HOUSE BILL REPORT

SB 5853

BYSenators Pullen, Talmadge, McCaslin, Rasmussen, Thorsness, Hayner, Nelson and Cantu

Penalizing use of a machine gun in a felony.

House Committe on Judiciary

Majority Report:  Do pass.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Hargrove, Inslee, P. King, Locke, Moyer, H. Myers, Patrick, Scott, D. Sommers and Tate.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE APRIL 14, 1989

BACKGROUND:

Current law prohibits any person from manufacturing, owning, buying, selling, loaning, furnishing, transporting, possessing or controlling machine guns.  Persons violating this prohibition are guilty of an unranked felony. Specified law enforcement personnel and related persons are exempt from this prohibition.

SUMMARY:

A person who discharges, menaces, or threatens another person with a machine gun while committing or furthering a felony other than felony possession of a machine gun under RCW 9.41.190, is guilty of a class A felony.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Alan Wallis, Washington Association of Sheriffs and Police Chiefs; Rick Jensen, Washington State Patrol; Charles Marsh, Washington State Council of Police Officers.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Increasing the penalties for illegal use of machine guns is an area where there may be some consensus in the controversy over gun control.  These statutory changes will make use of a machine gun a more serious offense than many underlying felony offenses, including drug-related offenses, in which a machine gun is used.  Increasing the penalties for illegal use of a machine gun may deter crime.

House Committee - Testimony Against:      None Presented.