S-0814.1 _______________________________________________
SENATE BILL 5448
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State of Washington 56th Legislature 1999 Regular Session
By Senators Prentice, Kohl‑Welles, Fraser, Fairley, McAuliffe, Shin, Haugen, Costa and Kline
Read first time 01/22/1999. Referred to Committee on Judiciary.
AN ACT Relating to possession of firearms on public transit; amending RCW 9.41.075; adding a new section to chapter 9.41 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:
(1) It is unlawful for a person to carry onto, or to possess on, any means of public transit any firearm.
(2) Any person violating subsection (1) of this section is guilty of a gross misdemeanor. Any person convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years.
(3) Subsection (1) of this subsection does not apply to:
(a) Any person with a valid concealed pistol license;
(b) Law enforcement personnel in the performance of their duties;
(c) Public transit security personnel; and
(d) Any person engaged in military activities sponsored by the federal or state government, while engaged in official duties.
(4) Public transit shall be clearly marked as areas where firearms are prohibited, including posting notices, where possible, at the entrance to transit facilities.
Sec. 2. RCW 9.41.075 and 1994 sp.s. c 7 s 408 are each amended to read as follows:
(1) The license shall be revoked by the license-issuing authority immediately upon:
(a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm, or conviction of an offense under section 1 of this act;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
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