Revised Code of Washington

Wash. Rev. Code § 9.41.804 (2026)

✓ current as of May 2026

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(1) To prove full compliance with the court's order to surrender firearms, dangerous weapons, and any concealed pistol license under RCW 9.41.800 the person subject to the order must file with the clerk of the court: (a) A completed proof of surrender and receipt form; (b) a declaration that the person has no firearms, dangerous weapons, or concealed pistol license; or (c) other evidence sufficient to establish full and timely compliance with the order.

(2) The verification of compliance required in subsection (1) of this section must be provided to the court within 24 hours of service of the order, unless the order is pursuant to a criminal proceeding. In a criminal proceeding, if the person subject to the order is in custody, proof of compliance must be provided to the court before the person subject to the order is released from custody; otherwise, proof of compliance must be provided before the conclusion of the sentencing hearing. If the court finds that surrender of all firearms, dangerous weapons, and any concealed pistol license is not possible prior to release or prior to the conclusion of the hearing, then arrangements for surrender shall be made and approved by the court before the person's release from custody or before the conclusion of the sentencing hearing, and the court shall order a law enforcement officer to accompany the person to the location where the firearms, dangerous weapons, and concealed pistol license are located so that they are surrendered directly to the law enforcement officer. Surrender to local law enforcement shall occur in a safe manner and proof of compliance provided by law enforcement to the court within 24 hours of either the person's release from custody or the conclusion of the sentencing hearing.

(3) By December 30, 2023, the administrative office of the courts shall develop and distribute any new or updated forms necessary to implement subsections (1) and (2) of this section, and other sections of chapter 462, Laws of 2023 where a form needs to be created or updated.

[ 2023 c 462 s 404; 2014 c 111 s 5.]

Notes:

Effective date—2014 c 111 s 5: "Section 5 of this act takes effect December 1, 2014." [ 2014 c 111 s 7.]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2018–2023 · leading case: Alexandra Braatz v. Michael Braatz, 413 P.3d 612 (Wash. Ct. App. 2018).

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Alexandra Braatz v. Michael Braatz, 413 P.3d 612 (Wash. Ct. App. 2018). · cites it 3× “RCW 9.41.804. Pursuant to RCW 9.41.802, the administrative office of the courts(AOC)developed a proof of surrender form "used to document that a respondent has complied" with an order to surrender weapons.”

Kaleena Anne Sayson, V. Adolfo Espinoza, Jr. (Wash. Ct. App. 2023). · cites it 2× “The burden of proof is on the restrained person to demonstrate, by a preponderance of the evidence, that they have surrendered all firearms and other dangerous weapons.”

State of Washington v. Claude L. Merritt (Wash. Ct. App. 2023). “at 475-76 (citing former RCW 9.41.804 (2014)). The State charged Flannery with assault, and the court entered an order prohibiting him from owning or possessing any firearms.”

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