BILL REQ. #:  H-3903.1 

Prefiled 12/21/09. Read first time 01/11/10.   Referred to Committee on Judiciary.

     AN ACT Relating to liability for the criminal use of firearms sold at gun shows or events; and adding a new section to chapter 9.41 RCW.

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 person who sells, delivers, or otherwise transfers, at a gun show or event, a firearm to any person whom a criminal background check in accordance with RCW 9.41.090 and 18 U.S.C. Sec. 921 et seq. would have revealed was ineligible under RCW 9.41.040 to possess a firearm, is strictly liable for damages for the injury or death of another person that results from the criminal use of that firearm by any person.
     (2) For the purposes of this section, "gun show or event" means a place or event, a gun trade show, gun collectors' show, flea market, or auction, other than a permanent retail store, at which three or more individuals assemble to display, sell, lease, or transfer new or used firearms or firearm components to the public and that is not exempt from collecting sales tax under RCW 82.08.0251. "Gun show or event" includes the entire premises provided for the gun show or event, including parking areas near the gun show or event that the sponsor knows or should reasonably know will be used for parking for the gun show or event.