AN
ACT Relating to funding hunter safety programs; amending RCW 9.41.070; and
creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the hunter education program offers classes that all new
hunters in the state are legally required to complete, but that budget
reductions have limited the assistance that may be provided to the volunteers
who conduct these classes. A portion of the funds for this program is provided
by statute exclusively for printing and distributing the hunter safety
pamphlet. While this pamphlet should remain the highest spending priority for
these funds, there is a surplus in the account which could assist with other
activities by the volunteers conducting the hunter education program.
Sec.
2. 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 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)
Fourteen dollars shall be paid to the issuing authority for the purpose of
enforcing this chapter; and
(d)
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
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)
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 first 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, and subsequently the support of volunteer instructors in the
basic firearms safety training program conducted by the department of fish and
wildlife. 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.
