SENATE BILL REPORT

SB 5043

BYSenators Madsen, Benitz, Barr, Conner, Metcalf, Rasmussen, Sutherland, Hansen, Smith, DeJarnatt, Nelson, von Reichbauer, Cantu and Warnke

Increasing criminal penalties for illegal possession or use of machine guns.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 11, 1989

Senate Staff:Jon Carlson (786-7459)

AS OF JANUARY 23, 1989

BACKGROUND:

Current law provides that a person who violates any of the provisions regulating the manufacture, sale, purchase, use, possession, or transport of machine guns is guilty of an unranked felony.  If this were specified as a class C felony, it would clarify that there is a five-year maximum prison sentence for a violation of these statutes.

Machine guns are being found in the possession of drug dealers with increasing frequency.  Many law enforcement agencies feel that the present unranked felony does not sufficiently deter dangerous criminals from possessing machine guns.  It is suggested that a person who commits any felony (other than the above unranked felony) while armed with a machine gun should be guilty of a class B felony in addition to the underlying crime.

Federal law prohibits civilian ownership of a machine gun unless certain detailed requirements are met:  (1) the machine gun must be manufactured prior to May 1986, and (2) there must be compliance with federal registration requirements as follows:  (a) the name, address, photograph, and fingerprints of the purchaser; (b) the model and other technical information pertaining to the machine gun being acquired; (c) an applicant certification, which requires the purchaser to state the necessity for possessing the machine gun to be acquired; and (d) a law enforcement certification, wherein the chief law enforcement officer in the purchaser's jurisdiction must state that there is no information to indicate that the purchaser will use the machine gun for other than lawful purposes.  In addition, it is unlawful for any person in Washington State to manufacture, sell, purchase, use, possess, or transport any machine gun or machine gun part.  At present, 38 states allow private ownership of machine guns, including the neighboring states of Oregon and Idaho, and many Washington State gun collectors recommend that they be afforded the same opportunity to own and possess machine guns if there is compliance with federal law.

Other exemptions to the provisions regulating machine guns are in need of additional clarification.

SUMMARY:

The substantive provisions pertaining to machine guns are repealed and consolidated within the penalty provisions for violations of the machine gun statute.

The existing unranked felony relating to violations involving the manufacture, sale, purchase, use, possession, or transport of machine guns is changed to a class C felony.  A new class B felony is created for any person who commits a felony while armed with a machine gun.

Any individual who registers and complies with the detailed requirements of the National Firearms Act may own or possess a machine gun.  In addition, the prohibitions with respect to the manufacture, sale, purchase, use, or transport of machine guns do not apply to:  (1) any officer or member of the armed forces of the United States or Washington State in the discharge of official duty, and (2) any person or employee of such person engaged in the production, manufacture, or testing of weapons or equipment to be used or purchased by the armed forces in the United States, when such machine gun is being used in connection with job-related duties.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested