BILL REQ. #:  H-4149.1 

READ FIRST TIME 01/18/10.   

     AN ACT Relating to issuing firearms certificates to retired law enforcement officers; and amending RCW 36.28A.090.

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

Sec. 1   RCW 36.28A.090 and 2006 c 40 s 1 are each amended to read as follows:
     (1) The purpose of this section is to establish a process for issuing firearms certificates to residents of Washington who are otherwise qualified retired law enforcement officers under the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C) for the purpose of satisfying the certification requirements contained in ((the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C))) that act.
     (2) A retired law enforcement officer satisfies the federal certification requirements if he or she possesses a valid firearms qualification certificate that:
     (a) Uses the model certificate created under subsection (4) of this section;
     (b) Provides that either a law enforcement agency or an individual or entity certified to provide firearms training acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state; and
     (c) Complies with the time restrictions provided under subsection (3) of this section.
     (3) The firearms certificate is valid for a period of one year from the date that the law enforcement agency or individual or entity certified to provide firearms training determines that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state, and the certificate shall state the date the determination was made.
     (4) The Washington association of sheriffs and police chiefs shall develop a model certificate that shall serve as the required firearms qualification certificate ((form to be used by local law enforcement agencies when issuing firearms certificates to retired law enforcement officers under this section)) once the certificate is valid pursuant to subsection (2) of this section. The association shall make the model certificate accessible on its web site. The model certificate shall state that the retired law enforcement officer bearing the certificate has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state.
     (((3) A retired law enforcement officer who is a resident of Washington may apply for a firearms certificate with a local law enforcement agency. The local law enforcement agency may issue the firearms certificate to a retired law enforcement officer if the officer:
     (a) Has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualifications for active law enforcement officers in the state; and
     (b) Has undergone the same background check as required under RCW 9.41.070 and is not ineligible to possess a firearm under RCW 9.41.040 or 9.41.045.
     (4) The qualification required under [subsection] (3)(a) of this section may be performed by the local law enforcement agency or by an individual or entity certified to provide firearms training.
     (5) The firearms certificate is valid for a period of one year. An applicant for the firearms certificate shall pay a fee of thirty-six dollars, plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. The fee shall be distributed in the same manner as the fee for a concealed pistol license under RCW 9.41.070.))
     (5) The retired law enforcement officer is ((also)) responsible for paying the costs of the firearms qualification required under (([subsection] (3)(a))) subsection (2) of this section.
     (6) Nothing in this section shall be deemed to require a local law enforcement agency to complete the certificate.