HB 2078 - H AMD 397

By Representative Ballasiotes

On page 1, beginning on line 5, strike all of section 1 and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 9A.36 RCW to read as follows:

(1) Except as otherwise provided in this section, a person is guilty of a misdemeanor if the person stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm, and a child obtains possession of the firearm.

(2) If a death or serious injury occurs as a result of a violation of this section, the person is guilty of a gross misdemeanor.

(3) This section does not apply if:

(a) The firearm was secured in a locked box, gun safe, or other secure locked storage space, or was secured with a trigger lock or other similar device that prevents the firearm from discharging;

(b) The child's access to the firearm was supervised by an adult;

(d) The child's access to the firearm occurred during a law enforcement officer's performance of official duties; or

(e) The child's access to the firearm was in accordance with the provisions of RCW 9.41.042.

(4) If a death or serious injury occurs as a result of an alleged violation of this section, the prosecuting attorney shall consider the impact of the death or serious injury on the person who allegedly violated this section when deciding whether to file charges. If a person who allegedly violated this section is a family member of the child accidentally shot or killed, then an arrest may not be made until seven days after the shooting.

(5) For the purposes of this section:

(a) "Child" means a person under the age of fifteen years; and

(b) The definitions in RCW 9.41.010 apply."