BP BHEAD INT S

AN ACT Relating to firearms; amending RCW 9.41.070 and 46.20.336; adding new sections to chapter 46.20 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state ((~~for four years from date of issue~~)), for the purposes of protection or while engaged in business, sport, or while traveling. 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 issuing authority shall have up to sixty days after the filing of the application to issue a license. If the applicant has a valid permanent Washington driver's license, the term of the initial concealed pistol license shall be from the date of issue of the concealed pistol license until the next expiration of the applicant's driver's license; otherwise, the term of the initial concealed pistol license shall be for a term of four years from date of issue. Any renewals of the concealed pistol license shall be for a term of four years from the date of renewal. Such applicant's constitutional right to bear arms shall not be denied, unless he or she:

(a) Is ineligible to own a pistol under the provisions of RCW 9.41.040; or

(b) Is under twenty‑one years of age; or

(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or

(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

(g) Has been convicted of any of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any person who becomes ineligible for a concealed pistol permit as a result of a conviction for a crime listed in this subsection (1)(g) and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition the district court for a declaration that the person is no longer ineligible for a concealed pistol permit under this subsection (1)(g).

(2) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored.

(3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years. Notice of the date and duration of the revocation together with the name and address of the person whose license was revoked shall be sent to the department of licensing.

(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

(a) On the first forfeiture, revoke the license for one year;

(b) On the second forfeiture, revoke the license for two years;

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, other law enforcement authorities and the department of licensing upon revocation of a license. The department of licensing shall record the revocation and make a notation on the licensee's driver's license under section 2 of this act.

(5) The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor. A person who is not a citizen of the United States, or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 9.41.170.

The original ((~~thereof~~)) license shall be delivered to the licensee in accordance with section 2 of this act, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.

(6) The fee for the original issuance of a four‑year license shall be twenty‑three dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

(d) Three dollars to the firearms range account in the general fund.

(7) The fee for the renewal of such license shall be fifteen dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

(9)(a) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (7) of this section. The fee shall be distributed as follows:

((~~(a)~~)) (i) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

((~~(b)~~)) (ii) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(b) A licensee may renew a license at the same time as renewing his or her driver's license, as provided in section 2 of this act.

(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

(1) The department shall accept from the issuing authority for delivery to the licensee, if the licensee has a driver's license, concealed pistol licenses issued under RCW 9.41.070. The department may not deliver a concealed pistol license to a licensee under this subsection until the licensee has submitted his or her driver's license for the department to make a notation on the driver's license or reissue the driver's license with a notation that the holder has a concealed pistol license.

(2) The department shall, on behalf of the authorities authorized to issue concealed pistol licenses under RCW 9.41.070, renew concealed pistol licenses under RCW 9.41.070 at the same time as renewing driver's licenses under this chapter.

(3) Upon receipt of the driver's license of a person who has had a concealed pistol license revoked under RCW 9.41.070, the department shall make a notation on the driver's license or reissue the driver's license with a notation that the holder has had a concealed pistol license revoked.

(4) The department shall, in consultation with the authorities authorized to issue concealed pistol licenses under RCW 9.41.070, adopt rules to implement this section.

NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

Whenever any person after applying for or receiving a driver's license has a concealed pistol permit revoked under RCW 9.41.070, upon receipt of notification from the revoking authority, the department shall send notice to the person whose concealed pistol permit was revoked to present his or her driver's license within ten days so that the appropriate notations may be made on the license or a new license with appropriate notations may be issued.

Sec. 4. RCW 46.20.336 and 1990 c 210 s 3 are each amended to read as follows:

It is a misdemeanor for any person:

(1) To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver's license or identicard;

(2) To lend his or her driver's license or identicard to any other person or knowingly permit the use thereof by another;

(3) To display or represent as one's own any driver's license or identicard not issued to him or her;

(4) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;

(5) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

(6) To permit any unlawful use of a driver's license or identicard issued to him or her;

(7) To fail to present a driver's license to the department in response to a notice given under section 3 of this act.