BP BHEAD INT H

AN ACT Relating to concealed pistols; amending RCW 9.41.070, 9.41.090, and 9.41.095; repealing RCW 9.41.093; and prescribing penalties.

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

Sec. 1. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such applicant's constitutional right to bear arms shall not be denied, unless he or she:

(a) Fails to demonstrate a justifiable need for a concealed pistol as determined by standards developed by the Washington state patrol; or

(b) Does not have a certificate indicating successful completion of a course sanctioned by the Washington state patrol on weapon safety and the legal limits on the use of force and indicating that the person is physically able to safely operate a pistol; or

((~~(b)~~)) (d) Is under twenty‑one years of age; or

((~~(c)~~)) (e) Is subject to a court order or injunction regarding firearms pursuant to RCW 10.99.040, 10.99.045, or 26.09.060; or

((~~(d)~~)) (f) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or

((~~(e)~~)) (g) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

((~~(f)~~)) (h) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

((~~(g)~~)) (i) Has been convicted of any of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any person who becomes ineligible for a concealed pistol ((~~permit~~)) license as a result of a conviction for a crime listed in this subsection (1)((~~(g)~~)) (i) and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition the district court for a declaration that the person is no longer ineligible for a concealed pistol ((~~permit~~)) license under this subsection (1)((~~(g)~~)) (i).

(2) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored.

(3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.

(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

(a) On the first forfeiture, revoke the license for one year;

(b) On the second forfeiture, revoke the license for two years;

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.

(5) The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. ((~~A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.~~)) A person who is not a citizen of the United States, or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 9.41.170.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing ((~~said~~)) the license.

(6) The fee for the original issuance of a four‑year license shall be twenty‑three dollars((~~: PROVIDED, That~~)). No other ((~~additional charges by any~~)) branch or unit of government ((~~shall be borne by~~)) may impose any additional charges on the applicant for the issuance of the license((~~: PROVIDED FURTHER, That~~)).

The fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

(d) Three dollars to the firearms range account in the general fund.

(7) The fee for the renewal of such license shall be fifteen dollars((~~: PROVIDED, That~~)). No other ((~~additional charges by any~~)) branch or unit of government ((~~shall be borne by~~)) may impose any additional charges on the applicant for the renewal of the license((~~: PROVIDED FURTHER, That~~)).

The renewal fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (7) of this section. The fee shall be distributed as follows:

(a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

(12) A person who makes a false statement regarding citizenship, identity, or other required information on an application for a concealed pistol license is guilty of a misdemeanor.

Sec. 2. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:

(1) In addition to the other requirements of this chapter, no ((~~commercial seller shall~~)) person may sell, transfer, or deliver a pistol to ((~~the purchaser thereof~~)) another person until:

(a) The ((~~purchaser~~)) person receiving the pistol produces a valid concealed pistol license and the ((~~commercial seller~~)) person selling, transferring or delivering has recorded the ((~~purchaser's~~)) receiver's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (4) of this section; or

(b) The ((~~seller~~)) person selling, transferring, or delivering is notified in writing by the chief of police of the municipality or the sheriff of the county that the ((~~purchaser~~)) receiver meets the requirements of RCW 9.41.040 and 9.41.070 and that the application ((~~to purchase~~)) is granted; or

(c) Five consecutive days including Saturday, Sunday and holidays have elapsed from the time of receipt of the application for the ((~~purchase~~)) receipt thereof as provided herein by the chief of police or sheriff designated in subsection (4) of this section, and, when sold, transferred or delivered, ((~~said~~)) the pistol shall be securely wrapped and shall be unloaded. However, if the ((~~purchaser~~)) receiver does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

(2) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((~~seller~~)) person selling, transferring or delivering shall hold the sale, transfer or delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale transfer, or deliver shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to ((~~purchase~~)) receive a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((~~seller~~)) person selling, transferring, or delivering so that the hold may be released if the warrant was for a crime other than a crime of violence.

(3) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for a crime of violence, or (e) an arrest for a crime of violence if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to ((~~purchase~~)) receive a pistol, the local jurisdiction may hold the sale ((~~and~~)), transfer, or delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale, transfer, or delivery by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

(4) At the time of applying for the ((~~purchase~~)) receipt of a pistol, the ((~~purchaser~~)) receiver shall sign in triplicate and deliver to the ((~~seller~~)) person selling, transferring, or delivering an application containing his or her full name, address, place of birth, and the date and hour of the application; the applicant's driver's license number or state identification card number; and a description of the weapon including, the make, model, caliber and manufacturer's number; and a statement that the ((~~purchaser~~)) receiver is eligible to own a pistol under RCW 9.41.040 and 9.41.070. The application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to ((~~purchase~~)) receive a firearm is not a defense to a federal prosecution.

The ((~~purchaser~~)) receiver shall be given a copy of the department of wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

The ((~~seller~~)) person selling, transferring, or delivering shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((~~seller~~)) person is a resident. The ((~~seller~~)) person shall sell, transfer, or deliver the pistol to the ((~~purchaser~~)) receiver following the period of time specified in this section unless the ((~~seller~~)) person selling, transferring, or delivering is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the ((~~purchaser's~~)) receiver's application ((~~to purchase~~)) and the grounds thereof. The application shall not be denied unless the ((~~purchaser~~)) receiver fails to meet the requirements specified in RCW 9.41.040 and 9.41.070. The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to ((~~purchase~~)) receive a pistol.

(5) Sales by wholesalers to dealers are exempt from the provisions of this section.

(6) A person who makes a false statement regarding residency, identity, or other required information on the application to receive a pistol is guilty of a misdemeanor.

Sec. 3. RCW 9.41.095 and 1969 ex.s. c 227 s 3 are each amended to read as follows:

Any person whose application to ((~~purchase~~)) receive a pistol as provided in RCW 9.41.090 ((~~as now or hereinafter amended~~)) is denied shall have a right to appeal to the legislative body of the municipality or of the county, whichever is applicable, for a review of the denial at a public hearing to be conducted within fifteen days after denial. It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relating to the grounds for denial. In the event that the evidence so presented does not sustain one of the grounds for denial enumerated in RCW 9.41.090, the legislative authority shall authorize the sale.

Any person aggrieved by a determination of the appropriate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate county.

NEW SECTION. Sec. 4. RCW 9.41.093 and 1969 ex.s. c 227 s 2 are each repealed.