BP BHEAD INT S

AN ACT Relating to possession of firearms by certain persons; reenacting and amending RCW 9.41.040; and prescribing penalties.

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

Sec. 1. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:

(1) A person is guilty of the crime of unlawful possession of a ((~~short~~)) firearm ((~~or pistol~~)), if, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a ((~~crime of violence or of a~~)) felony ((~~in which a firearm was used or displayed~~)), the person owns or has in his or her possession or under his or her control, any ((~~short~~)) firearm ((~~or pistol~~)).

(2) ((~~Unlawful possession of a short firearm or pistol shall be punished as a class C felony under chapter 9A.20 RCW.~~

~~(3)~~)) As used in this section, a person has been "convicted or adjudicated" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. ((A person shall not be precluded from possession if the conviction or adjudication has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(4) Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any short firearm or pistol.

(5) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.

~~(6)~~)) (3) Unlawful possession of a firearm shall be punished as the highest class of felony for which the person has previously been convicted or adjudicated.

(4) Restoration of rights for convicted felons may occur under the following procedures:

(a) A person convicted of a class C felony or the equivalent may after seven years petition a community review board for firearm rights restoration. The petitioner must affirmatively display rehabilitation and responsible citizenship. The petitioner shall pay the sum of twenty dollars to the county treasury to cover the cost of the petition process. The board shall submit its findings to the superior court for review. The court shall then issue an order to the department of licensing affirming or denying the issuance of a firearm possession rights restoration license.

(b) A person convicted of a class B felony or the equivalent may after fifteen years petition a community review board for firearm rights restoration. The petitioner must affirmatively display rehabilitation and responsible citizenship. The petitioner shall pay the sum of twenty dollars to the county treasury to cover the cost of the restoration process. The board shall submit its findings to the superior court for review. The court shall then issue an order to the department of licensing affirming or denying the issuance of a firearm possession rights restoration license.

(d) A person is not precluded from firearm possession if the person convicted or adjudicated is subject to a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(5) (a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.

(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.

(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The secretary shall maintain a master file of all persons adjudicated mentally incompetent to possess firearms and make the master file available to law enforcement officials for determination of concealed weapons permits or firearm possession.

(d) The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.