H-4396.1          _______________________________________________

                                  HOUSE BILL 2864

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Pelesky, McMorris, Thompson, Horn, Carrell, Smith and Sterk

Read first time 01/23/96.  Referred to Committee on Commerce & Labor.

Punishing the intent to sell certain explosives.

     AN ACT Relating to establishing as a gross misdemeanor the unauthorized manufacture, import, transport, storage, sale, or possession with the intent to sell explosives that are not fireworks; amending RCW 70.77.255; adding a new section to chapter 70.77 RCW; and prescribing penalties.

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

     Sec. 1.  RCW 70.77.255 and 1995 c 61 s 13 are each amended to read as follows:

     (1) Except as otherwise provided in this chapter, no person, without ((an)) appropriate state licenses and city or county permits as required may:

     (a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use;

     (b) Make a public display of fireworks; ((or))

     (c) Transport fireworks, except as a public carrier delivering to a licensee; or

(d) Manufacture, import, transport, store, sell, or possess with intent to sell explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter.

     (2) Except as authorized by a license and permit under subsection (1)(b) of this section or as provided in RCW 70.77.311, no person may discharge special fireworks at any place.

     (3) No person less than eighteen years of age may apply for or receive a license or permit under this chapter.

     (4) No license or permit is required for the possession or use of common fireworks lawfully purchased at retail.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.77 RCW to read as follows:

     (1) A violation of RCW 70.77.255(1)(d) is a gross misdemeanor punishable by not less than thirty days in jail and a fine of not less than five thousand dollars.

     (2) The minimum sentences required under subsection (1) of this section may not be suspended or deferred.

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