SENATE BILL REPORT

                  SHB 1069

              As Reported By Senate Committee On:

                 Law & Justice, March 20, 1995

Title:  An act relating to exceptions to restrictions on carrying firearms.

Brief Description:  Exempting retired law enforcement officers from restrictions on carrying firearms.

Sponsors:  House Committee on Law & Justice (originally sponsored by Representatives Delvin, Wolfe, Mielke, Ebersole, Ballasiotes, Sheldon, Mastin, Carlson, McMorris, Carrell, Robertson, Hickel, Sheahan, Reams, Benton, Padden, Boldt, Hargrove, Chandler, McMahan, Cairnes, Clements, Chappell, Buck, Campbell, L. Thomas, Johnson, Backlund, Cooke, Conway, Kessler, Costa, Mulliken, Kremen, Dickerson, Quall, Basich, Fuhrman, Morris, Huff, Mitchell, Honeyford, Pennington, Elliot, Schoesler, D. Schmidt, Dyer and Appelwick).

Brief History:

Committee Activity:  Law & Justice:  3/20/95 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Haugen, Johnson, Long, Roach and Schow.

Staff:  Cynthia Runger (786-7717)

Background:  Persons are generally prohibited from carrying a concealed pistol without a license to do so.  Except for in a person's home or place of business, a concealed pistol license is required before a person may legally carry a concealed pistol. 

In addition to this requirement regarding concealed pistols, the law contains a general prohibition against the open carrying of any firearm.  With numerous exceptions, no one may carry a firearm unless the firearm is unloaded and enclosed in an opaque case or secure wrapper. 

Certain individuals are exempt from the requirement for a concealed pistol license and from the requirement that a firearm be carried in an opaque case or secure wrapper.  Those who are exempt include:  law enforcement personnel; military personnel while on duty; other government personnel authorized to carry concealed pistols; persons engaged in the business of manufacturing, repairing, or dealing in firearms while in the course of business; members of groups authorized to receive pistols from the government; members of target shooting clubs or collectors clubs while shooting or exhibiting firearms or while en route to or from their practice or exhibition places; and hunters while hunting.

Summary of Bill:  Certain retired law enforcement officers are exempt from the requirement of having a license to carry a concealed pistol and from the general prohibition against openly carrying a firearm.  The exemption applies to officers who are retired for service or physical disabilities.  The exemption does not apply to officers who are retired for mental or stress-related disabilities.  To be eligible for this exemption, a retired officer must get documentation from his or her former agency that retirement is for service or physical disability.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  This bill should be passed for three reasons.  First, it serves as a gratuity for the service retired officers have given.  Second, retired police officers may need firearms for self defense because of the animosity from their former jobs.  Third, retired officers are trained in proper handling of firearms.

Testimony Against:  None.

Testified:  Representative Delvin, original prime sponsor (pro); Mike Patrick, Washington State Council of Police Officers (pro); Robert Holter, retired police officer (pro).