AN ACT
Relating to eligibility for a concealed weapon permit; amending RCW 9.41.070,
9.41.040, and 71.05.240; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.41.070 and 1990 c 195 s 6 are each amended to read as follows:
(1)
The judge of a court of record, the chief of police of a municipality, or the
sheriff of a county, shall within thirty days after the filing of an
application of any person issue a license to such person to carry a pistol
concealed on his or her person within this state for four years from date of
issue, for the purposes of protection or while engaged in business, sport, or
while traveling. However, if the applicant does not have a valid permanent
Washington driver's license or Washington state identification card or has not
been a resident of the state for the previous consecutive ninety days, the
issuing authority shall have up to sixty days after the filing of the
application to issue a license. Such applicant's constitutional right to bear
arms shall not be denied ((to him)), unless he or she:
(a) Is
ineligible to own a pistol under the provisions of RCW 9.41.040; or
(b) Is
under twenty‑one years of age; or
(c) Is
subject to a court order or injunction regarding firearms pursuant to RCW
10.99.040, 10.99.045, or 26.09.060; or
(d) Is
free on bond or personal recognizance pending trial, appeal, or sentencing for
a crime of violence; or
(e)
Has an outstanding warrant for his or her arrest from any court of competent
jurisdiction for a felony or misdemeanor; or
(f)
Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year
before filing an application to carry a pistol concealed on his or her
person; or
(g)
Has been convicted of any of the following offenses: Assault in the third
degree, indecent liberties, malicious mischief in the first degree, possession
of stolen property in the first or second degree, or theft in the first or
second degree. Any person who becomes ineligible for a concealed pistol permit
as a result of a conviction for a crime listed in this subsection (1)(g) and
then successfully completes all terms of his or her sentence, as evidenced by a
certificate of discharge issued under RCW 9.94A.220 in the case of a sentence
under chapter 9.94A RCW, and has not again been convicted of any crime and is
not under indictment for any crime, may, one year or longer after such
successful sentence completion, petition the district court for a declaration
that the person is no longer ineligible for a concealed pistol permit under
this subsection (1)(g).
(2)
Any person whose firearms rights have been restricted and who has been granted
relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec.
925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her
right to acquire, receive, transfer, ship, transport, carry, and possess
firearms in accordance with Washington state law restored.
(3)
The license shall be revoked by the issuing authority immediately upon
conviction of a crime which makes such a person ineligible to own a pistol or
upon the third conviction for a violation of this chapter within five calendar
years.
(((2)))
(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the ((license))
issuing authority shall:
(a) On
the first forfeiture, ((be revoked by the department of licensing)) revoke
the license for one year;
(b) On
the second forfeiture, ((be revoked by the department of licensing)) revoke
the license for two years;
(c) On
the third or subsequent forfeiture, ((be revoked by the department of
licensing)) revoke the license for five years.
Any person
whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d)
may not reapply for a new license until the end of the revocation period. The
issuing authority shall notify, in writing, the department of licensing upon
revocation of a license. The department of licensing shall record the
revocation.
(5)
The license shall be in triplicate, in form to be prescribed by the department
of licensing, and shall bear the name, address, and description, fingerprints,
and signature of the licensee, and the licensee's driver's license number or
state identification card number if used for identification in applying for the
license. The license application shall contain a warning substantially as
follows:
CAUTION: Although state and local laws do not differ,
federal law and state law on the possession of firearms differ. If you are
prohibited by federal law from possessing a firearm, you may be prosecuted in
federal court. A state license is not a defense to a federal prosecution.
The
license application shall contain a description of the major differences
between state and federal law and an explanation of the fact that local laws
and ordinances on firearms are preempted by state law and must be consistent
with state law. The application shall contain questions about the applicant's
place of birth, whether the applicant is a United States citizen, and if not a
citizen whether the applicant has declared the intent to become a citizen and
whether he or she has been required to register with the state or federal
government and any identification or registration number, if applicable. The
applicant shall not be required to produce a birth certificate or other
evidence of citizenship. An applicant who is not a citizen shall provide documentation
showing resident alien status and the applicant's intent to become a citizen.
