S-0169.1 _______________________________________________
SENATE BILL 5129
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State of Washington 55th Legislature 1997 Regular Session
By Senators McAuliffe, Fairley, Prentice, Fraser, Kohl, Thibaudeau, Pelz, Wojahn, Sheldon, Spanel, Goings and Patterson
Read first time 01/16/97. Referred to Committee on Law & Justice.
AN ACT Relating to access to firearms by minors; adding a new section to chapter 9.41 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:
(1) Except as provided in this section, a person shall not store or keep a loaded firearm on premises under his or her control if he or she knows or reasonably should know that a minor is likely to gain access to the firearm without: (a) The lawful permission of the minor's parent or the person having charge of the minor; or (b) the supervision required by law.
(2) This section does not apply if:
(a) The firearm was stored or left in a securely locked box or container;
(b) The firearm is kept in a location that a reasonable person would have believed to be secure;
(c) The firearm is secured with a trigger lock; or
(d) The minor obtains the firearm as a result of an unlawful entry by any person.
(3)(a) It is a misdemeanor if a person violates subsection (1) of this section and, as a result thereof, a minor gains access to a firearm and possesses or exhibits it, without the supervision required by law:
(i) In a public place; or
(ii) In a reckless or criminally negligent manner.
(b) It is a class C felony if a person violates subsection (1) of this section and, as a result thereof, a minor gains access to a firearm and uses it to inflict injury or death upon himself or herself, or any other person.
(4) As used in this section, "minor" means a person under the age of sixteen.
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