Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1122

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.

Title: An act relating to protecting public safety through responsible storage of firearms.

Brief Description: Protecting public safety through responsible storage of firearms.

Sponsors: Representatives Kagi, Jinkins, Cody, Robinson, Gregerson, Ryu, Ortiz-Self, Fitzgibbon, Farrell, Tharinger, Doglio, Dolan, Frame, Tarleton, Appleton, Springer, Lytton, Chapman, Stanford, Peterson, Ormsby, McBride, Fey, Kloba, Senn, Sells, Kilduff, Santos, Riccelli, Bergquist and Goodman.

Brief Summary of Bill

  • Provides that, under certain circumstances, a person is guilty of Community Endangerment Due to Unsafe Storage of a Firearm for leaving or storing a firearm in a location where a prohibited person is likely to access the firearm and does access and use the firearm.

  • Requires firearms dealers to offer to sell or give purchasers a locked box, lock, or device that prevents a firearm from discharging, and provide warnings regarding potential criminal liability for unsafe storage of firearms.

Hearing Date: 2/2/17

Staff: Edie Adams (786-7180).

Background:

Certain persons are prohibited from possessing firearms under federal and state law. Under state law, a person is prohibited from owning or possessing a firearm when the person:

Circumstances where a minor is permitted to possess a firearm include: hunting or trapping under a valid license; attending a hunter or firearms safety course; shooting at an established shooting range; engaging in an organized firearms competition; or acting with permission of a parent or guardian at home or on other property controlled by the parent or guardian.

State firearms laws make it unlawful for a person to deliver a firearm to anyone whom the person has reasonable cause to believe is ineligible under state law to possess a firearm. There are no laws specifically addressing criminal or civil liability for storing or leaving a firearm where a minor can obtain access to the firearm.

Summary of Bill:

A new crime addressing storing or leaving a firearm where a prohibited person may gain access to the firearm is created. "Prohibited person" means a person who is prohibited from possessing firearms under federal or state law.

A person is guilty of Community Endangerment Due to Unsafe Storage of a Firearm if the person stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person is likely to gain access, and the prohibited person obtains access and possession of the firearm and either:

The crime does not apply if the firearm was secured in a locked box, gun safe, or other secure locked storage space, or secured with a lock or device that prevents the firearm from discharging. In addition, the crime does not apply if:

A prosecuting attorney may decline to prosecute an alleged violation that results in a death or serious injury if prosecution of the violation would serve no public purpose, defeat the purpose of the law, or result in decreased respect for the law.

A firearms dealer must offer to sell or give to a purchaser of any firearm a locked box, a lock, or a device that prevents the discharge of the firearm. In addition, firearms dealers must prominently post a sign on the premises, and deliver written materials to firearms purchasers, that provide a warning indicating that it is a crime to leave an unsecured firearm where a prohibited person can and does gain possession. A firearms dealer who violates these requirements is guilty of a class 3 civil infraction and subject to a fine of up to $50.

Nothing in the act is intended to mandate how or where a firearm must be stored.

Appropriation: None.

Fiscal Note: Requested on 1/26/17.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.