FINAL BILL REPORT

ESHB 1041

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 221 L 11

Synopsis as Enacted

Brief Description: Including certain correctional employees and community corrections officers who have completed government-sponsored law enforcement firearms training to the lists of law enforcement personnel that are exempt from certain firearm restrictions.

Sponsors: House Committee on Judiciary (originally sponsored by Representatives Green, Angel, Goodman, McCune, Kelley, Hope, Dammeier, Warnick, Blake, Hurst, Moeller and Upthegrove).

House Committee on Judiciary

Senate Committee on Judiciary

Background:

State law regulates the possession, use, and transfer of firearms and other weapons under the Firearms and Dangerous Weapons law. Among other things, this law imposes restrictions on the carrying of certain firearms and prohibits possession of weapons in certain places.

A person is prohibited from carrying a concealed pistol in Washington unless the person has a valid concealed pistol license. In addition, there are restrictions on the carrying of pistols in vehicles. A person may not carry a loaded pistol in a vehicle unless the person has a concealed pistol license and either the pistol is on the person, the person is within the vehicle at all times the pistol is present, or the pistol is locked within the vehicle and concealed from view. An unloaded pistol kept in a vehicle must be locked within the vehicle and concealed from view.

A number of exemptions are provided from the requirements relating to carrying concealed pistols and carrying pistols in a vehicle. Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state are exempted, as are retired Washington law enforcement officers. Also exempted are federal officers and military members, persons engaged in various firearms manufacturing or dealing jobs, and persons engaged in various activities such as sport shooting, gun collecting, or outdoor recreation.

The Firearms and Dangerous Weapons law also prohibits possession of weapons in certain places. Weapons are prohibited in court facilities, taverns and bars, and restricted areas of jails and law enforcement facilities, public mental health facilities, and commercial airports. "Weapons" include firearms, explosives, spring-blade knives, daggers, dirks, sling shots, sand clubs, and metal knuckles. There is an exemption from these restrictions for law enforcement personnel, and for military and security personnel while engaged in official business.

Summary:

Correctional personnel and community corrections officers who have completed government-sponsored law enforcement firearms training are exempt from restrictions on carrying a concealed pistol and carrying a pistol in a vehicle. The exemption applies only if the correctional employee or community corrections officer has had a background check through the National Instant Criminal Background Check System or an equivalent background check within the past five years. Correctional personnel and community corrections officers seeking this waiver are required to pay for any background check that is needed in order to exercise the waiver.

Correctional personnel and community corrections officers who have completed government-sponsored law enforcement firearms training also are exempt from restrictions on possession of weapons in court facilities and restricted areas of jails and law enforcement facilities, public mental health facilities, and commercial airports. Correctional personnel are not exempt from the restriction on possessing weapons in taverns and bars. The government-sponsored law enforcement firearms training must be training that is received as part of the job requirement and reference to such training does not constitute a mandate that it be provided by the correctional facility.

The state, local governments, and their officers, employees, and agents, are not liable for damages caused by the use or misuse of a firearm by off-duty correctional personnel or community corrections officers based on a claim of negligence in the provision of government-sponsored firearms training.

Votes on Final Passage:

House

84

13

Senate

48

0

(Senate amended)

House

92

4

(House concurred)

Effective:

July 22, 2011