AN ACT Relating to access to firearms by minors; adding new sections to chapter 9.41 RCW; adding a new section to chapter 9A.36 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) The legislature finds that a tragically large number of Washington state children have been accidentally killed or seriously injured by negligently stored firearms, that placing firearms within the reach or easy access of children is irresponsible, encourages such accidents, and should be prohibited, and that legislative action is necessary to protect the safety of our children.

(2) It is the intent of the legislature that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as collectibles. Nothing in sections 2 through 4 of this act reduces or limits an existing right to purchase and own firearms, or provides authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.

NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:

(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent or the person having charge of the minor or without the supervision required by law shall keep the firearm in a securely locked box or container or in a location that a reasonable person would believe to be secure or shall secure it with a trigger lock or a lock through the cylinder gap, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.

(2) It is a gross misdemeanor if a person violates subsection (1) of this section by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:

(a) In a public place; or

(b) In a rude, careless, angry, or threatening manner in violation of RCW 9.41.270.

This subsection (2) does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.

(3) As used in this section, the term "minor" means a person under the age of sixteen years.

NEW SECTION. Sec. 3. A new section is added to chapter 9.41 RCW to read as follows:

(1) Upon the retail commercial sale or retail transfer of a firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than one-fourth inch in height:

"IT IS UNLAWFUL, AND PUNISHABLE

BY IMPRISONMENT AND FINE, FOR AN

ADULT TO STORE OR LEAVE A FIREARM

IN A PLACE WITHIN THE REACH

OR EASY ACCESS OF A MINOR."

(2) A retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

"IT IS UNLAWFUL TO STORE

OR LEAVE A FIREARM IN A

PLACE WITHIN THE REACH OR

EASY ACCESS OF A MINOR."

(3) A person or business knowingly violating a requirement to provide warning under this section commits a gross misdemeanor.

NEW SECTION. Sec. 4. A new section is added to chapter 9A.36 RCW to read as follows:

(1) A person is guilty of unlawful firearm storage if he or she stores or leaves a loaded firearm within the reach or easy access of a minor and the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person. This section does not apply:

(a) If the firearm was stored or left in a securely locked box or container or in a location that a reasonable person would have believed to be secure, or was securely locked with a trigger lock or a lock through the cylinder gap;

(b) If the minor obtains the firearm as a result of an unlawful entry by any person;

(d) To members of the armed forces, national guard, or state militia, or to police or other law enforcement officers, with respect to firearm possession by a minor that occurs during or incidental to the performance of their official duties.

(2) Unlawful firearm storage is a class C felony.

(3) As used in this section, the term "minor" means a person under the age of sixteen years.