AN ACT Relating to firearms; amending RCW 9.94.043, 10.99.040, 10.99.045, 26.09.060, and 46.09.130; creating a new section; and repealing RCW 9.41.050, 9.41.060, 9.41.070, 9.41.090, 9.41.093, 9.41.095, 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.120, and 9.41.130.

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

NEW SECTION. Sec. 1. The Washington state legislature finds that the constitutional right to keep and bear arms is a fundamental freedom which should be protected, nurtured, and expanded. The legislature also finds that the founding fathers of our state and country very much wanted to have firearms in the hands of ordinary citizens as a means of protecting freedom and deterring potential despots from undermining our constitutional republic by force.

Quotes from the founding fathers clearly support the foregoing legislative findings. For example, George Washington said, "Firearms stand next in importance to the constitution itself . . . From the hour the pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms anywhere and everywhere restrains evil influence‑-they deserve a place of honor with all that's good . . ." Thomas Jefferson said, "No free man shall ever be debarred the use of arms." Patrick Henry stated, "The great object is that every man be armed!sc ,1.!sc ,1.!sc ,1. Everyone who is able may have a gun."

Clearly, the founding fathers realized that firearms in the hands of ordinary citizens would, on occasion, result in sad consequences, such as the death of an innocent person through criminal behavior or a tragic accident. However, the founding fathers also knew that these relatively few deaths would be far more than offset by the many lives saved as a result of firearms helping to preserve freedom. They knew that the few lives lost through criminal behavior or accidents would be negligible compared to the large number of lives which would be lost whenever freedom is destroyed and a tyrannical government is established. History has shown our founding fathers to be very wise indeed. While citizens in the United States have experienced unprecedented freedom, the rest of the world has witnessed six million Jews murdered by Adolf Hitler, fifteen million Russian citizens slaughtered by Joseph Stalin, and an estimated sixty million Chinese murdered in Communist China, and none of these murdered persons were allowed to possess firearms.

As a result of these lessons of history, it is the intent of the legislature to promote freedom and protect public safety by repealing all sections of state law that impose oppressive gun controls or interfere with a citizen's constitutional right to keep and bear arms.

NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:

(1) Section 5, chapter 172, Laws of 1935, section 4, chapter 124, Laws of 1961, section 3, chapter 47, Laws of 1982 1st ex. sess. and RCW 9.41.050;

(2) Section 6, chapter 172, Laws of 1935, section 5, chapter 124, Laws of 1961 and RCW 9.41.060;

(3) Section 7, chapter 172, Laws of 1935, section 6, chapter 124, Laws of 1961, section 2, chapter 302, Laws of 1971 ex. sess., section 1, chapter 158, Laws of 1979, section 3, chapter 232, Laws of 1983 and RCW 9.41.070;

(4) Section 9, chapter 172, Laws of 1935, section 7, chapter 124, Laws of 1961, section 1, chapter 227, Laws of 1969 ex. sess., section 4, chapter 232, Laws of 1983 and RCW 9.41.090;

(5) Section 2, chapter 227, Laws of 1969 ex. sess. and RCW 9.41.093;

(6) Section 3, chapter 227, Laws of 1969 ex. sess. and RCW 9.41.095;

(7) Section 5, chapter 232, Laws of 1983 and RCW 9.41.097;

(8) Section 6, chapter 232, Laws of 1983 and RCW 9.41.098;

(9) Section 10, chapter 172, Laws of 1935 and RCW 9.41.100;

(10) Section 11, chapter 172, Laws of 1935, section 8, chapter 124, Laws of 1961, section 1, chapter 163, Laws of 1963, section 4, chapter 227, Laws of 1969 ex. sess., section 2, chapter 158, Laws of 1979 and RCW 9.41.110;

(11) Section 12, chapter 172, Laws of 1935, section 9, chapter 124, Laws of 1961 and RCW 9.41.120; and

(12) Section 13, chapter 172, Laws of 1935 and RCW 9.41.130.

Sec. 3. Section 3, chapter 121, Laws of 1979 and RCW 9.94.043 are each amended to read as follows:

A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the first degree if, without authorization to do so, the person knowingly possesses or has under his or her control a deadly weapon on or in the buildings or adjacent grounds subject to the care, control, or supervision of a state correctional institution. Deadly weapon is used as defined in RCW 9A.04.110: PROVIDED, That such correctional buildings, grounds, or property are properly posted pursuant to RCW 9.94.047, and such person has knowingly entered thereon: PROVIDED FURTHER, That the provisions of this section do not apply to a person ((~~licensed pursuant to RCW 9.41.070~~)) who, upon entering the correctional institution premises, proceeds directly along an access road to the administration building and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s) upon leaving, but he or she must immediately and directly depart from the premises.

Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.

Sec. 4. Section 4, chapter 105, Laws of 1979 ex. sess. as last amended by section 22, chapter 263, Laws of 1984 and RCW 10.99.040 are each amended to read as follows:

(1) Because of the serious nature of domestic violence, the court in domestic violence actions:

(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his client the victim's location; and

(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant charged with a crime involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim. The arresting jurisdiction authorizing the release shall determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting the defendant from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the defendant from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping.))

(3) Wilful violation of a court order issued under subsection (2) of this section is a misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest. A certified copy of the order shall be provided to the victim.

(4) Whenever an order prohibiting contact is issued under subsection (2) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

Sec. 5. Section 7, chapter 145, Laws of 1981 as last amended by section 23, chapter 263, Laws of 1984 and RCW 10.99.045 are each amended to read as follows:

(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.

(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

(3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping.)) The decision of the judge and findings of fact in support thereof shall be in writing.

(4) Appearances required pursuant to this section are mandatory and cannot be waived.

(5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).

Sec. 6. Section 6, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 26, chapter 263, Laws of 1984 and RCW 26.09.060 are each amended to read as follows:

(1) In a proceeding for:

(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

(b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));

(d) Removing a child from the jurisdiction of the court.

(3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances.

(5) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(6) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(7) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(c) Terminates when the final decree is entered or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

(d) May be entered in a proceeding for the modification of an existing decree.

(8) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

Sec. 7. Section 18, chapter 47, Laws of 1971 ex. sess. as amended by section 11, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.130 are each amended to read as follows:

No person shall operate a nonhighway vehicle in such a way as to endanger human life or to run down or harass deer, elk, or any other wildlife, or any domestic animal, ((~~nor carry, transport, or convey any loaded weapon in or upon,~~)) nor hunt from, any nonhighway vehicle.

Violation of this section shall constitute a gross misdemeanor.

NEW SECTION. Sec. 8. 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.