SENATE BILL REPORT

SHB 1845

BYHouse Committee on State Government (originally sponsored by Representatives Anderson, Brough, Wineberry, Winsley, Moyer, H. Sommers and Brekke)

Revoking concealed pistol licenses of persons carrying them while under the influence of drugs or alcohol.

House Committe on State Government

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Jon Carlson (786-7459)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 1988

BACKGROUND:

Under the law, a concealed pistol license is revoked immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon a third conviction of the license laws in a five-year period. 

In a number of circumstances, a court may order forfeiture of a fire arm.  One such circumstance is when a firearm is found concealed on a person who is in any place in which a concealed pistol license is required and who is under the influence of drugs or alcohol (.10 blood or breath test for alcohol).

It is suggested that a person's concealed pistol license be revoked immediately in the case where a person's firearm is forfeited because he or she, while under the influence of drugs or alcohol, is found carrying a concealed firearm in a place where a concealed pistol license is required.  Also, it is recommended that a period of time elapse after the forfeiture before the person is allowed to apply for a concealed pistol license.

SUMMARY:

A person's concealed pistol license is revoked immediately if a firearm is forfeited by court order because he or she, while under the influence of drugs or alcohol (.10 blood or breath test for alcohol), is found to be carrying a concealed firearm in a place where a concealed pistol license is required.  A person who is ordered to forfeit a firearm that is revoked as a result of this forfeiture must wait five years before applying for a concealed pistol license.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

A person who is ordered to forfeit a firearm because he or she, while under the influence of drugs or alcohol (.10 blood or breath test), is found to be carrying a concealed firearm in a place where license is required must wait a year before applying for a concealed pistol license.

A person's concealed pistol license is immediately revoked if a firearm is forfeited by court order because he or she, while under the influence of drugs or alcohol (.10 blood or breath test), is found to be carrying a concealed firearm in a place where license is required.  On the first forfeiture the concealed pistol license is revoked for a year; on the second forfeiture the revocation period is two years.  Subsequent forfeitures result in a five-year revocation.

A person whose concealed pistol license is revoked as a result of forfeiture of a firearm due to drugs or alcohol may not reapply for a new license until the end of the revocation period.

All firearms that are legal for citizens to possess and that are forfeited judicially or as unclaimed property must be submitted for auction to commercial sellers.  Ten percent of such firearms may be retained for use by local law enforcement agencies.  Prior to auction, a court may temporarily retain forfeited firearms if needed for evidence.

The public auctioning agency is required to maintain a detailed record of all forfeited firearms and their final disposition.  The records are open to public inspection and copying.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: George E. Benson, City of Seattle (pro); Cal Anderson, State Representative (pro); John A. Hosford, Citizens Committee for the Right to Keep and Bear Arms (pro)