2219‑S2 AMH **** SHEL 57

2SHB 2219 ‑ H AMD TO H AMD (2219-S2 AMH THOM H5011.1) 207 FAILED

                                                     2-9-96

  Representatives Valle, Costa and Scott

     On page 5, after line 1 of the amendment, insert the following sections:

     "NEW SECTION. Sec. 34.  (1) The legislature finds that placing firearms within the reach or easy access of children is irresponsible and encourages accidents that result in serious injury or death. Legislative action is necessary to prohibit negligently stored firearms and to protect the safety of our children.

     (2) It is the intent of the legislature that parents and guardians of children retain their constitutional right to keep and bear firearms for hunting and sporting activities, for defense of self, family, home, and business, and as collectibles.  Nothing in section 35 of this act shall be construed to reduce or limit any existing right to purchase and own firearms or to provide 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. 35.  A new section is added to a chapter 9.41 RCW to read as follows:

     (1) A parent or legal guardian of an unemancipated minor under age 16, who stores or leaves a loaded firearm, as defined in RCW 9.41.010, on premises under the parent's or guardian's control, and who knows or reasonably should know that the minor is likely to gain access to the firearm without the parent's or guardians' lawful permission or supervision, must keep the firearm in a securely locked box or container or in a location that a reasonable person would believe to be secure, or must secure it with a trigger lock. This subsection (1) does not apply when the parent or guardian carries the firearm on his or her person or within such close proximity thereto that it can be retrieved and used as easily and quickly as if carried on the body.

     (2) The parent or guardian is guilty of a misdemeanor if the parent or guardian violates subsection (1) of this section and as a result of that violation, the parent's or guardian's child obtains the firearm without the parent's or guardian's lawful permission, and the child commits a crime not resulting in death or injury to any person while armed with the firearm.

     (3) The parent or guardian is guilty of a class C felony punishable under chapter 9A.20 RCW if the parent or guardian violates subsection (1) of this section and as a result of the violation, the parent's or guardian's child obtains the firearm without the parent's or guardian's lawful permission, and the child commits a crime while armed with the firearm and the crime results in death or injury to another person.

     (4) This section does not apply if the child obtains the firearm by unlawfully entering the parent's or guardian's premises that the child may not enter pursuant to a court order.

     (5) When any child shoots another family member, the parent or guardian may not be arrested under this section prior to seven days after the date of the shooting.  With respect to any parent or guardian of any deceased child, the investigating officers shall file all findings and evidence with the prosecuting attorney's office with respect to violations of this section.  The prosecuting attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file charges against the appropriate parties.

NEW SECTION. Sec. 36.  (1) Upon the retail commercial sale or retail transfer of any 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 A PARENT OR GUARDIAN OF AN UNEMANCIPATED MINOR UNDER AGE 16 TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD EXCEPT AS PROVIDED IN SECTION 35 OF THIS ACT."

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

"IT IS UNLAWFUL FOR A PARENT OR GUARDIAN TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF THE PARENT'S OR GUARDIAN'S CHILD EXCEPT AS PROVIDED IN SECTION 35 OF THIS ACT."

     (3) Any person or business knowingly violating a requirement to provide a warning under this section is guilty of a misdemeanor."

     Renumber remaining sections consecutively, correct internal references accordingly and correct the title

EFFECT:   If a parent or guardian fails to store a loaded firearm in a manner required under the amendment and an unemancipated minor under age 16 gains access to the firearm and commits a crime while armed with a firearm, the parent or guardian is guilty of a misdemeanor if the child commits a crime that does not result in injury or death to any other person.  If the child commits a crime while armed with the firearm that results in injury or death of another person, the parent or guardian is guilty of a class C felony. Notice of this potential liability must be given by retailers or wholesalers when customers buy firearms. Violation of the notice requirement is a misdemeanor.