HOUSE BILL REPORT

                      HB 2373

                     As Reported By House Committee on:

                                 Judiciary

Title:  An act relating to eligibility for a concealed weapon permit.

Brief Description:  Changing provisions relating to eligibility for a concealed weapon permit.

Sponsor(s):  Representatives Kremen, Rayburn, Winsley, Anderson, McLean, Roland, R. Johnson, O'Brien, Pruitt, Chandler, Heavey, Betrozoff, Scott, Rasmussen, G. Cole, Spanel, Cantwell, Grant, Brekke, Peery, Braddock, G. Fisher, Paris, Wineberry, J. Kohl, Orr, Sheldon and Haugen.

Brief History:

   Reported by House Committee on:

Judiciary, February 4, 1992, DPS.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 16 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Hargrove; Inslee; Locke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Minority Report: Without recommendation.  Signed by 1 member:  Representative Forner.

Staff:  Bill Perry (786-7123).

Background:  State and federal laws on the possession of firearms differ in some respects.  The federal list of offenses which disqualify a person from possessing a firearm is more extensive than the state list.  Federal law disqualifies persons convicted of any felony.  State law disqualifies persons convicted of any class A felony or other felony "crime of violence" or any felony violation of the Uniform Controlled Substances Act.  Thus, a given person's criminal record may prevent him or her from possessing a firearm under federal law, when state law would not deny him the possession of a firearm.  However, because federal law preempts state law where the two are inconsistent, such a person could not legally possess a firearm.

Even though an individual is prohibited from possessing a pistol under federal law, in some instances the person may still technically be eligible to obtain a concealed pistol permit under state law.  Such a result is possible because the state permit law denies a permit to anyone ineligible to own a pistol under state law, but does not explicitly prohibit issuance of a permit to an applicant ineligible to possess a weapon under federal law.  Therefore, a person prevented from owning a pistol under federal law, but not under state law, may still get a state concealed pistol permit.  A permit issued in such a case is hollow and does not allow the permit holder to possess a pistol, concealed or otherwise.  Some law enforcement agencies, however, object to the issuance of a permit in such a case because issuance incorrectly implies that the holder has the right to possess a pistol.

Summary of Substitute Bill:  Additional felony crimes are added to the category of offenses that disqualify a person from obtaining a state concealed pistol permit.  Those crimes are:  assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, and theft in the first or second degree.  One year after successful completion of a sentence imposed for violation of one of these new crimes, a person's eligibility for a concealed pistol permit is restored.

Firearm dealers, importers, manufacturers, or others who are convicted of certain federal felonies will not lose their rights to possess firearms under state law.  Those felonies include antitrust law violations or other business practices act violations.  Such persons who are convicted of other federal felonies will have their rights to possess firearms restored under state law if the secretary of the treasury has found them not to be "likely to act in a manner dangerous to public safety."

Substitute Bill Compared to Original Bill:  The substitute bill removes three crimes from the new list of crimes that disqualify a person from getting a state concealed pistol permit.  Those crimes are arson in the second degree, assault in the fourth degree, and taking a motor vehicle without permission.

The substitute bill also adds the provisions relating to restoration under state law of the right to a concealed pistol permit, and restoration of the right for a dealer, manufacturer, importer, or other person to possess firearms.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  (Original Bill):  The bill will reduce the number of persons convicted of serious crimes who can get a concealed pistol permit.

Testimony Against:  (Original Bill):  The list of disqualifying crimes is too broad.

Witnesses:  Tim Schellberg, Washington Association of Sheriffs and Police Chiefs (in favor of original bill); John Hosford, Citizens Committee for the Right to Keep and Bear Arms (opposed original bill); and Ted Cowan, Washington State Rifle and Pistol Association (opposed original bill).