S-0255.1  _______________________________________________

 

                         SENATE BILL 5017

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senators McAuliffe, B. Sheldon, Thibaudeau, Patterson, Fraser, Franklin, Kline, Winsley and Kohl‑Welles

 

Read first time 01/11/1999.  Referred to Committee on Judiciary.

Making it a crime to keep a loaded firearm where a minor could gain access to it.


    AN ACT Relating to access to firearms by minors; adding a new section to chapter 9.41 RCW; and prescribing penalties.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 9.41 RCW to read as follows:

    (1) Except as provided in this section, a person shall not store or keep a loaded firearm on premises under his or her control if he or she knows or reasonably should know that a minor is likely to gain access to the firearm without:  (a) The lawful permission of the minor's parent or the person having charge of the minor; or (b) the supervision required by law.

    (2) This section does not apply if:

    (a) The firearm was stored or left in a securely locked box or container;

    (b) The firearm is kept in a location that a reasonable person would have believed to be secure;

    (c) The firearm is secured with a trigger lock; or

    (d) The minor obtains the firearm as a result of an unlawful entry by any person.

    (3)(a) It is a misdemeanor if a person violates subsection (1) of this section and, as a result thereof, a minor gains access to a firearm and possesses or exhibits it, without the supervision required by law:

    (i) In a public place; or

    (ii) In a reckless or criminally negligent manner.

    (b) It is a class C felony if a person violates subsection (1) of this section and, as a result thereof, a minor gains access to a firearm and uses it to inflict injury or death upon himself or herself, or any other person.

    (4) As used in this section, "minor" means a person under the age of sixteen.

 


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