A person who makes a false statement regarding citizenship on the application
is guilty of a misdemeanor. A person who is not a citizen of the United States,
or has not declared his or her intention to become a citizen shall meet the
additional requirements of RCW 9.41.170.
The
original thereof shall be delivered to the licensee, the duplicate shall within
seven days be sent by registered mail to the director of licensing and the
triplicate shall be preserved for six years, by the authority issuing said
license.
(((3)))
(6) The fee for the original issuance of a four‑year license shall
be twenty‑three dollars: PROVIDED, That no other additional charges by
any branch or unit of government shall be borne by the applicant for the
issuance of the license: PROVIDED FURTHER, That the fee shall be distributed
as follows:
(a)
Four dollars shall be paid to the state general fund;
(b)
Four dollars shall be paid to the agency taking the fingerprints of the person
licensed;
(c)
Twelve dollars shall be paid to the issuing authority for the purpose of
enforcing this chapter; and
(d)
Three dollars to the firearms range account in the general fund.
(((4)))
(7) The fee for the renewal of such license shall be fifteen dollars:
PROVIDED, That no other additional charges by any branch or unit of government
shall be borne by the applicant for the renewal of the license: PROVIDED
FURTHER, That the fee shall be distributed as follows:
(a)
Four dollars shall be paid to the state general fund;
(b)
Eight dollars shall be paid to the issuing authority for the purpose of
enforcing this chapter; and
(c)
Three dollars to the firearms range account in the general fund.
(((5)))
(8) Payment shall be by cash, check, or money order at the option of the
applicant. Additional methods of payment may be allowed at the option of the
issuing authority.
(((6)))
(9) A licensee may renew a license if the licensee applies for renewal
within ninety days before or after the expiration date of the license. A
license so renewed shall take effect on the expiration date of the prior
license. A licensee renewing after the expiration date of the license must pay
a late renewal penalty of ten dollars in addition to the renewal fee specified
in subsection (((4))) (7) of this section. The fee shall be
distributed as follows:
(a)
Three dollars shall be deposited in the state wildlife fund and used
exclusively for the printing and distribution of a pamphlet on the legal limits
of the use of firearms, firearms safety, and the preemptive nature of state
law. The pamphlet shall be given to each applicant for a license; and
(b)
Seven dollars shall be paid to the issuing authority for the purpose of
enforcing this chapter.
(((7)))
(10) Notwithstanding the requirements of subsections (1) through (((6)))
(9) of this section, the chief of police of the municipality or the
sheriff of the county of the applicant's residence may issue a temporary
emergency license for good cause pending review under subsection (1) of this
section.
(((8)))
(11) A political subdivision of the state shall not modify the
requirements of this section or chapter, nor may a political subdivision ask
the applicant to voluntarily submit any information not required by this
section. A civil suit may be brought to enjoin a wrongful refusal to issue a
license or a wrongful modification of the requirements of this section or
chapter. The civil suit may be brought in the county in which the application was
made or in Thurston county at the discretion of the petitioner. Any person who
prevails against a public agency in any action in the courts for a violation of
this chapter shall be awarded costs, including reasonable attorneys' fees,
incurred in connection with such legal action.
Sec.
2. RCW
9.41.040 and 1983 c 232 s 2 are each amended to read as follows:
(1) A
person is guilty of the crime of unlawful possession of a short firearm or
pistol, if, having previously been convicted in this state or elsewhere of a
crime of violence or of a felony in which a firearm was used or displayed, the
person owns or has in his possession any short firearm or pistol.
(2)
Unlawful possession of a short firearm or pistol shall be punished as a class C
felony under chapter 9A.20 RCW.
