BILL REQ. #:  H-2089.1 



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SECOND SUBSTITUTE HOUSE BILL 1052
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State of Washington61st Legislature2009 Regular Session

By House General Government Appropriations (originally sponsored by Representatives Moeller, Williams, Blake, Chase, and Kretz)

READ FIRST TIME 02/19/09.   



     AN ACT Relating to firearm licenses for persons from different countries; amending RCW 9.41.070, 9.41.097, and 9.41.0975; adding a new section to chapter 9.41 RCW; repealing RCW 9.41.170; 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)(a) It is a class C felony for a nonimmigrant alien residing in Washington to carry or possess any firearm, without having first obtained an alien firearm license.
     (b) The sheriff of a county shall within sixty days after the filing of an application of a nonimmigrant alien residing in the state of Washington, issue an alien firearm license to such person to carry or possess a firearm for the purposes of hunting and sport shooting. The permit shall be good for two years or until the nonimmigrant alien permanently leaves the state. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. The applicant's privilege to bear arms may not be denied, unless the applicant's alien firearm license is in a revoked status, or the applicant:
     (i) Is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;
     (ii) Is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
     (iii) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense; or
     (iv) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor.
     No nonimmigrant alien convicted of a felony may have his or her privilege to possess firearms granted unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or unless RCW 9.41.040 (3) or (4) applies.
     (c) The issuing authority shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm.
     (d) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of fingerprints, and signature of the applicant, a copy of the applicant's passport and visa showing the applicant is in the country legally, and a valid Washington hunting license or documentation that the applicant is a member of a sport shooting club.
     A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring court or law enforcement agency.
     The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol.
     The license and application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


     The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a firearm. The nonimmigrant alien applicant shall be required to produce a passport and visa as evidence of being in the country legally.
     The license may be in triplicate or in a form to be prescribed by the department of licensing. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
     The department of licensing shall make available to law enforcement and corrections agencies, in an online format, all information received under this subsection.
     (e) The nonrefundable fee, paid upon application, for the two-year license shall be fifty dollars plus additional charges imposed by the Washington state patrol and the federal bureau of investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license. The fee shall be retained by the issuing authority.
     (f) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
     (g) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
     (h) A person who knowingly makes a false statement regarding citizenship or identity on an application for an alien firearm license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the alien firearm license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for an alien firearm license.
     (i) A nonimmigrant alien may apply for an alien firearm license to the county in which the applicant resides.
     (2) It is a class C felony for a nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, to carry or possess any firearm unless the alien possesses:
     (a) A valid passport and visa showing he or she is in the country legally;
     (b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
     (c)(i) A valid hunting license issued by a state or territory of the United States; or
     (ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.
     (3) It is a class C felony for a citizen of Canada to carry or possess any firearm unless he or she possesses:
     (a) Valid documentation as required for entry into the United States;
     (b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and
     (c)(i) A valid hunting license issued by a state or territory of the United States; or
     (ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.

Sec. 2   RCW 9.41.070 and 2002 c 302 s 703 are each amended to read as follows:
     (1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
     The applicant's constitutional right to bear arms shall not be denied, unless:
     (a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;
     (b) The applicant's concealed pistol license is in a revoked status;
     (c) He or she is under twenty-one years of age;
     (d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
     (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;
     (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or
     (g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.
     No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
     (2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
     (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
     (4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, ((not more than two)) a complete set((s)) of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
     The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.
     The license and application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


     The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall, if applicable, meet the additional requirements of ((RCW 9.41.170)) section 1 of this act and produce proof of compliance with ((RCW 9.41.170)) section 1 of this act upon application. The license ((shall)) may be in triplicate ((and)) or in a form to be prescribed by the department of licensing.
     The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.
     The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.
     (5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.
     The fee shall be distributed as follows:
     (a) Fifteen dollars shall be paid to the state general fund;
     (b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
     (c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
     (d) Three dollars to the firearms range account in the general fund.
     (6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.
     The renewal fee shall be distributed as follows:
     (a) Fifteen dollars shall be paid to the state general fund;
     (b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
     (c) Three dollars to the firearms range account in the general fund.
     (7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.
     (8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
     (9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:
     (a) Three dollars shall be deposited in the state wildlife ((fund)) account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to each applicant for a license; and
     (b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
     (10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.
     (11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.
     (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
     (13) A person may apply for a concealed pistol license:
     (a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
     (b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
     (c) Anywhere in the state if the applicant is a nonresident.

Sec. 3   RCW 9.41.097 and 2005 c 274 s 202 are each amended to read as follows:
     (1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol under RCW 9.41.090.
     (2) Mental health information received by: (a) The department of licensing pursuant to RCW 9.41.047 or ((9.41.170)) section 1 of this act; (b) an issuing authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or ((9.41.170)) section 1 of this act; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.56.240(4).

Sec. 4   RCW 9.41.0975 and 1996 c 295 s 9 are each amended to read as follows:
     (1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
     (a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
     (b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
     (c) For issuing a concealed pistol license or alien firearm license to a person ineligible for such a license;
     (d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;
     (e) For revoking or failing to revoke an issued concealed pistol license or alien firearm license;
     (f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license or alien firearm license;
     (g) For issuing a dealer's license to a person ineligible for such a license; or
     (h) For failing to issue a dealer's license to a person eligible for such a license.
     (2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
     (a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
     (b) Directing a law enforcement agency to approve an application to purchase wrongfully denied;
     (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application be corrected; or
     (d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.
     The application for the writ may be made in the county in which the application for a concealed pistol license or alien firearm license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.

NEW SECTION.  Sec. 5   RCW 9.41.170 (Alien's license to carry firearms -- Exception) and 1996 c 295 s 11, 1994 c 190 s 1, 1979 c 158 s 3, 1969 ex.s. c 90 s 1, & 1953 c 109 s 1 are each repealed.

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