"NEW SECTION.  Sec. 1   The legislature finds that there is broad consensus that certain people, such as felons, minors, and involuntarily committed persons, should not be eligible to possess firearms for public safety reasons. Background checks are an effective and easy mechanism to ensure that firearms are not sold to those who are prohibited from possessing them. However, because background check requirements apply only to transfers by licensed firearms dealers, many firearms are currently sold without a background check, allowing felons and other ineligible persons to gain access to them. The legislature intends by this act to strengthen our background check system by broadening the requirement for a background check to apply to all firearms sales in the state.

Sec. 2   RCW 9.41.080 and 1994 sp.s. c 7 s 409 are each amended to read as follows:
     (1) No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under ((RCW 9.41.040)) state or federal law to possess a firearm. Any person violating this ((section)) subsection is guilty of a class C felony, punishable under chapter 9A.20 RCW.
     (2)(a) No unlicensed person may sell a firearm to another unlicensed person unless: (i) The purchaser produces a valid concealed pistol license issued under RCW 9.41.070; (ii) the purchaser produces a valid background check certificate issued under subsection (3) of this section; (iii) the purchaser produces a valid Washington law enforcement officer commission card or credentials indicating the person is an active full-time commissioned Washington law enforcement officer; or (iv) the transaction is conducted through a dealer.
     (b) If the purchaser produces a valid concealed pistol license issued under RCW 9.41.070, a valid background check certificate issued under subsection (3) of this section, or a valid Washington law enforcement officer commission card or credentials, the seller shall retain a copy of the concealed pistol license, background check certificate, or law enforcement officer commission card or credentials as proof of compliance with the requirements of this subsection (2).
     (c) If the seller and purchaser conduct the firearm sale through a dealer, the dealer must conduct a check of the national instant criminal background check system in accordance with federal law, but is not required to comply with any of the requirements of RCW 9.41.090 or 9.41.110(9) relating to the transfer of firearms by dealers.
     (d) An unlicensed person who sells a firearm to another unlicensed person in violation of this subsection (2) is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
     (e) For the purposes of this subsection (2), "unlicensed person" means any person who is not licensed as a dealer under this chapter or federally licensed as a collector under 18 U.S.C. Sec. 923(b).
     (f) This subsection (2) does not apply to: (i) The sale of an antique firearm; or (ii) the gift or loan of a firearm.
     (g) This subsection (2) does not apply to, and is not intended to alter the requirements of this chapter that apply to, the sale of a firearm by a dealer licensed under this chapter.
     (3)(a) A person may obtain a background check certificate from any local law enforcement agency in the state. An application for a background check certificate must include the applicant's full name, residential address, and date and place of birth. At the time of application, the local law enforcement agency shall verify the applicant's identity by examining the applicant's driver's license or identification card, or other picture identification.
     (b) The local law enforcement agency shall issue a background check certificate to the applicant if:
     (i) The local law enforcement agency has conducted a background check of the applicant through the national instant criminal background check system, and the results of the background check do not indicate that the applicant is ineligible to possess a firearm under state or federal law; or
     (ii) If the local law enforcement agency is not authorized by federal law to conduct a check through the national instant criminal background check system, the local law enforcement agency has conducted a background check of the applicant through the Washington state patrol electronic database and the department of licensing, and the results of the background check do not indicate that the purchaser is ineligible to possess a firearm under state or federal law; or
     (iii) Three business days have elapsed since the local law enforcement agency initiated the background check under this subsection (3)(b) and the local law enforcement agency has not been notified that possession of a firearm by the applicant would violate state or federal law.
     (c) If the local law enforcement agency denies the background check certificate because the background check indicates that the applicant is ineligible to possess a firearm under state or federal law, the local law enforcement agency shall indicate on the application the national instant criminal background check system transaction number, or in the case of a state background check, indicate on the application the reason for the denial.
     (d) A background check certificate is valid for thirty days from the date the certificate is issued by the local law enforcement agency.
     (e) The local law enforcement agency may charge a fee of up to twenty dollars for issuing a background check certificate. The local law enforcement agency shall not retain any records of applications or background check certificates issued under this section.
     (f) The Washington association of sheriffs and police chiefs shall develop a standard background check certificate for use by local law enforcement agencies.

