WSR 24-11-080
PROPOSED RULES
GAMBLING COMMISSION
[Filed May 15, 2024, 12:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-07-057.
Title of Rule and Other Identifying Information: WAC 230-06-025 Restrictions on firearms as prize.
Hearing Location(s): On July 11, 2024, at 9:30 a.m., at the Liquor and Cannabis Board, 1025 Union Avenue S.E., Olympia, WA 98501. The meeting time and location are tentative. Visit our website at www.wsgc.wa.gov approximately seven days prior to the meeting and select "About Us" and then, "Upcoming commission meetings" to confirm the hearing date, location, start time, and agenda items.
Date of Intended Adoption: July 11, 2024.
Submit Written Comments to: Www.wsgc.wa.gov, beginning May 15, 2024, at 8:00 a.m., by July 10, 2024, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Julie Anderson, phone 360-486-3453, TTY 360-486-3637, email julie.anderson@wsgc.wa.gov, www.wsgc.wa.gov, by July 10, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The gambling commission asked staff to review WAC 230-06-025 Restrictions on firearms as prize, to ensure compliance with all state firearm statutes.
Reasons Supporting Proposal: The changes to WAC 230-06-025 seek to accomplish the following:
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| • | Limit the certificate to be redeemable by a licensed firearm dealer to a Washington state dealer. |
| • | Limit the firearms that are available as prizes to only those firearms that are authorized for sale in Washington state. Amended language would aim to clarify this point. |
| • | Prohibit persons who are not permitted to own firearms in Washington from winning a firearm in a raffle. Additional language to the rule was added to ensure such prohibited individuals are not able to acquire a firearm as a raffle prize. |
Statutory Authority for Adoption: RCW
9.46.070.
Statute Being Implemented: RCW
9.46.070.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Adam Amorine, Rules Coordinator, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3455; Implementation: Tina Griffin, Director, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3546; and Enforcement: Gary Drumheller, Deputy Director, 4565 7th Avenue S.E., Lacey, WA 98503, 509-325-7904.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. A cost-benefit analysis is not required per RCW
34.05.328 (5)(b)(v).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
Scope of exemption for rule proposal:
Is fully exempt.
May 15, 2024
Adam Amorine
Legal Manager and Rules Coordinator
OTS-5441.1
AMENDATORY SECTION(Amending WSR 06-17-132, filed 8/22/06, effective 1/1/08)
WAC 230-06-025Restrictions on firearms as prizes.
Only charitable or nonprofit organizations operating a raffle may award firearms, air guns, or other mechanical devices which are capable of discharging dangerous projectiles, including but not limited to, BB or CO2 guns, rifles, shotguns, pistols or revolvers, or crossbows as a prize. The firearm must be authorized for sale in Washington state. If the prize awarded is restricted from transfer by state or federal law, the licensee must award the winner a certificate, redeemable by a licensed Washington state firearms dealer, for the prize offered. Alternatively, the winner shall be awarded a prize of equivalent value, such as a gift certificate, if the winner of the raffle is prohibited from owning or possessing firearms by other sections of the Revised Code of Washington (RCW).