Ct. App. 2005). “The court also ruled that because the firearms were inside his home and he was arrested “on the steps” of his house, Nusbaum possessed and controlled the weapons for purposes of RCW 9.41.098. 3 CP at 20. ANALYSIS ¶9 Nusbaum contends that the search warrant violated the fourth…”
State v. Cramm, 56 P.3d 999 (Wash. Ct. App. 2002). “After Cramm pleaded guilty to possession of marijuana with the intent to deliver and possession of psilocybin, the State moved for forfeiture of the guns pursuant to RCW 9.41.098. At a forfeiture hearing, Cramm asked the court to release to family members five guns having…”
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