Sec. 3   RCW 82.12.040 and 2011 1st sp.s. c 20 s 103 are each amended to read as follows:
     (1) Every person who maintains in this state a place of business or a stock of goods, or engages in business activities within this state, shall obtain from the department a certificate of registration, and shall, at the time of making sales of tangible personal property, digital goods, digital codes, digital automated services, extended warranties, or sales of any service defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b), or making transfers of either possession or title, or both, of tangible personal property for use in this state, collect from the purchasers or transferees the tax imposed under this chapter. The tax to be collected under this section must be in an amount equal to the purchase price multiplied by the rate in effect for the retail sales tax under RCW 82.08.020. For the purposes of this chapter, the phrase "maintains in this state a place of business" shall include the solicitation of sales and/or taking of orders by sales agents or traveling representatives. For the purposes of this chapter, "engages in business activity within this state" includes every activity which is sufficient under the Constitution of the United States for this state to require collection of tax under this chapter. The department must in rules specify activities which constitute engaging in business activity within this state, and must keep the rules current with future court interpretations of the Constitution of the United States.
     (2) Every person who engages in this state in the business of acting as an independent selling agent for persons who do not hold a valid certificate of registration, and who receives compensation by reason of sales of tangible personal property, digital goods, digital codes, digital automated services, extended warranties, or sales of any service defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b), of his or her principals for use in this state, must, at the time such sales are made, collect from the purchasers the tax imposed on the purchase price under this chapter, and for that purpose is deemed a retailer as defined in this chapter.
     (3) The tax required to be collected by this chapter is deemed to be held in trust by the retailer until paid to the department, and any retailer who appropriates or converts the tax collected to the retailer's own use or to any use other than the payment of the tax provided herein to the extent that the money required to be collected is not available for payment on the due date as prescribed is guilty of a misdemeanor. In case any seller fails to collect the tax herein imposed or having collected the tax, fails to pay the same to the department in the manner prescribed, whether such failure is the result of the seller's own acts or the result of acts or conditions beyond the seller's control, the seller is nevertheless personally liable to the state for the amount of such tax, unless the seller has taken from the buyer a copy of a direct pay permit issued under RCW 82.32.087.
     (4) Any retailer who refunds, remits, or rebates to a purchaser, or transferee, either directly or indirectly, and by whatever means, all or any part of the tax levied by this chapter is guilty of a misdemeanor.
     (5) Notwithstanding subsections (1) through (4) of this section, any person making sales is not obligated to collect the tax imposed by this chapter if:
     (a) The person's activities in this state, whether conducted directly or through another person, are limited to:
     (i) The storage, dissemination, or display of advertising;
     (ii) The taking of orders; or
     (iii) The processing of payments; and
     (b) The activities are conducted electronically via a web site on a server or other computer equipment located in Washington that is not owned or operated by the person making sales into this state nor owned or operated by an affiliated person. "Affiliated persons" has the same meaning as provided in RCW 82.04.424.
     (6) Subsection (5) of this section expires when: (a) The United States congress grants individual states the authority to impose sales and use tax collection duties on remote sellers; or (b) it is determined by a court of competent jurisdiction, in a judgment not subject to review, that a state can impose sales and use tax collection duties on remote sellers.
     (7) Notwithstanding subsections (1) through (4) of this section, any person making sales is not obligated to collect the tax imposed by this chapter if the person would have been obligated to collect retail sales tax on the sale absent a specific exemption provided in chapter 82.08 RCW, and there is no corresponding use tax exemption in this chapter. Nothing in this subsection (7) may be construed as relieving purchasers from liability for reporting and remitting the tax due under this chapter directly to the department.
     (8) Notwithstanding subsections (1) through (4) of this section, any person making sales is not obligated to collect the tax imposed by this chapter if the state is prohibited under the Constitution or laws of the United States from requiring the person to collect the tax imposed by this chapter.
     (9) Notwithstanding subsections (1) through (4) of this section, any firearms dealer facilitating a firearm sale between two unlicensed persons under RCW 9.41.080(2) is not obligated to collect the tax imposed by this chapter.

NEW SECTION.  Sec. 4   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."