SENATE BILL REPORT

SB 5710

BYSenator Tanner

Prohibiting the sale of sawed-off shotguns and rifles.

Senate Committee on Judiciary

Senate Hearing Date(s):February 25, 1987; March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5710 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Jon Carlson (786-7459)

                  March 2, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 2, 1987

BACKGROUND:

The danger presented by sawed-off or modified shotguns is of real concern to citizens and law enforcement alike.  Under federal law, it is illegal to possess or sell a sawed-off shotgun unless proper registration procedures are followed. However, current state law does not require any registration procedures with respect to the possession or sale of sawed-off shotguns, and local ordinances are unenforceable because of state preemption in the area of firearms law.  Language is suggested which parallels the federal requirements with respect to sawed-off or modified shotguns.

In a number of states, lawsuits have been filed against handgun manufacturers and dealers alleging that handguns are unreasonably dangerous per se.  The theory is that a handgun is defective in design because it can be used to cause injury or death.  Thus, a manufacturer or dealer could be held liable any time that it produced or sold a handgun used in the commission of a crime.  The concern is that this approach to handgun liability would ultimately threaten the ownership and use of firearms by law-abiding citizens.

Prior to November 1986, federal law prohibited a person convicted of a felony from possessing, transporting, or receiving firearms.  This prohibition applied even if the defendant had his record expunged by the court.  As of November 15, 1986, it is no longer a violation of the Federal Gun Control Act for a person whose conviction has been expunged under state law to possess, receive, or transport a firearm unless there is a specific prohibition in the expungement order.  Current Washington law does not authorize a judge who expunges a defendant's record and restores all civil liberties to restrict the defendant's right to possess, transport, or receive firearms.

SUMMARY:

A person is prohibited from buying, selling, trading, or possessing any shotgun with a barrel length of less than eighteen inches or overall length of less than twenty-six inches.  This prohibition also applies to any rifle with a barrel length of less than sixteen inches or an overall length of less than twenty-six inches.

EFFECT OF PROPOSED SUBSTITUTE:

Definitions for "shotgun" and "short shotgun" are provided.

It is unlawful for any person to receive or possess a short shotgun which is not registered to the person pursuant to the national firearms registration and transfer record.  It is also unlawful for any person to obliterate or remove the serial number or other identification of a short shotgun.  Violation of any of these provisions is a Class C felony.

A firearm or ammunition is not defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury or death.

A judge who expunges a defendant's record may prohibit the defendant from possessing, transporting, or receiving firearms if the defendant's convictions are for certain drug offenses or violent felonies.

Fiscal Note:      none requested

Senate Committee - Testified: Senator Tanner; Brian Judy, National Rifle Association; Ted Cowan, Washington State Sportsmen's Council; Hal Mahnke, Longview Police Department; J.K. Johnson, Washington State Muzzleloaders; Howard Risdon, Washington Arms Collectors; Rick Jensen, Washington State Patrol; Bobby Bowman, Cascade Mountain Men; Gerald Unger, National Association to Keep and Bear Arms; Ben Hagmann; Virgil Gunning, American Pistol and Rifle Association