H-0316.1

HOUSE BILL 1132

ByRepresentatives Farivar, Ormsby, and Ryu

AN ACT Relating to enhancing public safety by limiting bulk purchases and transfers of firearms and ammunition; amending RCW 7.80.120; adding a new section to chapter 9.41 RCW; and prescribing penalties.

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

Sec. 1. RCW 7.80.120 and 2024 c 286 s 2 are each amended to read as follows:

(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.

(a) The maximum penalty and the default amount for a class 1 civil infraction shall be $250, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified in RCW 70A.200.060(((4)))(5), in which case the maximum penalty and default amount is $500; or (ii) a person's refusal to submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700, in which case the maximum penalty and default amount is $1,000; or (iii) the misrepresentation of service animals under RCW 49.60.214, in which case the maximum penalty and default amount is $500; or (iv) untraceable firearms pursuant to RCW 9.41.326 or unfinished frames or receivers pursuant to RCW 9.41.327, in which case the maximum penalty and default amount is $500; or (v) the failure to report the loss or theft of a firearm under RCW 9.41.368, in which case the maximum penalty and default amount is $1,000; or (vi) bulk delivery of firearms or ammunition under section 2 of this act, in which case the maximum penalty and default amount is $500;

(b) The maximum penalty and the default amount for a class 2 civil infraction shall be $125, not including statutory assessments;

(c) The maximum penalty and the default amount for a class 3 civil infraction shall be $50, not including statutory assessments; and

(d) The maximum penalty and the default amount for a class 4 civil infraction shall be $25, not including statutory assessments.

(2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.

(3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

(4) The court may also order a person found to have committed a civil infraction to make restitution.

NEW SECTION.  Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:

(1)(a) A dealer may not deliver more than one firearm to a purchaser or transferee within any 30-day period.

(b) A dealer may not deliver more than 100 rounds of .50 caliber ammunition or more than 1,000 rounds of any other caliber of ammunition to a purchaser or transferee within any 30-day period.

(2) Subsection (1) of this section does not apply to any of the following:

(a) Any general authority Washington law enforcement agency or limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020;

(b) Any correctional facility as defined in RCW 72.09.015;

(c) Any private security company as defined in RCW 18.170.010;

(d) Any federal peace officer, general authority Washington peace officer, or limited authority Washington peace officer who as a normal part of the officer's duties has arrest powers and carries a firearm, as those terms are defined in RCW 10.93.020, and is obtaining firearms or ammunition for law enforcement purposes;

(e) The criminal justice training commission;

(f) Any federal firearms dealer, federal firearms importer, or dealer, as those terms are defined in RCW 9.41.010, who is obtaining firearms or ammunition for resale;

(g) Any person who may, pursuant to RCW 9.41.113(4), claim an exemption from the background check requirements of RCW 9.41.113;

(h) The exchange of a firearm where the dealer sold that firearm to the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement;

(i) The return of any firearm to its owner;

(j) The receipt of firearms by a person who acquires possession of the firearms by operation of law upon the death of the former owner who was in legal possession of the firearms, provided the person in possession of the firearms can establish such provenance. Receipt under this subsection is not "distribution" under this chapter;

(k) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms;

(l) Any private party transaction where the seller is any of the following:

(i) The personal representative of a decedent's estate who is transferring the firearm to one or more heirs or beneficiaries of the decedent's estate pursuant to the decedent's will or the laws of intestate succession;

(ii) The holder of the decedent's property who is transferring the firearms pursuant to RCW 11.62.010 to the successor of the decedent, as defined in RCW 11.62.005, or the surviving spouse of the decedent pursuant to RCW 11.04.015; or

(iii) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust; or

(m) Any person who is a licensed collector as defined in 18 U.S.C. Sec. 921 and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued by the department of justice.

(3)(a) Any person who violates this section commits a class 1 civil infraction and shall be assessed a monetary penalty of $500.

(b) If a person previously has been found to have violated this section, then the person is guilty of a misdemeanor punishable under chapter 9A.20 RCW for a subsequent violation of this section.

(c) If a person previously has been found to have violated this section two or more times, then the person is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW for each subsequent violation of this section.

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