SENATE BILL REPORT

                                   SHB 1900

                              AS OF APRIL 1, 1991

Brief Description:  Providing protection for children from firearms.

SPONSORS:House Committee on Judiciary (originally sponsored by Representatives Scott, Cole, Roland, Ludwig, Forner, Wineberry, Locke, Appelwick, H. Myers, Rasmussen, Wang, Wynne and Anderson).

HOUSE JUDICIARY COMMITTEE

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Jon Carlson (786‑7459)

Hearing Dates:April 3, 1991

BACKGROUND:

A legal owner of a firearm has no statutory duty against leaving firearms where a child may gain access.  Dealers are not required to offer safety devices for firearms.

SUMMARY:

It is a gross misdemeanor for an owner of a firearm to leave a loaded firearm, or an unloaded firearm that is accompanied by ammunition, where a child is likely to gain access to it.  To be liable, the owner must have known, or reasonably should have known, that a child probably would gain access to the firearm.  Various exceptions are provided to the prohibition against allowing access to a firearm.  The prohibition does not apply to firearms secured with a trigger lock, or to access gained by trespassing, or to a child with a valid hunting license.

A violator of this act may be fined not more than $5,000 and imprisoned for not more than one year.

Licensed firearms dealers must offer a trigger lock with each sale.  They must also post a sign warning buyers that it is unlawful to store or leave an unlocked firearm where children can obtain access.

A dealer who violates this section is subject to a $500 fine.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested