HOUSE BILL ANALYSIS

                  HB 1978 

Title:  An act relating to disposal of firearms.

Brief Description:  Providing alternative methods for the disposal of firearms in the possession of the state patrol.

Sponsors:  Representatives Sheahan, Mitchell and O'Brien; by request of Washington State Patrol.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  Law enforcement agencies may come into possession of firearms in a number of ways.  Sometimes firearms may be evidence seized in a criminal investigation.  Sometimes they may be unclaimed property found or otherwise acquired by an agency.

Seized or unclaimed firearms may be disposed of in a variety of ways.

Under a number of situations, a court may order the Aforfeiture@ of a seized firearm.  Forfeiture amounts to eliminating the previous owner's rights to the firearm.  Forfeiture may by ordered if a firearm is:

oFound concealed on a person who does not have a permit;

oA pistol commercially sold without the required application;

oIllegally possessed by an ineligible person;

oPossessed by a person committing certain crimes;

oPossessed by a person under the influence who is in a place where a pistol license is required;

oPossessed by a person pending trial, appeal, or sentencing for certain non-game law violations;

oPossessed by a mentally incompetent person;

oUsed or displayed in violation of a court order; or

oUsed or displayed in the commission of certain crimes.

At the time of forfeiture, the court may order destruction of a firearm.

Under the unclaimed property laws, a firearm may be disposed of following prescribed attempts to notify the rightful owner. 

Since 1993, any judicially forfeited or unclaimed firearm in the possession of a local government may be disposed of in Aany manner@ determined by the local legislative authority.

Firearms in the possession of the Washington State Patrol (WSP), however, are subject to certain restrictions.  A firearm held by the WSP:  (1) must be destroyed if it's illegal to possess; (2) may be retained for agency use - but not more than 10 percent of the firearms held may be retained; or (3) auctioned or traded to a licensed dealer.

Summary of Bill:  The WSP is given authority to destroy unclaimed or judicially forfeited firearms in its possession.  Existing provisions requiring destruction of illegal firearms, and allowing retention, auction, or trade of firearms remain in effect.

Fiscal Note:  Not requested.

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

                 Office of Program Research