BILL REQ. #: Z-0019.4
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/02/11. Referred to Committee on Human Services & Corrections.
AN ACT Relating to clarifying the entities to be consulted when determining eligibility to possess a firearm; amending RCW 9.41.047, 9.41.090, and 9.41.173; and reenacting and amending RCW 9.41.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.047 and 2009 c 293 s 2 are each amended to read
as follows:
(1) At the time a person is convicted or found not guilty by reason
of insanity of an offense making the person ineligible to possess a
firearm, or at the time a person is committed by court order under RCW
71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW for
mental health treatment, the convicting or committing court shall
notify the person, orally and in writing, that the person must
immediately surrender any concealed pistol license and that the person
may not possess a firearm unless his or her right to do so is restored
by a court of record. For purposes of this section a convicting court
includes a court in which a person has been found not guilty by reason
of insanity.
The convicting or committing court shall forward within three
judicial days after conviction or entry of the commitment order a copy
of the person's driver's license or identicard, or comparable
information, along with the date of conviction or commitment, to the
department of licensing. When a person is committed by court order
under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77
RCW, for mental health treatment, the committing court also shall
forward, within three judicial days after entry of the commitment
order, a copy of the person's driver's license, or comparable
information, along with the date of commitment, to the national instant
criminal background check system index, denied persons file, created by
the federal Brady handgun violence prevention act (P.L. 103-159).
(2) Upon receipt of the information provided for by subsection (1)
of this section, the department of licensing shall determine if the
convicted or committed person has a concealed pistol license. If the
person does have a concealed pistol license, the department of
licensing shall immediately notify the license-issuing authority which,
upon receipt of such notification, shall immediately revoke the
license.
(3)(a) A person who is prohibited from possessing a firearm, by
reason of having been involuntarily committed for mental health
treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter
10.77 RCW, or equivalent statutes of another jurisdiction may, upon
discharge, petition the superior court to have his or her right to
possess a firearm restored.
(b) The petition may be brought in the superior court that ordered
the involuntary commitment or the superior court of the county in which
the petitioner resides.
(c) Except as provided in (d) of this subsection, the court shall
restore the petitioner's right to possess a firearm if the petitioner
proves by a preponderance of the evidence that:
(i) The petitioner is no longer required to participate in court-ordered inpatient or outpatient treatment;
(ii) The petitioner has successfully managed the condition related
to the commitment;
(iii) The petitioner no longer presents a substantial danger to
himself or herself, or the public; and
(iv) The symptoms related to the commitment are not reasonably
likely to recur.
(d) If a preponderance of the evidence in the record supports a
finding that the person petitioning the court has engaged in violence
and that it is more likely than not that the person will engage in
violence after his or her right to possess a firearm is restored, the
person shall bear the burden of proving by clear, cogent, and
convincing evidence that he or she does not present a substantial
danger to the safety of others.
(e) When a person's right to possess a firearm has been restored
under this subsection, the court shall forward, within three judicial
days after entry of the restoration order, notification that the
person's right to possess a firearm has been restored to the department
of licensing((, the department of social and health services,)) and the
national instant criminal background check system index, denied persons
file.
(4) No person who has been found not guilty by reason of insanity
may petition a court for restoration of the right to possess a firearm
unless the person meets the requirements for the restoration of the
right to possess a firearm under RCW 9.41.040(4).
Sec. 2 RCW 9.41.070 and 2009 c 216 s 5 and 2009 c 59 s 1 are each
reenacted and 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 attorney general 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))
conduct a check through the national instant criminal background check
system, the Washington crime information center, the department of
licensing, 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 attorney general 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, a complete set 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.
