BP BHEAD INT H

AN ACT Relating to handgun safety; amending RCW 9.41.090; adding new sections to chapter 9.41 RCW; and providing an effective date.

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

Sec. 1. 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 deliver a pistol to the purchaser thereof until:

(a) The purchaser produces a valid concealed pistol license and the commercial seller has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection ((~~(4)~~)) (6) of this section; or

(b) The seller is notified in writing by the chief of police of the municipality or the sheriff of the county that the purchaser meets the requirements of RCW 9.41.040 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 thereof as provided herein by the chief of police or sheriff designated in subsection ((~~(4)~~)) (6) of this section, and, when delivered, said pistol shall be securely wrapped and shall be unloaded. However, if the purchaser 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) No commercial seller may deliver a pistol to a purchaser until the purchaser presents a certificate indicating the following:

(a) Satisfactory completion of a training course in the safe handling and use of handguns approved by the department of wildlife; or

(b) A satisfactory score on a test approved by the department of wildlife taken in lieu of a safety training course.

(3) The provisions of subsection (2) of this section do not apply to:

(a) Law enforcement officers;

(b) Members of the army, navy, or marine corps of the United States or of the national guard or organized reserves;

(d) Sales to dealers for resale; or

(e) Any case under subsection (1)(a) of this section where the purchaser has a valid concealed pistol license first issued before the effective date of this section.

(4) 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 shall hold the 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 shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the seller so that the hold may be released if the warrant was for a crime other than a crime of violence.

((~~(3)~~)) (5) 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 a pistol, the local jurisdiction may hold the sale and 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 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)~~)) (6) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the seller 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 is eligible to own a pistol under RCW 9.41.040. 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 a firearm is not a defense to a federal prosecution.

The purchaser 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 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 is a resident. The seller shall deliver the pistol to the purchaser following the period of time specified in this section unless the seller 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 application to purchase and the grounds thereof. The application shall not be denied unless the purchaser fails to meet the requirements specified in RCW 9.41.040. The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.

NEW SECTION. Sec. 2. (1) The director of the department of wildlife shall adopt standards for, and approve, training courses in the safe handling and use of handguns.

(2) The director shall approve a test a purchaser may take, at the purchaser's option, in lieu of a training course. The test shall cover laws concerning firearms, including the legal use of deadly force. The director shall determine a minimum satisfactory score for the test, and may charge a uniform fee of ten dollars for the test. The test shall be available at such times and in such locations as determined by the director.

NEW SECTION. Sec. 3. There is no civil liability incurred by, and no cause of action of any nature shall arise against, the state of Washington, any of its political subdivisions, agencies, appointed or elected officials, employees, or volunteers while performing or in good faith purporting to perform their official duties under RCW 9.41.090 or section 2 of this act.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 9.41 RCW.

NEW SECTION. Sec. 5. This act shall take effect January 1, 1995.