BP BHEAD INT H

AN ACT Relating to semiautomatic assault weapons; reenacting and amending RCW 9.41.010; adding new sections to chapter 9.41 RCW; and prescribing penalties.

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

Sec. 1. 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:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Short firearm" or "pistol" ((~~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) "Semiautomatic assault weapon" means:

(a) Any of the firearms or types, replicas, or duplicates in any caliber of the firearms known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs, all models;

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; and

(ix) Any shotgun that contains its ammunition in a revolving cylinder, such as, but not limited to, the Street Sweeper and Striker 12;

(b) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A bayonet mount;

(iv) A flash suppressor or barrel having a threaded muzzle; and

(v) A grenade launcher;

(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) A barrel having a threaded muzzle;

(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded; and

(v) A semiautomatic version of an automatic firearm; and

(d) A semiautomatic shotgun that has at least two of:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A fixed magazine capacity in excess of five rounds; and

(iv) An ability to accept a detachable magazine.

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

NEW SECTION. Sec. 2. (1) It is unlawful for any person to manufacture, sell, deliver, buy, own, or possess a semiautomatic assault weapon. A violation of this section is a class C felony.

(2) This section does not apply to:

(a) A law enforcement officer while engaged in official duties;

(b) A member of the armed forces of the United States or the state of Washington, while engaged in official duties; or

(c) Any person, including an employee of such person, who is exempt from or licensed under the National Firearms Act (26 U.S.C. Sec. 5801 et seq.), and while engaged in the production, manufacture, repair, or testing of weapons or equipment.

NEW SECTION. Sec. 3. Any person voluntarily surrendering a semiautomatic assault weapon to the chief of police or county sheriff in the city or county of the person's residence within ninety days of the effective date of this act is immune from prosecution for possessing the semiautomatic assault weapon.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 9.41 RCW.