Sec. 3 RCW 9.41.090 and 1996 c 295 s 8 are each amended to read
as follows:
(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the
dealer has recorded the purchaser's name, license number, and issuing
agency, such record to be made in triplicate and processed as provided
in subsection (5) of this section. For purposes of this subsection
(1)(a), a "valid concealed pistol license" does not include a temporary
emergency license, and does not include any license issued before July
1, 1996, unless the issuing agency conducted a records search for
disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the
sheriff of the jurisdiction in which the purchaser resides that the
purchaser is eligible to possess a pistol under RCW 9.41.040 and that
the application to purchase is approved by the chief of police or
sheriff; or
(c) Five business days, meaning days on which state offices are
open, have elapsed from the time of receipt of the application for the
purchase thereof as provided herein by the chief of police or sheriff
designated in subsection (5) of this section, and, when delivered, the
pistol shall be securely wrapped and shall be unloaded. However, if
the purchaser does not have a valid permanent Washington driver's
license or state identification card or has not been a resident of the
state for the previous consecutive ninety days, the waiting period
under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining
whether the purchaser meets the requirements of RCW 9.41.040, the chief
of police or sheriff, or the designee of either, shall ((check with the
national crime information center, the Washington state patrol
electronic database, the department of social and health services
electronic database)) conduct a check through the national instant
criminal background check system, the Washington crime information
center, the department of licensing, and ((with)) other agencies or
resources as appropriate, to determine whether the applicant is
ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state
system and national instant criminal background check system, provided
for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et
seq.), to make criminal background checks of applicants to purchase
firearms. However, a chief of police or sheriff, or a designee of
either, shall continue to check ((the department of social and health
services' electronic database and)) with other agencies or resources as
appropriate, to determine whether applicants are ineligible under RCW
9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the
applicant has an outstanding warrant for his or her arrest from any
court of competent jurisdiction for a felony or misdemeanor, the dealer
shall hold the delivery of the pistol until the warrant for arrest is
served and satisfied by appropriate court appearance. The local
jurisdiction for purposes of the sale shall confirm the existence of
outstanding warrants within seventy-two hours after notification of the
application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the warrant
was for an offense other than an offense making a person ineligible
under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040 to
possess a pistol, or (e) an arrest for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, if the records of
disposition have not yet been reported or entered sufficiently to
determine eligibility to purchase a pistol, the local jurisdiction may
hold the sale and delivery of the pistol beyond five days up to thirty
days in order to confirm existing records in this state or elsewhere.
After thirty days, the hold will be lifted unless an extension of the
thirty days is approved by a local district court or municipal court
for good cause shown. A dealer shall be notified of each hold placed
on the sale by local law enforcement and of any application to the
court for additional hold period to confirm records or confirm the
identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the dealer an
application containing his or her full name, residential address, date
and place of birth, race, and gender; the date and hour of the
application; the applicant's driver's license number or state
identification card number; a description of the pistol including the
make, model, caliber and manufacturer's number if available at the time
of applying for the purchase of a pistol. If the manufacturer's number
is not available, the application may be processed, but delivery of the
pistol to the purchaser may not occur unless the manufacturer's number
is recorded on the application by the dealer and transmitted to the
chief of police of the municipality or the sheriff of the county in
which the purchaser resides; and a statement that the purchaser is
eligible to possess a pistol under RCW 9.41.040.
The 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. State permission to purchase a firearm is not a defense to a federal prosecution.
Sec. 4 RCW 9.41.173 and 2009 c 216 s 3 are each amended to read
as follows:
(1) In order to obtain an alien firearm license, a nonimmigrant
alien residing in Washington must apply to the sheriff of the county in
which he or she resides.
(2) The sheriff of the 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 license shall be good for two years. The issuing authority shall
not refuse to accept completed applications for alien firearm licenses
during regular business hours. An application for a license may not be
denied, unless the applicant's alien firearm license is in a revoked
status, or the applicant:
(a) Is ineligible to possess a firearm under the provisions of RCW
9.41.040 or 9.41.045;
(b) 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;
(c) Is free on bond or personal recognizance pending trial, appeal,
or sentencing for a felony offense; or
(d) Has an outstanding warrant for his or her arrest from any court
of competent jurisdiction for a felony or misdemeanor.
No license application shall be granted to a nonimmigrant alien
convicted of a felony unless the person has been granted relief from
disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or
unless RCW 9.41.040 (3) or (4) applies.
(3) The sheriff shall ((check with the national crime information
center, the Washington state patrol electronic database, the department
of social and health services electronic database)) conduct a check
through the national instant criminal background check system, the
Washington crime information center, the department of licensing, 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.
(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 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.