HOUSE BILL 2519
State of Washington
2020 Regular Session
ByRepresentatives Walen, Valdez, Orwall, Kilduff, Thai, Chapman, Peterson, Davis, Doglio, Ramel, Tharinger, Pollet, Cody, Ormsby, and Robinson; by request of Attorney General
Read first time 01/15/20.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to reasonable public safety measures to prevent dangerous individuals from acquiring ammunition; amending RCW 9.41.080
; reenacting and amending RCW 9.41.010
; adding new sections to chapter 9.41
RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) Violent felons and other persons prohibited from owning firearms sometimes evade controls intended to prevent them from acquiring firearms or refuse to surrender firearms as the law requires. The legislature finds a compelling interest in preventing dangerous individuals who illegally acquire firearms from enjoying easy access to ammunition.
(2) The legislature finds that other states have adopted reasonable ammunition regulations that promote public safety.
(3) The legislature finds a compelling interest in prohibiting violent felons and other individuals lawfully prohibited from owning a firearm from owning ammunition.
(4) The legislature finds a compelling interest in requiring licenses for all ammunition sellers and background checks for all ammunition sales should federal law change to allow use of the national instant criminal background check system in order to keep violent felons and other prohibited persons from owning ammunition.
(5) The legislature finds that the public supports laws regulating ammunition sales. A survey conducted by Fox News found that eighty percent of respondents supported laws requiring background checks on purchasers of ammunition.
NEW SECTION. Sec. 2.
A new section is added to chapter 9.41
RCW to read as follows:
A person is guilty of the crime of unlawful possession of ammunition if the person is prohibited from possessing a firearm under RCW 9.41.040
and the person owns, has in his or her possession, or has in his or her control, any ammunition. Unlawful possession of ammunition is a gross misdemeanor punishable according to chapter 9A.20
NEW SECTION. Sec. 3.
A new section is added to chapter 9.41
RCW to read as follows:
(1) The provisions of RCW 9.41.340
regarding notification of family members and other requirements before a law enforcement agency returns a privately owned firearm shall apply in the same manner to a law enforcement agency's return of any privately owned ammunition.
(2) The provisions of RCW 9.41.350
regarding voluntary waiver of firearm rights shall apply in the same manner to waiver of ammunition possession rights.
(3) The provisions of RCW 9.41.800
, and 9.41.804
regarding surrender of weapons or licenses shall apply in the same manner to surrender of ammunition.
NEW SECTION. Sec. 4.
A new section is added to chapter 9.41
RCW to read as follows:
(1) Under federal law as it exists on the effective date of this section, a dealer may not use the national instant criminal background check system to initiate a check for a transfer of ammunition. If federal law is amended to authorize use of the national instant criminal background check system for ammunition transfers, it is the intent of the legislature that a dealer conduct a background check before delivering any ammunition to a purchaser or transferee.
(2) Beginning on the date that is thirty days after the attorney general certifies that federal law has been amended to authorize use of the national instant criminal background check system for ammunition transfers, a dealer must then initiate a check of that system before completing any ammunition transfer.
(3) The attorney general shall notify dealers at the time he or she certifies that federal law has been amended to authorize the use of the national instant criminal background check system for ammunition transfers.
(4) Background checks are not required for ammunition sales occurring at a duly licensed, lawfully operated shooting range or target facility, provided the ammunition is at all times kept within the facility's premises.
and 2019 c 243 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2) "Ammunition" means one or more cartridges consisting of a primed case, propellant, and with one or more projectiles. "Ammunition" includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm that can cause death or substantial bodily harm. "Ammunition" does not include blanks.
(3) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(((3)))(4) "Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.
(((4)))(5) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(((5)))(6) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.
(((6)))(7) "Dealer" means ((a)): (a) A person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a); or (b) any person engaged in the business of selling ammunition at wholesale or retail. A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer under (a) of this subsection if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(((7)))(8) "Family or household member" means "family" or "household member" as used in RCW ((10.99.020))26.50.010.
(((8)))(9) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(((9)))(10) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(((10)))(11) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter;
(e) Any felony offense if the offender was armed with a firearm in the commission of the offense.
(((11)))(12) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes.
(((12)))(13) "Gun" has the same meaning as firearm.
"Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020
, or a specially commissioned Washington peace officer as defined in RCW 10.93.020
. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020
if such officer is duly authorized by his or her employer to carry a concealed pistol.
(((14)))(15) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
(((15)))(16) "Licensed collector" means a person who is federally licensed under 18 U.S.C. Sec. 923(b).
(((16)))(17) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).
(((17)))(18) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(((18)))(19) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(((19)))(20) "Manufacture" means, with respect to a firearm, the fabrication or construction of a firearm.
(((20)))(21) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
(((21)))(22) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.
(((22)))(23) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(((23)))(24) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(((24)))(25) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.
(((25)))(26) "Secure gun storage" means:
(a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm; and
(b) The act of keeping an unloaded firearm stored by such means.
(((26)))(27) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
"Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
(((27)))(28) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50
RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502
, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.825
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense; or
(p) Any felony conviction under RCW 9.41.115
(((28)))(29) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(((29)))(30) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(((30)))(31) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(((31)))(32) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.
(((32)))(33) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports.
(((33)))(34) "Unlicensed person" means any person who is not a licensed dealer under this chapter.
(((34)))(35) "Untraceable firearm" means any firearm manufactured after July 1, 2019, that is not an antique firearm and that cannot be traced by law enforcement by means of a serial number affixed to the firearm by a federally licensed manufacturer or importer.
and 2018 c 145 s 3 are each amended to read as follows:
No person may deliver a firearm or ammunition
to any person whom he or she has reasonable cause to believe: (1) Is ineligible under RCW 9.41.040
to possess a firearm or (2) has signed a valid voluntary waiver of firearm rights that has not been revoked under RCW 9.41.350
. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20
and 2019 c 3 s 10 (Initiative Measure No. 1639) are each amended to read as follows:
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010
. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under subsections (1) and (2) of
this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040
or ineligible for a concealed pistol license under RCW 9.41.070
shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols or semiautomatic assault rifles that are applicable to dealers.
(6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090
, and this section. The license of a dealer who fails to comply with the requirements of RCW 9.41.080
and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms or ammunition are sold, or at the temporary location, where it can easily be read.
(8)(a) No pistol or semiautomatic assault rifle may be sold: (i) In violation of any provisions of RCW 9.41.010
; nor (ii) may a pistol or semiautomatic assault rifle be sold under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.
(b) A dealer who sells or delivers any firearm or ammunition
in violation of RCW 9.41.080
is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the state general fund.
(9)(a) A true record in triplicate shall be made of every pistol or semiautomatic assault rifle sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser, and a statement signed by the purchaser that he or she is not ineligible under state or federal law to possess a firearm.
(b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident, or the state pursuant to RCW 9.41.090
; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.
(11) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(12) Except as provided in RCW 9.41.090
, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
NEW SECTION. Sec. 8.
A new section is added to chapter 9.41
RCW to read as follows:
(1) The sale of ammunition may only occur in a face-to-face transaction with the seller unless the purchaser is:
(a) A dealer; or
(b) An authorized law enforcement representative of a city, county, city and county, state, or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency.
(2) An intentional violation of subsection (1) of this section is a misdemeanor.
(3) Any violation of subsection (1) of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020
NEW SECTION. Sec. 9. This act takes effect January 1, 2021.
NEW SECTION. Sec. 10. 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.
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