FINAL BILL REPORT

SHB 1845

                                  C 223 L 88

BYHouse Committee on State Government (originally sponsored by Representatives Anderson, Brough, Wineberry, Winsley, Moyer, H. Sommers and Brekke)

Revoking concealed pistol licenses of persons carrying them while under the influence of drugs or alcohol.

House Committe on State Government

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

A person is required to obtain a license to carry a concealed weapon outside the person's home or place of business.  This requirement does not apply to law enforcement officers, members of the armed services, members of gun or target shooting clubs on their way to a meeting, or individual hunters on a fishing, camping or hunting trip.

A person can be denied a license to carry a concealed pistol based on age, criminal status or mental status.  None of these conditions makes a person permanently ineligible to obtain a license.

A firearm can be confiscated by order of a court under a variety of circumstances.  One example is if a person possessing a concealed pistol is legally under the influence of drugs or alcohol and in a place where a concealed pistol license is required.

Under two instances a pistol license can be immediately revoked: when a person commits a crime that makes that person ineligible for a license or after a third violation of the license laws in a five-year period.

SUMMARY:

An individual who has had a firearm confiscated by order of the court due to being found both in a place where a concealed pistol license was required and legally under the influence of drugs or alcohol, is ineligible to receive a concealed pistol license for 1 year unless the license has been revoked for a longer period of time due to repeated confiscations.

A second confiscation leads to revocation of the individual's concealed pistol license for 2 years, and after the third confiscation and for all subsequent confiscations, the license is revoked for 5 years. Such an individual may not reapply for a concealed pistol license until the period of revocation is ended.

All firearms that are legal for citizens to own, have been confiscated by order of the court and are no longer needed for evidence are to be sold at public auction to commercial dealers.  Ten percent of confiscated firearms may be retained for use by local law enforcement agencies.

Any legal firearms that have been unclaimed and are in the possession of a municipal police department or county sheriff for a period of one year after proper public notice to the owner are to be sold under the same provisions as firearms confiscated by the court.

Auctioning agencies must maintain detailed public records of all confiscated firearms that are sold.

VOTES ON FINAL PASSAGE:

      House 73  23

      Senate    48     1(Senate amended)

      House 85  10(House concurred)

EFFECTIVE:June 9, 1988