Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Judiciary Committee

HB 1944

Title:  An act relating to background checks at gun shows.

Brief Description:  Preventing illegal firearm sales at gun shows.

Sponsors:  Representatives Carrell, Hurst, Lambert, Kagi, McIntire and Keiser.

Brief Summary of Bill

$Expresses legislative intent to prevent illegal firearms sales at gun shows.

Hearing Date:  2/20/01

Staff:  Bill Perry (786‑7123).

Background: 

The question of restricting non-dealer sales of firearms at gun shows has been a controversial one for the past several years.

Under both state and federal laws "dealers" are required to have licenses in order to sell firearms.  Under state law, dealers include anyone engaged in the business of selling firearms who has or is required to have a federal dealer=s license. 

Under both state and federal law in some situations a person is not required to have a dealer=s license in order to sell firearms.  No dealer=s license is required if a person makes "only occasional sales, exchanges or purchases" as part of a hobby, or to increase or decrease a "personal collection."

All sales and exchanges of firearms are limited by laws against the illegal possession of a firearm.  Persons who are ineligible to possess a firearm include those who have been convicted of any felony or convicted of certain domestic violence misdemeanors, those who have been committed for mental health treatment, and those who are under the age of 18.  It is a class C felony for anyone, dealer or otherwise, to sell a firearm to someone when there is reasonable cause to believe the purchaser is ineligible to possess a firearm.  Whenever a dealer sells a firearm, the dealer is required to have a background check done on the buyer, or the buyer is required to present a concealed pistol license, the issuance of which has already involved a background check.  No such background check or license requirement applies to the non-dealer sale of a firearm, whether at a gun show or elsewhere.

Summary of Bill: 

The Legislature expresses its intent to protect public safety by ensuring there are adequate safeguards against illegal gun sales.

Appropriation:  None.

Fiscal Note:  Not Requested.

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