H-4493              _______________________________________________

                                                   HOUSE BILL NO. 1908

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Fuhrman, Padden and Amondson

Read first time 1/29/88 and referred to Committee on Judiciary.

AN ACT Relating to the right to bear arms;  adding a new section to chapter 82.32 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The right to keep and bear arms has been guaranteed to the people of this state and nation under the second and fourteenth amendments of the Constitution of the United States of America and Article I, section 24 of the Constitution of the state of Washington.  The legislature recognizes the importance of both protecting this right and ensuring that the citizens of this state exercise this inalienable right responsibly.

          The legislature has found it necessary to require persons to have licenses to carry concealed weapons.  However, to protect citizens' constitutional rights from unequal and sometimes unfair administration by local jurisdictions issuing licenses, local jurisdictions are required to comply with state requirements. Some jurisdictions flagrantly violate the state laws protecting citizens' constitutional rights by refusing to accept cash for the license; requesting information that they are not permitted to request under state law such as photographs, birth certificates, and baptismal records; and imposing a tax of twelve dollars on the purchase of handguns.

         The legislature finds that strong measures are necessary to ensure that local jurisdictions do not misuse taxpayers' hard-earned dollars to deprive taxpayers of some of their most basic rights.  The legislature finds that it is the duty of the legislature, consistent with the oath of office sworn by each legislator, to provide incentives for local jurisdictions to comply with state law.

NEW SECTION. Sec. 2.  A new section is added to chapter 82.32 RCW to read as follows:

          (1) Any taxes collected by the department on behalf of a city, town, or county shall not be distributed to that city, town, or county if the city, town, or county fails to exercise its authority to issue concealed weapon licenses in a manner consistent with RCW 9.41.070.

          (2)  The department shall withhold the taxes until the city, town, or county complies with RCW 9.41.070, upon a finding of noncompliance by:

          (a)  A hearing examiner from the department;

          (b)  A superior court or district court judge;

          (c)  Concurrent resolution by the legislature;

          (d)  Executive order by the governor; or

          (e)  An opinion of the state attorney general.

          (3)  Any citizen of the state of Washington may petition for the commencement of an action by any of the entities under subsection (2) of this section.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.