H-0867.1  _______________________________________________

                          HOUSE BILL 1391

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

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 01/22/1999.  Referred to Committee on Judiciary.

Clarifying the recognition of concealed pistol permits from other states.

    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 subsections (2) and (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 Washington state department of licensing, after consultation with the Washington state patrol, has adopted a rule identifying the jurisdiction as one that:

(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 state or will recognize Washington licenses upon the department's identification of the jurisdiction under this subsection.

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