WSR 02-21-088

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed October 21, 2002, 9:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-18-068 through 72 [02-18-072].

Title of Rule: WAC 139-35-010 Firearms certification -- Licensing requirements, 139-35-015 Firearms certification -- Application, 139-35-025 Firearms certification -- Expiration and renewal, 139-30-015 Firearms certification -- Application, and 139-30-025 Firearms certification -- Expiration and renewal.

Statutory Authority for Adoption: RCW 43.101.080.

Summary: WAC 139-35-010, this change will make the WAC language consistent with the language in chapter 18.165 RCW, Private investigators and chapter 308-17 WAC, Private investigative agencies and private investigators.

WAC 139-35-015, the change provides consistency with the language adopted in chapter 18.165 RCW, Private investigators, formerly private detectives. It includes a fee increase for initial certification. Private investigators are sometimes issued more than one weapon. This change requires a certification for each of those weapons carried. It establishes the responsibility of the employer to ensure that annual proficiency standards are met with each weapon the employee carriers, and recognizes proof of annual firearm proficiency in lieu of a recertification process that was confusing and cumbersome for the applicants and those responsible for reissuing the license.

WAC 139-35-025, this change is required to eliminate the need for a person renewing their private investigator's license to take the same firearms certification course they took to get their initial firearms certification. It was intended to act as an annual proficiency requirement, and has turned out to be cumbersome, expensive to monitor, and requires a duplication of the original testing even though the firearm has not changed. Requiring the employer to be responsible for tracking annual proficiency is much less expensive.

WAC 139-30-015, the change provides a fee increase for initial certification. Armed private security guards are sometimes issued more than one weapon. This change requires a certification for each of those weapons carried. It establishes the responsibility of the employer to ensure that annual proficiency standards are met with each weapon the employee carries, and recognizes proof of annual firearm proficiency in lieu of a firearms recertification process that was confusing and cumbersome for the applicants and those responsible for reissuing the license.

WAC 139-30-025, this change is required to eliminate the need for a person renewing their private security guard's license to take the same firearms certification course they took to get their initial firearms certification. It was intended to act as an annual proficiency requirement, and has turned out to be cumbersome, expensive to monitor, and requires a duplication of the original testing even though the firearm has not changed. Requiring the employer to be responsible for tracking annual proficiency is much less expensive.

Reasons Supporting Proposal: To improve effectiveness, clarity and intent in order to better serve clients, stakeholders, and citizens.

Name of Agency Personnel Responsible for Drafting and Enforcement: Doug Blair, Burien, (206) 835-7311; and Implementation: Michael D. Parsons, Burien, (206) 835-7347.

Name of Proponent: Criminal Justice Training Commission staff in negotiated rule making with private industry representatives and the Department of Licensing, private and governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule and Summary above.

Proposal Changes the Following Existing Rules: See Title of Rule and Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required. RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, on December 11, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sonja Hirsch by December 9, 2002, TDD (206) 835-7300.

Submit Written Comments to: Sharon M. Tolton, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, fax (206) 439-3860, by December 9, 2002.

Date of Intended Adoption: December 11, 2002.

September 17, 2002

Sharon M. Tolton

Deputy Director

OTS-5944.1


AMENDATORY SECTION(Amending WSR 92-02-041, filed 12/24/91, effective 1/24/92)

WAC 139-35-010   Firearms certification -- Licensing requirement.   (1) Any licensed private ((detective)) investigator desiring to be licensed as an armed private ((detective)) investigator by the department shall, as a precondition of being licensed as an armed private ((detective)) investigator, obtain a firearms certificate from the commission.

(2) An application for armed license must be submitted to the department within ((90)) ninety days following issuance of a firearms certificate by the commission. If application is not submitted within that time period, the firearms certificate will be deemed lapsed by the commission and shall not serve as the basis for an armed license.

[Statutory Authority: RCW 43.101.080(2). 92-02-041, 139-35-010, filed 12/24/91, effective 1/24/92.]

OTS-5945.1


AMENDATORY SECTION(Amending WSR 92-02-041, filed 12/24/91, effective 1/24/92)

WAC 139-35-015   Firearms certification -- Application.   (1) Any application for firearms certification shall:

(a) Be filed with the commission on a form provided by the commission;

(b) Be signed by the principal owner, principal partner, principal corporate officer, or designated agent of the licensed private detective agency employing the applicant;

(c) Establish through required documentation or otherwise that applicant:

(i) Is at least twenty-one years of age; and

(ii) Possesses a valid and current private detective license.

(d) Be accompanied by payment of a processing fee of ((thirty)) forty-five dollars.

