SENATE BILL REPORT

SB 6148

BYSenators Pullen, Halsan, Garrett, Johnson and Barr

Revising certain procedures for applying for concealed pistol licenses.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 13, 1988; January 14, 1988

Majority Report:  That Substitute Senate Bill No. 6148 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi.

Senate Staff:Jon Carlson (786-7459)

                  January 14, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 14, 1988

BACKGROUND:

Under current law, an applicant for a concealed pistol license who does not have a valid permanent Washington driver's license, Washington state identification card, or has not been a resident of the state for the previous ninety days may have to wait up to sixty days before receiving the pistol license while the issuing authority conducts a background check.  However, there have been instances when the issuing authority has asked applicants to produce forms of identification, such as birth certificates and baptismal records, that are not specifically required by statute. 

Present law requires the licensee to pay twenty dollars for the issuance of a four-year concealed pistol license, yet the statute is silent with respect to the method of payment.  In addition, there is concern that a licensee may be subject to prosecution for violations due to an expired license during the ninety-day renewal period after the expiration of the license.

The Public Disclosure Act requires that all public records, which include concealed pistol license applications, be made available for inspection and copying unless the record falls within a specific exemption.  It is suggested that concealed pistol license applications be exempted from the disclosure requirements of the act.

SUMMARY:

The requirements pertaining to concealed pistol license applications are clarified.  The application must contain questions regarding the applicant's birthplace, citizenship and, if the applicant is not a United States citizen, whether he or she intends to become a citizen.  The application also must ask a noncitizen to state whether he or she is required to register with the state or federal government, and produce any identification or registration number, if available.  The applicant is not required to show a birth certificate or other evidence of citizenship.  A person who makes a false statement on the application is guilty of a misdemeanor.

Payment of the concealed pistol license fee may be made by cash, check, or money order at the option of the applicant.  The issuing authority may allow for other methods of payment. 

A person cannot be charged with any violation due to an expired concealed pistol license if the person pays the renewal and late penalty fees within ninety days after the license expiration date.

Concealed pistol license applications are exempt from the disclosure requirements of the Public Disclosure Act.

EFFECT OF PROPOSED SUBSTITUTE:

The language which states that a person cannot be charged with any violation due to an expired concealed pistol license if the person pays the renewal and late penalty fees during the renewal period is deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ted Cowan, Washington State Sportsmen's Council