H-1924

H-1924.1 _______________________________________________

SUBSTITUTE HOUSE BILL 1391

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State of Washington 56th Legislature 1999 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Hurst, Mielke, Dunshee, Haigh, Kastama, Linville, Morris, Carrell, Grant, Cooper, Lovick, Miloscia, Wood, Hatfield, Gombosky, Conway, Anderson, Eickmeyer, Doumit, Stensen, Kessler, Reardon, Kenney, Campbell, Dickerson, Rockefeller, Wolfe, Thomas, Ogden, Fortunato, Esser and Koster)

Read first time 02/24/1999.

AN ACT Relating to recognition of concealed pistol permits from other states; and amending RCW 9.41.050.

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

Sec. 1. RCW 9.41.050 and 1997 c 200 s 1 are each amended to read as follows:

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

(2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

(3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

(4) Violation of any of the prohibitions of subsection((s)) (1)(a), (2) ((~~and~~)), or (3) of this section is a misdemeanor.

(5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

(6) For purposes of this section, a concealed pistol license means either a license issued under RCW 9.41.070 or a license issued by another jurisdiction outside of this state but within the United States. A license from another jurisdiction is valid for purposes of this section only if:

(a) The license is currently valid in that jurisdiction; and

(b) The jurisdiction appears on a registry maintained by the department of licensing as a jurisdiction that the Washington state patrol has determined:

(i) Has eligibility criteria for the issuance of a concealed pistol license that are at least as restrictive as those in RCW 9.41.070;

(ii) Has administrative procedures and practices for determining eligibility of applicants that are at least as comprehensive and accurate as those used in this state; and

(iii) Recognizes Washington state concealed pistol licenses as valid in that jurisdiction or will recognize Washington licenses upon the inclusion of the jurisdiction in the registry maintained by the department of licensing under this subsection.

(7) It is not necessary for the prosecution to plead or prove the nonexistence of a license from a jurisdiction outside this state in order to prove a charge of a violation of subsection (1)(a) or (2) of this section. It is an affirmative defense to a charge that the defendant lacked a license, which the defendant must prove by a preponderance of the evidence, that at the time of the alleged violation the defendant was the holder of a license from a jurisdiction outside the state and the license was valid under subsection (6) of this section.