AN ACT Relating to the right to bear arms; adding new sections to chapter 9.41 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2. The Washington state legislature finds that the state and federal constitutional right to keep and bear arms is a fundamental freedom which should be protected, nurtured, and expanded. The legislature also finds that the founding fathers of our state and nation 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.

George Washington said, "Firearms stand next in importance to the constitution itself . . . 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 anywhere and everywhere restrains evil influence--they deserve a place of honor with all that's good . . ." Thomas Jefferson said, "No free man shall ever be debarred the use of arms." Patrick Henry stated, "The great object is that every man be armed!sc ,1.!sc ,1.!sc ,1. Everyone who is able may have a gun."

The founding fathers realized that the possession and use of firearms could on occasion result in sad consequences through criminal behavior or a tragic accident. 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 the large number of lives that are lost whenever freedom is destroyed and a tyrannical government is established. History has vindicated the wisdom of our founding fathers. While citizens in the United States have experienced unprecedented freedom, the rest of 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 "Firearm Civil Rights Act of 1988" and by imposing stiff 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. This act shall be known and may be cited as the "Firearms Civil Rights Act of 1988."

NEW SECTION. Sec. 4. (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 weapons license to an applicant who is qualified under this chapter or other state laws; or

(b) Requests the applicant to provide additional information beyond that required by RCW 9.41.070 or causes such request to be made; or

(c) Confiscates or orders forfeiture of a citizen's firearms without authority under state statutes or without due process of law or sets the policy for such confiscation or forfeiture; or

(d) Prohibits a commercial seller from delivering a firearm to a purchaser without good cause, lawful authority under state statutes, or due process of law or causes such prohibition to be made; or

(e) Orders a commercial seller to delay delivery of a firearm to a purchaser beyond the usual five-day limit specified in RCW 9.41.090 without good cause, lawful authority under state statutes, or due process of law or causes such order to be made.

(2) The fact or claim that a public official was acting under the direction of a superior is not a defense to an action under subsection (1) of this section. 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. For the purposes of this section, "public official" means any person employed by any state or local government and any political subdivision or agency, or any elected official thereof.

(3) Denial of firearm civil rights is a gross misdemeanor.

(4) Any person who is convicted of unlawfully possessing, carrying, or using a firearm, or of committing any other crime while armed with a firearm shall have sixty months additional time added to the entire presumptive sentence range as determined under RCW 9.94A.310.

NEW SECTION. Sec. 5. A person whose firearms civil rights have been denied under section 4 of this act shall be awarded civil damages equal to one thousand dollars for each violation plus attorney fees and compensation for loss of income, loss of wages, loss of fringe benefits, transportation expenses, communication expenses, and all other costs associated with efforts to regain the person's firearms civil rights and seek civil remedies. The civil remedies may be sought regardless of whether or not criminal charges are filed pursuant to section 4 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. 6. The attorney general may initiate a civil or criminal action for violation of section 4 of this act.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are added to chapter 9.41 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.