SENATE BILL REPORT

SB 5231

BYSenators Pullen, Madsen and Metcalf

Defining "antique firearms."

Senate Committee on Law & Justice

Senate Hearing Date(s):January 11, 1989; January 19, 1989

Majority Report:  Do pass.

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

Senate Staff:Jon Carlson (786-7459)

                  March 16, 1989

AS PASSED SENATE, MARCH 15, 1989

BACKGROUND:

In 1954, Congress enacted legislation which exempted antique firearms manufactured in or prior to 1898, including replicas, from the procedural and substantive requirements of federal firearms regulations.  However, the state exemption applies only to antique pistols and revolvers, and fails to exempt replica antique firearms such as black powder gun kits.  Dealers and purchasers who conduct an in-state transaction involving an antique replica firearm are subject to the same paperwork and five-day waiting period requirement as for a modern firearm.  Yet, if a replica antique firearm is acquired through an interstate mail-order purchase, the buyer is not subject to any waiting period requirement.

SUMMARY:

Replicas of antique firearms, whether manufactured before or after 1898, are exempt from the record keeping and waiting period requirements of the state firearm statute.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: J.K. Johnson, Washington State Muzzleloaders Association (pro); Dennis Cook, Washington Arms Collectors (pro)