Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1589

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.

Brief Description: Exempting correctional employees from paying for certain background checks related to firearms.

Sponsors: Representatives Chapman, Rude, Blake, Lovick, Goodman, Griffey, Irwin, Volz, Mead, Eslick, Sells, Ryu, Pollet, Stonier, Peterson, Fey, Senn, Gregerson, Riccelli, Lekanoff, Appleton, Steele, Tharinger and Leavitt.

Brief Summary of Bill

  • Modifies the requirements for the correctional personnel and community correction officer exemption from restrictions on the carrying of concealed pistols and carrying of pistols in vehicles.

Hearing Date: 2/13/19

Staff: Edie Adams (786-7180).

Background:

It is generally unlawful for a person to carry a concealed pistol in Washington unless the person has a valid concealed pistol license. There are also 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, including: marshals, sheriffs, prison or jail wardens or their deputies; other law enforcement officers of this state or another state, as well as retired Washington law enforcement officers; federal officers and military members; persons engaged in various firearms manufacturing or dealing jobs; and persons engaged in various activities such as sport shooting or outdoor recreation.

Also exempted are correctional personnel and community corrections officers who have completed government-sponsored law enforcement firearms training. 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.

Summary of Bill:

The correctional personnel and community correction officer exemption from restrictions on the carrying of concealed pistols and pistols in vehicles is modified to eliminate the requirement that the background check be conducted through the National Instant Criminal Background Check System. In addition, the requirement that correctional personnel and community corrections officers are required to pay for any background check that is needed in order to exercise the waiver is eliminated.

Appropriation: None.

Fiscal Note: Not requested.

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