_______________________________________________
ENGROSSED
HOUSE BILL 1408
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/24/97. Referred to Committee on Law & Justice.
Authorizing carrying of concealed pistols by certain persons from out
of state.
AN
ACT Relating to the carrying of a concealed pistol by persons from another
state; and amending RCW 9.41.050 and 9.41.060.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 9.41.050 and 1997 c 200 s 1 are each amended to read as follows:
(1)(a)
Except in the person's place of abode or fixed place of business, a person
shall not carry a pistol concealed on his or her person without a license to
carry a concealed pistol issued under RCW 9.41.070, unless the person holds
a valid permit or license issued by a state or local agency in another state
authorizing the person to carry a concealed firearm.
(b)
Every licensee shall have his or her concealed pistol license in his or her
immediate possession at all times that he or she is required by this section to
have a concealed pistol license and shall display the same upon demand to any
police officer or to any other person when and if required by law to do so.
Any violation of this subsection (1)(b) shall be a class 1 civil infraction
under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter
7.80 RCW and the infraction rules for courts of limited jurisdiction. This
subsection applies also to a concealed pistol license issued in another state.
(2)
A person shall not carry or place a loaded pistol in any vehicle unless the
person has a license to carry a concealed pistol and: (a) The pistol is on the
licensee's person, (b) the licensee is within the vehicle at all times that the
pistol is there, or (c) the licensee is away from the vehicle and the pistol is
locked within the vehicle and concealed from view from outside the vehicle.
(3)
A person at least eighteen years of age who is in possession of an unloaded
pistol shall not leave the unloaded pistol in a vehicle unless the unloaded
pistol is locked within the vehicle and concealed from view from outside the
vehicle.
(4)
Violation of any of the prohibitions of subsections (2) and (3) of this section
is a misdemeanor.
(5)
Nothing in this section permits the possession of firearms illegal to possess
under state or federal law.
*Sec. 1 was vetoed. See message at end of chapter.
Sec.
2. RCW
9.41.060 and 1996 c 295 s 5 are each amended to read as follows:
The
provisions of RCW 9.41.050 shall not apply to:
(1)
Marshals, sheriffs, prison or jail wardens or their deputies, or other law
enforcement officers of this state or another state;
(2)
Members of the armed forces of the United States or of the national guard or
organized reserves, when on duty;
(3)
Officers or employees of the United States duly authorized to carry a concealed
pistol;
(4)
Any person engaged in the business of manufacturing, repairing, or dealing in
firearms, or the agent or representative of the person, if possessing, using,
or carrying a pistol in the usual or ordinary course of the business;
(5)
Regularly enrolled members of any organization duly authorized to purchase or
receive pistols from the United States or from this state;
(6)
Regularly enrolled members of clubs organized for the purpose of target
shooting, when those members are at or are going to or from their places of
target practice;
(7)
Regularly enrolled members of clubs organized for the purpose of modern and
antique firearm collecting, when those members are at or are going to or from
their collector's gun shows and exhibits;
(8)
Any person engaging in a lawful outdoor recreational activity such as hunting,
fishing, camping, hiking, or horseback riding, only if, considering all of the
attendant circumstances, including but not limited to whether the person has a
valid hunting or fishing license, it is reasonable to conclude that the person
is participating in lawful outdoor activities or is traveling to or from a
legitimate outdoor recreation area;
(9)
Any person while carrying a pistol unloaded and in a closed opaque case or
secure wrapper; or
(10)
Law enforcement officers retired for service or physical disabilities, except
for those law enforcement officers retired because of mental or stress-related
disabilities. This subsection applies only to a retired officer who has: (a)
Obtained documentation from a law enforcement agency within Washington state
from which he or she retired that is signed by the agency's chief law
enforcement officer and that states that the retired officer was retired for
service or physical disability; and (b) not been convicted of a crime making
him or her ineligible for a concealed pistol license.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 1 of Engrossed House
Bill No. 1408 entitled:
"AN
ACT Relating to the carrying of a concealed pistol by persons from another
state;"
Section 1 of EHB 1408
would allow a non-resident to bring a concealed handgun into the state as long
as he or she has a license from some other state. A number of states issue
licenses without the strict standards and background checks Washington law
requires, and section 1 would force our law enforcement agencies to honor all
those permits. In addition, the practical effect of section 1 would be to
require prosecutors to check with all 50 states in order to convict a person of
violating our law against carrying a concealed handgun without a license. This
is tantamount to repeal of the concealed handgun license law.
For these reasons, I have
vetoed section 1 of Engrossed House Bill No. 1408.
With
the exception of section 1, Engrossed House Bill No. 1408 is approved."
