BP BHEAD INT S

AN ACT Relating to access to firearms by minors; adding new sections to chapter 9.41 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) The legislature finds that placing firearms within the reach or easy access of children is irresponsible and encourages accidents that result in serious injury or death. Legislative action is necessary to prohibit negligently stored firearms and to protect the safety of our children.

(2) It is the intent of the legislature that adult citizens of the state retain their state constitutional right to keep and bear firearms for hunting and sporting activities, for defense of self, family, home, and business, and as collectibles. Nothing in sections 2 through 5 of this act is to be construed to reduce or limit any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.

NEW SECTION. Sec. 2. (1) It is unlawful for any person to store or keep a firearm, whether loaded or unloaded, on any premises under his or her control if the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the parent or guardian of the child.

(2) If a person violates subsection (1) of this section and as a result a child gains access to the firearm without the permission of the parent or guardian of the child, and the child possesses or exhibits it:

(a) In a public place; or

(b) In a reckless or criminally negligent manner,

the person who has violated subsection (1) of this section is guilty of a misdemeanor.

(3) If a person violates subsection (1) of this section and as a result a child obtains the firearm and uses it to inflict injury or death upon himself or herself or another person, the person who has violated subsection (1) of this section is guilty of a class C felony under chapter 9A.20 RCW.

(4) Subsections (2) and (3) of this section do not apply:

(a) If the firearm was stored or left in a securely locked box or container or in a location that a reasonable person would have believed to be secure, or was securely locked with a trigger lock;

(b) If the child obtains the firearm as a result of an unlawful entry by any person;

(d) To members of the armed forces, national guard, or state militia, or to police or other law enforcement officers, with respect to firearm possession by a child that occurs during or incidental to the performance of their official duties.

NEW SECTION. Sec. 3. If a child is accidentally shot by another family member, no arrest may be made pursuant to section 2 of this act prior to seven days after the date of the shooting. With respect to any parent or guardian of any deceased child, the investigating officers shall file all findings and evidence with the prosecuting attorney's office with respect to violations of section 2 of this act. The prosecuting attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file charges against the appropriate parties. The prosecuting attorney shall consider the impact of the death on the person who allegedly violated section 2 of this act, among other factors, when deciding whether to prosecute an alleged violation.

NEW SECTION. Sec. 4. (1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states in block letters not less than one-fourth inch in height:

IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD.

(2) Any retail or wholesale store, shop, or sales outlet that sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD.

(3) Any person or business knowingly violating a requirement to provide warning under this section is guilty of a misdemeanor.

NEW SECTION. Sec. 5. As used in sections 2 through 4 of this act, "child" means any person under the age of eighteen.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 9.41 RCW.

NEW SECTION. Sec. 7. This act shall take effect January 1, 1997.