Washington's Supreme Court Vote Could Decide HB 1163's Legal Fate
Washington voters decide on November 3 whether the state Supreme Court keeps its current liberal majority or moves toward independent justices who will hear challenges to House Bill 1163. Democrats passed the permit-to-purchase law over unified Republican opposition. It takes effect May 1, 2027. Gun rights groups, conservatives, and a share of independent voters are backing a slate of candidates who would give the nine-seat court at least five justices committed to applying the constitution as written. The outcome determines whether lawsuits against the law get a serious hearing or a predictable loss. Challengers plan to argue under Article I, Section 24 of the Washington constitution and the Second Amendment.
Key Details
The numbers attached to this law matter as much as the legal theory. Ammoland News reported in September that the purchase permit alone costs at least $126. That figure excludes the mandatory training course required before a buyer qualifies for the permit. Training fees could add several hundred dollars more. A gun owner who wants a single handgun could pay well over $500 before the transaction even begins.
- Bill: House Bill 1163, a permit-to-purchase law
- Effective date: May 1, 2027
- Permit cost: at least $126, per Ammoland News (September 11)
- Training: mandatory, with fees that could reach several hundred dollars
- Vote: Washington Supreme Court races, November 3
- Court composition sought: at least five independent justices on a nine-member court
Critics argue that a permit requirement and a paid training prerequisite amount to prior restraint. They say the state constitution gives no hint that the right to bear arms depends on a permit or a course. The state constitution was adopted on November 1, 1889, and says the right of the individual citizen to bear arms in defense of himself or the state "shall not be impaired."
Background
The Second Amendment reached the states through McDonald v. City of Chicago in 2010. The Supreme Court held that the right to keep and bear arms applies against state and local governments. The Second Amendment Foundation brought that case, and the group is based in Bellevue, Washington. That history gives Washington gun owners a direct stake in the federal doctrine, even as state courts decide most first-line challenges.
The Supreme Court tightened the federal test in New York State Rifle & Pistol Association v. Bruen in 2022. Under Bruen, the government must show that a firearm regulation fits within the nation's historical tradition of firearm regulation. Vague public safety claims no longer carry the day. Permit schemes that gate a constitutional right have faced close scrutiny under that framework, particularly those with discretionary or costly preconditions.
Washington's Supreme Court has nine justices who win seats in nonpartisan judicial elections. Voters choose candidates on the ballot without party labels. That structure means the court's ideology can shift one seat at a time, and judicial races carry little public attention. Gun owners have learned that a state constitutional guarantee means little when the judges reading it lean hard against it.
Why It Matters for Gun Owners
Every Washington resident who wants to buy a firearm will feel HB 1163 once it takes effect. The permit adds a waiting period in practice, a training requirement, and a fee stack before anyone can complete a purchase. Retirees on fixed incomes, single parents, and rural residents far from training ranges will carry the heaviest burden. A fee that looks small on paper becomes a barrier when the training course requires travel, time off work, and a second payment.
The law also sets a precedent for future legislation. Washington's legislature has spent several years building a record of restrictions, and the permit system is the first major test case that will reach the courts. If the state Supreme Court upholds it, lawmakers will treat that ruling as a green light for the next package. Gun owners in neighboring states should watch closely, because Washington courts often influence how other Democratic-led legislatures design their own restrictions.
Practically, Washington residents should confirm their voter registration and cast ballots before November 3 if they have not already voted. Gun owners should also track the lawsuits that follow the bill's passage. Document every cost you pay to obtain a permit or complete training. Those receipts become evidence of burden in both state and federal court.
DownRange Analysis
The honest picture is blunt. A state Supreme Court that rubber-stamps every gun control law makes state constitutional litigation a waste of money. Challengers can win on paper and lose in practice if the bench treats Article I, Section 24 as decorative. Electing justices who take the text seriously does not guarantee a win, but it gives the case a real chance to be argued on its merits.
Under Bruen, the permit-plus-training model looks vulnerable. The state will need to point to historical analogues for requiring a paid course before a citizen may buy a firearm. Those analogues are thin. Expect the state to lean on the claim that the training is a safety measure, which is the argument that Bruen made harder to sustain.
What should a Washington gun owner do right now? Vote in the November 3 race and push friends to vote. Keep records of every dollar spent on the permit and training. Join or support the litigation groups that are preparing challenges. Do not assume the courts will rescue you, and do not stop fighting if the election goes the wrong way.
