HOUSE BILL ANALYSIS

                  HB 1408 

Title:  An act relating to the carrying of a concealed pistol by persons from another state.

Brief Description:  Authorizing carrying of concealed pistols by certain persons from out of state.

Sponsors:  Representatives Mielke, Sheahan, Doumit, Pennington, Mulliken, Sterk, Thompson, Dunn and Sullivan.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  Person's 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 (CPL) is required before a person may legally carry a concealed pistol.

ELIGIBILITY FOR A CPL.  A person may apply to the city or county of his or her residence for a CPL.  Certain qualifications must be met before a person may be issued a CPL.  A person who applies for a concealed pistol license must:

oBe eligible to possess a firearm;

oBe 21 or older;

oNot be subject to an injunction regarding firearms;

oNot be pending trial, appeal, or sentencing for a felony offense;

oNot be subject to an outstanding arrest warrant for any crime; and

oNot have been within the past year ordered to forfeit a firearm for possessing a concealed firearm while intoxicated in a place where a concealed pistol license is required.

A person is not eligible to possess a firearm, and therefore is not eligible for a CPL, if he or she has been convicted of any felony or convicted of certain misdemeanors committed against a family or household member, or if he or she has been involuntarily committed for mental health reasons.  Restoration of rights is available under some circumstances and after varying periods of time for some of these disqualifying conditions.

BACKGROUND CHECKS.  In order to get or renew a Washington State CPL, a person must pay a fee and undergo a state and federal criminal history background check, including fingerprinting, to determine if the person is eligible. 

PRIVILEGES OF CPL OWNERSHIP.  In addition to authorizing a person to carry a pistol concealed on his or her person, a CPL also affords other privileges.  Possession of a valid CPL exempts a person from an otherwise applicable five-day waiting period for the purchase of a pistol.  Washington State's requirements for a CPL qualify possessors of CPLs for this exemption under the federal ABrady Law.@  Possession of a CPL also exempts a person from the otherwise applicable ban on the open possession of a firearm in a public place.

EXEMPTIONS FROM REQUIREMENT FOR A CPL.  Several exemptions are provided from the requirement for a CPL in order to carry a concealed pistol.  Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers are exempted.  Also exempted are federal officers and military members, persons engaged in various firearms manufacturing or dealing jobs, and persons while engaged in various activities such as sport shooting, gun collecting, or outdoor recreation.

Summary of Bill:  A valid CPL issued in another state exempts a person from the requirement of a Washington CPL in order to conceal a pistol on his or her person.  Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers, from other states are given the same exemption from the requirement for a Washington CPL.

Fiscal Note:  Not requested.

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

                 Office of Program Research