H-1742.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1976

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Scott, Riley and Anderson)

Read first time 02/22/93.

Requiring firearms dealers to offer trigger-locking devices.

          AN ACT Relating to trigger-locking devices; reenacting and amending RCW 9.41.010; adding a new section to chapter 9.41 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9.41 RCW to read as follows:

          (1) No licensed firearms dealer shall sell a handgun unless the dealer (a) offers to sell the purchaser a trigger-locking device, (b) explains the operation of the trigger-locking device, and (c) has had the purchaser initial the purchaser's application form required by RCW 9.41.090(4) that he or she does understand that there are trigger-locking devices available for purchase.

          (2) This section shall not apply to sales of handguns:

          (a) To a licensed firearms dealer for bona fide resale in the ordinary course of business; or

          (b) To an official government law enforcement or armed services agency.

          (3) A first violation of this section shall result in a civil penalty of one hundred dollars.  A second violation shall result in a civil penalty of two hundred dollars.  A subsequent violation shall result in a thirty-day suspension of the dealer's license.

          (4) For the purposes of this section:

          (a) "Licensed firearms dealer" means a person licensed to sell firearms pursuant to RCW 9.41.110.

          (b) "Trigger-locking device" means a padlock, key lock, combination lock, or similar locking device which, when the device is locked on, around, or in the firearm, renders the firearm incapable of firing.

        Sec. 2.  RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:

          (1) "Short firearm," ((or)) "pistol," or "handgun" as used in this chapter means any firearm with a barrel less than twelve inches in length.

          (2) "Crime of violence" as used in this chapter means:

          (a) Any of the following felonies, as now existing or hereafter amended:  Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;

          (b) Any conviction or adjudication for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in subsection (2)(a) of this section; and

          (c) Any federal or out-of-state conviction or adjudication for an offense comparable to a felony classified as a crime of violence under subsection (2) (a) or (b) of this section.

          (3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

          (4) "Commercial seller" as used in this chapter means a person who has a federal firearms license.

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