H-0481.4  _______________________________________________

                          HOUSE BILL 1050

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Pennington, McMorris, Mielke, Delvin, Mulliken, Thompson, Hatfield, Boldt, Buck, Schoesler, Sherstad, Smith and Backlund

Read first time 01/13/97.  Referred to Committee on Law & Justice.

Revising firearms licensing.

    AN ACT Relating to firearms licensing; amending RCW 9.41.070 and 9.41.110; and prescribing penalties.

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

    Sec. 1.  RCW 9.41.070 and 1996 c 295 s 6 are each amended to read as follows:

    (1) 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 five 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.  The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

    The applicant's constitutional right to bear arms shall not be denied, unless:

    (a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;

    (b) The applicant's concealed pistol license is in a revoked status;

    (c) He or she is under twenty‑one years of age;

    (d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070;

    (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;

    (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

    (g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.

     No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.

    (2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license.  This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

    (3) 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)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

    (4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of 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.  A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

    The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.

    The license and 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 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 eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen.  The applicant shall not be required to produce a birth certificate or other evidence of citizenship.  A person who is not a citizen of the United States shall meet the additional requirements of RCW 9.41.170 and produce proof of compliance with RCW 9.41.170 upon application.  The license shall be in triplicate and in a form to be prescribed by the department of licensing.

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

    The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.

    (5) The nonrefundable fee, paid upon application, for the original five-year license shall be ((thirty-six)) twenty-one dollars plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant.  No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.

    The fee shall be distributed as follows:

    (a) ((Fifteen 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;

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

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

    (6) The nonrefundable fee for the renewal of such license shall be ((thirty-two)) seventeen dollars.  No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.

    The renewal fee shall be distributed as follows:

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

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

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

    (7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.

    (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 (6) 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.  However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement.  Temporary emergency licenses shall be easily distinguishable from regular licenses.

    (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.

    (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040.  In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.

    (13) A person may apply for a concealed pistol license:

    (a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

    (b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

    (c) Anywhere in the state if the applicant is a nonresident.

    Sec. 2.  RCW 9.41.110 and 1994 sp.s. c 7 s 416 are each amended to read as follows:

    (1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ((pistol)) firearm without being licensed as provided in this section.

    (2) ((No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section)) The retail sale of ammunition, whether by a dealer or any other person, does not require a license.

    (3) ((No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.

    (4))) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than ((one)) three years from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.810.  A licensing authority shall forward a copy of each license granted to the department of licensing.  The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.

    (((5))) (4)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, ((determine whether to grant the license)) notify the applicant in writing whether the application is granted.  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 licensing authority shall have up to sixty days to ((determine whether to issue a license)) notify the applicant in writing whether the application is granted.  No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check.  In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.

    (b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check.  An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm.  Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.

    (((6))) (5)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license.  For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.

    (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community.  Nothing in this subsection (((6))) (5)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.

    In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110.  The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (((8))) (7) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.

    (((7))) (6) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.

    (((8))) (7)(a) No pistol may be sold:  (i) In violation of any provisions of RCW 9.41.010 through 9.41.810; nor (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.

    (b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony.  In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.

    (c) The license fee for pistols shall be one hundred twenty-five dollars for a period of three years, renewable thereafter upon payment of a renewal fee of fifty-six dollars and twenty-five cents for each successive three-year period.  The license fee for firearms other than pistols shall be one hundred twenty-five dollars for a period of three years, renewable thereafter upon payment of a renewal fee of fifty-six dollars and twenty-five cents for each successive three-year period.  ((The license fee for ammunition shall be one hundred twenty-five dollars.))  Any dealer who obtains ((any)) either of these two licenses ((under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee)) shall not be subjected to further fingerprinting to obtain the other of these two licenses, nor may the dealer be subjected to further fingerprinting to obtain a concealed pistol license under RCW 9.41.070.  The fees received under this section shall be deposited in the account created under RCW 69.50.520.

    (((9))) (8)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser and a statement signed by the purchaser that he or she is not ineligible under RCW 9.41.040 to possess a firearm.

    (b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

    (((10))) (9) Subsections (2) through (((9))) (8) of this section shall not apply to sales at wholesale.

    (((11))) (10) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses.  The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.

    (((12))) (11) Except as provided in RCW 9.41.090, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

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