[atlas:bill]

H-0384.2 _______________________________________________

HOUSE BILL 1196

_______________________________________________

State of Washington 56th Legislature 1999 Regular Session

By Representatives Mielke, Hurst, Dunshee, Pennington, Koster, Boldt, Schoesler, Fortunato, Carrell, G. Chandler, Ericksen, Dunn, Mulliken, Talcott, Sump, Delvin, Buck, Hatfield, Cooper, Doumit, Esser, Bush, Sullivan, Morris, McMorris, Wensman, D. Schmidt, Campbell, Schindler, Haigh, Van Luven and Conway

Read first time 01/19/1999. Referred to Committee on Judiciary.

AN ACT Relating to the recognition of concealed pistol permits from other states; and amending RCW 9.41.050.

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 license:

(i) Issued under the provisions of RCW 9.41.070; or

(ii) Issued in accordance with the provisions of the law of a state or territory of the United States, or any other political subdivision within the United States but also outside the state of Washington, provided:

(A) The bearer of the out-of-state concealed pistol license is age twenty-one years or over; and

(B) The out-of-state concealed pistol license shall only have been issued following a criminal history and mental health records check and the bearer is found to be fully qualified under federal law and that state's, territory's, or political subdivision's law to own, possess, or control a firearm; and

(D) The bearer of the out-of-state concealed pistol license has the license in his or her immediate possession while carrying a concealed pistol; and

(E) The department of licensing has adopted a rule indicating that it has determined that the out-of-state jurisdiction issuing the license will recognize Washington concealed pistol licenses in that state to the same extent as the out-of-state jurisdiction's licenses will be recognized in Washington.

In the absence of the immediate possession of an out-of-state concealed pistol license, it shall be an affirmative defense to the charge of carrying a concealed pistol without a license under this subsection (1)(a) if the person can produce evidence of an out-of-state concealed pistol license issued in his or her name.

It is not necessary for the state to negate the existence of an out-of-state concealed pistol license in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this subsection (1)(a). The burden of proof of the existence of such concealed pistol license is upon the person claiming it.

(b) Every licensee shall have his or her concealed pistol license, as issued under the provisions of RCW 9.41.070 or an out-of-state concealed pistol license in compliance with (a)(ii) of this subsection, 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.

(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.

(6) "Concealed pistol license" as used in this section means a license issued under the provisions of RCW 9.41.070 or an out-of-state license, permit, or other document authorizing an individual to carry a concealed firearm issued in accordance with the provisions of the law of a state or territory of the United States, or any other political subdivision within the United States but also outside the state of Washington.