(3) As
used in this section, a person has been "convicted" at such time as a
plea of guilty has been accepted or a verdict of guilty has been filed,
notwithstanding the pendency of any future proceedings including but not
limited to sentencing, post-trial motions, and appeals. A person shall not be
precluded from possession if the conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent procedure based
on a finding of the rehabilitation of the person convicted or the conviction
has been the subject of a pardon, annulment, or other equivalent procedure
based on a finding of innocence.
(4)
Except as provided in subsection (5) of this section, a person is guilty of the
crime of unlawful possession of a short firearm or pistol if, after having been
convicted of any felony violation of the uniform controlled substances act,
chapter 69.50 RCW, or equivalent statutes of another jurisdiction, ((or
after any period of confinement under RCW 71.05.320 or an equivalent statute of
another jurisdiction, or following a record of commitment pursuant to chapter
10.77 RCW or equivalent statutes of another jurisdiction, he)) the
person owns or has in his or her possession or under his or her
control any short firearm or pistol.
(5)
Notwithstanding subsection (1) of this section, a person convicted of an
offense other than murder, manslaughter, robbery, rape, indecent liberties,
arson, assault, kidnapping, extortion, burglary, or violations with respect to
controlled substances under RCW 69.50.401(a) and 69.50.410, who received a
probationary sentence under RCW 9.95.200, and who received a dismissal of the
charge under RCW 9.95.240, shall not be precluded from ownership, possession,
or control of a firearm as a result of the conviction.
(6)(a)
A person who has been committed by court order for treatment of mental illness
under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another
jurisdiction, may not possess, in any manner, a firearm as defined in RCW
9.41.010.
(b)
At the time of commitment, the court shall specifically state to the person
under (a) of this subsection and give the person notice in writing that the
person is barred from possession of firearms.
(c)
The secretary of social and health services shall develop appropriate rules to
create an approval process under this subsection. The rules must provide for
the immediate restoration of the right to possess a firearm upon a showing in a
court of competent jurisdiction that a person no longer is required to
participate in an inpatient or outpatient treatment program, and is no longer
required to take medication to treat any condition related to the commitment.
Unlawful possession of a firearm under this subsection shall be punished as a
class C felony under chapter 9A.20 RCW.
Sec.
3. RCW
71.05.240 and 1987 c 439 s 5 are each amended to read as follows:
If a
petition is filed for fourteen day involuntary treatment or ninety days of less
restrictive alternative treatment, the court shall hold a probable cause
hearing within seventy-two hours of the initial detention of such person as
determined in RCW 71.05.180, as now or hereafter amended. If requested by the
detained person or his or her attorney, the hearing may be postponed for a
period not to exceed forty-eight hours. The hearing may also be continued
subject to the conditions set forth in RCW 71.05.210 or subject to the
petitioner's showing of good cause for a period not to exceed twenty-four
hours.
At the
conclusion of the probable cause hearing, if the court finds by a preponderance
of the evidence that such person, as the result of mental disorder, presents a
likelihood of serious harm to others or himself or herself, or is gravely
disabled, and, after considering less restrictive alternatives to involuntary
detention and treatment, finds that no such alternatives are in the best
interests of such person or others, the court shall order that such person be
detained for involuntary treatment not to exceed fourteen days in a facility
certified to provide treatment by the department of social and health
services. If the court finds that such person, as the result of a mental
disorder, presents a likelihood of serious harm to others or himself or
herself, or is gravely disabled, but that treatment in a less restrictive
setting than detention is in the best interest of such person or others, the
court shall order an appropriate less restrictive course of treatment for not
to exceed ninety days.
The
court shall specifically state to such person and give such person notice in
writing that if involuntary treatment beyond the fourteen day period or beyond
the ninety days of less restrictive treatment is to be sought, such person will
have the right to a full hearing or jury trial as required by RCW 71.05.310. The
court shall also provide written notice that the person is barred from the
possession of firearms.
NEW
SECTION. Sec. 4. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