(2) After receipt and review of an application, the commission will provide written notification within ten days to the requesting agency regarding applicant's eligibility to obtain and possess a firearms certificate.

(3) An armed private investigator must obtain a separate firearm certificate for each firearm that he/she is authorized to use in the performance of his/her duties. All firearms carried by armed private investigators in the performance of their duties must be owned by the employer.

(4) It shall be the responsibility of the principal partner or principal owner to insure that the armed private investigator maintains proficiency standards on an annual basis with each firearm that he/she is certified to use. Firearm proficiency standards shall be set by the commission.

[Statutory Authority: RCW 43.101.080(2). 92-02-041, 139-35-015, filed 12/24/91, effective 1/24/92.]

OTS-5946.1


AMENDATORY SECTION(Amending WSR 92-02-041, filed 12/24/91, effective 1/24/92)

WAC 139-35-025   Firearms certification -- Expiration and renewal.   (1) Any firearms certificate issued by the commission shall expire on the expiration date of any armed private detective license issued by the department.

(2) ((Renewal of any active armed license shall require firearms recertification within the three-month period preceding expiration of the license. Recertification is valid until expiration of the renewed armed license.

(3) If firearms recertification is not completed on or before the expiration of the armed license, the licensee is not eligible for firearms recertification, but instead must meet full requirements for firearms certification.

(4) Firearms recertification shall require:

(a) Submission of an application to the commission on a form provided by the commission;

(b) Payment of a fee of twenty dollars to the commission; and

(c) Satisfactory completion of an approved program of at least four hours of instruction and testing prescribed by the commission for firearms recertification purposes and conducted by a certified instructor.)) By renewing the armed private investigator license with the department, the principal partner or principal owner for the private detective company is making declaration that the armed private investigator has met the requirements for annual proficiency with the firearms for which he/she is certified.

(3) Proof of annual proficiency must be kept in the employee's file within the private investigator company.

[Statutory Authority: RCW 43.101.080(2). 92-02-041, 139-35-025, filed 12/24/91, effective 1/24/92.]

OTS-5941.1


AMENDATORY SECTION(Amending WSR 92-02-040, filed 12/24/91, effective 1/24/92)

WAC 139-30-015   Firearms certification -- Application.   (1) Any application for firearms certification shall:

(a) Be filed with the commission on a form provided by the commission;

(b) Be signed by the principal owner, principal partner, or a principal corporate officer, of the licensed private security company employing the applicant;

(c) Establish through required documentation or otherwise that applicant:

(i) Is at least twenty-one years of age; and

(ii) Possesses a valid and current private security guard license.

(d) Be accompanied by payment of a processing fee of ((thirty)) forty-five dollars.

(2) After receipt and review of an application, the commission will provide written notification within ten business days to the requesting company regarding applicant's eligibility to obtain and possess a firearms certificate.

(3) An armed private security guard must obtain a separate firearm certificate for each firearm that he/she is authorized to use in the performance of his/her duties. All firearms carried by armed private security guards in the performance of their duties must be owned by the employer.

(4) It shall be the responsibility of the principal partner or principal owner to insure that the armed private security guard maintains proficiency standards on an annual basis with each firearm that he/she is certified to use. Firearm proficiency standards shall be set by the commission.

[Statutory Authority: RCW 43.101.080(2). 92-02-040, 139-30-015, filed 12/24/91, effective 1/24/92.]

OTS-5942.1


AMENDATORY SECTION(Amending WSR 92-02-040, filed 12/24/91, effective 1/24/92)

WAC 139-30-025   Firearms certification -- Expiration and renewal.   (1) Any firearms certificate issued by the commission shall expire on the expiration date of any armed security guard license issued by the department.

(2) ((Renewal of any active armed license shall require firearms recertification within the three-month period preceding expiration of the license. Recertification is valid until expiration of the renewed armed license.

(3) If firearms recertification is not completed on or before the expiration of the armed license, the licensee is not eligible for firearms recertification, but instead must meet full requirements for firearms certification.

(4) Firearms recertification shall require:

(a) Submission of an application to the commission on a form provided by the commission;

(b) Payment of a fee of twenty dollars to the commission; and

(c) Satisfactory completion of an approved program of at least four hours of instruction and testing prescribed by the commission for firearms recertification purposes and conducted by a certified instructor.)) By renewing the armed private security officer license with the department, the principal partner or principal owner for the private security guard company is making declaration that the armed security guard has met the requirements for annual proficiency with the firearms for which he/she is certified.

(3) Proof of annual proficiency must be kept in the employee's file within the private security company.

[Statutory Authority: RCW 43.101.080(2). 92-02-040, 139-30-025, filed 12/24/91, effective 1/24/92.]

Washington State Code Reviser's Office