Gun Sales Still at a Standstill in Washington State

Local media in Washington State are finally starting to take notice of the massive infringement on the right to acquire a gun after the Second Amendment Foundation warned on Wednesday that legal action is coming if the state’s background check system isn’t brought back online “immediately”. But the Washington State Patrol, which administers the background check system, says there’s no timeline for restoring the SAFE system and resuming background checks on firearm transfers. 

The Patrol’s “Enterprise Data Repository” is among the systems affected after the Administration of Courts detected what it’s calling “unauthorized activity” earlier this month, which led to administrators taking their network offline. 

“We have no other legal work around on this issue so until the cyberattack at AOC is resolved and the system is back into full operations, we will have delays in the SAFE system as well,” Washington State Patrol spokesman Chris Loftis told The World.

Due to the outage, many background checks will extend beyond the 10-business-day wait period, Baird wrote in the email. He noted that any background checks submitted after Nov. 1 are on hold until the courts system is back online.

Once the system is restored, “the backlog of checks will process through as normal. But, until that time, we cannot make any final determinations on any checks,” he wrote.

Gun sales have come to a screeching halt throughout the state as a result of the outage, which is also impacting the ability of local law enforcement to approve concealed carry licenses. Just like the Washington State Patrol, many deparments use the Secure Automated Firearms E-Check system to run background checks on carry permit applicants, and when the state-run system is forced offline agencies like the Spokane PD are unable to move forward with processing applications.

The state’s 10-day waiting period on firearm transfers is already arguably a violation of the right to keep and bear arms, since it deprives people of the ability to acquire a gun in a timely manner when one is needed. The open-ended delays that gun owners, retailers, and gun buyers have been subjected to for the past two weeks is an even more egregious infringement, and no amount of commiserating from the State Patrol can change that fact.

Chris Loftis, State Patrol’sdirector of communications, said the cybersecurity issues have significant ramifications for buyers and dealers.

“We know they have a right to get their background check. We know they have a right to get their firearms,” he said. “But the bridge is out. That’s the reality. It’s frustrating for the customers, for the dealers and for us.”

It’s not just frustrating. For some folks it could very well be a matter of life or death. And for retailers, the delays are crippling their businesses and their ability to earn a living. 

The latest word from the Administrative Office of the Courts is that the SAFE system isn’t expected to be up and running until next week “at the earliest.” We’re about to hit the busiest (and most profitable) time of the year for firearm retailers, and there’s a distinct possibility that gun sales will still be frozen by the time Black Friday rolls around. If the doesn’t restore the system soon, some gun stores may not be able to survive the background check blackout. 

Those residents with a genuine need to purchase and possess a firearm are also at risk. Washington has a “universal” background check law in place, so even if someone who wants to protect themselves from an abusive ex or a stalker wants to borrow or buy a gun from a friend they’re placing themselves in legal jeopardy. State law allows for temporary transfers without a background check “if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred”, but only “as long as immediately necessary to prevent such imminent death or great bodily harm.” 

If someone’s breaking into home you might be able to legally borrow a gun without going to your nearest FFL and going through a background check, but if you just want a gun for protection because your abuser just got out of jail and you’re worried they’ll try to harm you, you’re out of luck. Again, the 10-day waiting period imposed by Washiington lawmakers already causes harm to those folks, but the shutdown of the SAFE system has made things exponentially worse.