AN ACT Relating to establishing the Washington state firearms civil rights act; adding new sections to chapter 9.41 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION.  Sec. 2.  A new section is added to chapter 9.41 RCW to read as follows:

The Washington state legislature finds that the right to keep and bear arms embodied in the federal and state Constitutions is a fundamental freedom that existed long before the founding of this nation and state and this right should continue to be protected, nurtured, and expanded. The legislature further finds that the founding fathers of our nation and state wanted to have firearms in the hands of ordinary citizens as a means of protecting freedom and deterring potential despots from undermining our constitutional republic by force. The American revolution was won by an armed populace against the British standing army.

George Mason, coauthor of the second amendment and along with James Madison, is called the "Father of the United States Bill of Rights," stated during Virginia's Convention to Ratify the Constitution in 1788, "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Washington, America's first president, said, "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. From the hour the Pilgrims landed, to the present day, events, occurrences and tendencies prove that to ensure peace, security and happiness, the rifle and pistol are equally indispensable. The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that's good." Thomas Jefferson, author of the Declaration of Independence and third president of the United States, said, "No freeman shall ever be debarred the use of arms" and "Those who hammer their guns into plowshares will plow for those who do not." Alexander Hamilton, in the federalist papers, wrote "The best we can help for concerning the people at large is that they be properly armed." Thomas Paine, American pamphleteer and author of "Common Sense" said, "The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like laws, discourage and keep the invader and plunderer in awe, and preserve order in the world as property... Horrid mischief would ensue were the law-abiding deprived of the use of them... The great object is that every man be armed! Everyone who is able may have a gun."

The founding fathers clearly understood that the possession and use of firearms could on occasion result in unfortunate consequences as a result of criminal behavior or a tragic accident, and the large number of lives that are lost whenever freedom is destroyed and an oppressive government is established; however, they also realized the many lives that would be saved as a result of the right to bear arms helping to preserve freedom and resist tyranny.

History has vindicated the wisdom of our founding fathers. While citizens in the United States have experienced unprecedented freedom, peace, security and happiness, the world has witnessed six million Jews murdered by Adolf Hitler, fifteen million Russians slaughtered by Joseph Stalin, and an estimated sixty million Chinese murdered in communist China, none of whom were allowed to possess firearms.

As a result of these lessons from history, it is the intent of the legislature to promote freedom and protect public safety by enacting the Washington state firearms civil rights act and by imposing civil and criminal penalties on any person or public official who unlawfully or unconstitutionally interferes with the right of a citizen to keep and bear arms, or who criminally possesses or uses a firearm.

NEW SECTION.  Sec. 3.  A new section is added to chapter 9.41 RCW to read as follows:

(1) A person shall be guilty of denial of firearms civil rights if he or she is a public official and:

(a) Denies or causes the denial of the issuance or renewal of a concealed pistol license to an applicant who is qualified for a concealed pistol license under state law;

(b) Requires or requests an applicant for a concealed pistol license to provide additional information beyond that required by state law, or causes such requirement or request to be made;

(c) Confiscates or orders forfeiture of, without authority of state law or without due process of law, a citizen's firearm, firearm part or accessory, or ammunition, or establishes a policy or practice of such confiscation or forfeiture;

(d) Prohibits a licensed or individual seller of a firearm, firearm part or accessory, or ammunition, without the authority of state law or without due process of law, from delivering the firearm, firearm part or accessory, or ammunition, to a purchaser, or causes such prohibition to be made; or

(e) Orders or impedes, without authority of state law or without due process of law, a licensed seller to delay delivery of a firearm to a purchaser beyond the time limit specified in state law, or causes such order or impediment to be made.

(2) The fact or claim that a public official was acting under the direction of an employer or supervisor is not a defense to an action under subsection (1) of this section.

(3) This section applies both to employees who violate a provision of this section and to any employers or supervisors who require or order an employee to violate a provision of this section or know of such violation and acquiesce to the violation.

(4) For the purposes of this section, "public official" means any person employed by the state or by any political subdivision, or by any agency thereof, and any elected or appointed official thereof.

(5) Denial of firearms civil rights is a gross misdemeanor.

NEW SECTION.  Sec. 4.  A new section is added to chapter 9.41 RCW to read as follows:

A person whose firearms civil rights have been denied or infringed under section 3 of this act shall be awarded civil damages equal to one thousand dollars for each violation plus reasonable attorneys' fees, and costs associated with efforts to seek civil remedies and regain the person's firearms civil rights. The civil remedies may be sought regardless of whether or not criminal charges are filed pursuant to section 3 of this act; and the petitioner's case shall not be prejudiced by the fact that criminal charges were not filed. The civil action may be brought in the county where the violation occurred or in the county where the petitioner resides at the discretion of the petitioner.

NEW SECTION.  Sec. 5.  A new section is added to chapter 9.41 RCW to read as follows:

The following additional times shall be added to the standard sentence range:

(1) Thirty-six months for any person who possesses a firearm while committing a crime;

(2) Seventy-two months for any person who brandishes a firearm while committing a crime; and

(3) One hundred eight months for any person who discharges a firearm while committing a crime.

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