BILL REQ. #: S-0230.2
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/26/2005. Referred to Committee on Judiciary.
AN ACT Relating to the assault weapons ban of 2005; amending RCW 9.41.010 and 9.94A.515; reenacting and amending RCW 9.94A.515; adding a new section to chapter 9.41 RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.010 and 2001 c 300 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen
inches in length, or is designed to be held and fired by the use of a
single hand.
(3) "Rifle" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned,
made or remade, and intended to use the energy of the explosive in a
fixed metallic cartridge to fire only a single projectile through a
rifled bore for each single pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or more barrels
less than sixteen inches in length and any weapon made from a rifle by
any means of modification if such modified weapon has an overall length
of less than twenty-six inches.
(5) "Shotgun" means a weapon with one or more barrels, designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned, made or remade, and intended to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of ball shot or a single projectile for
each single pull of the trigger.
(6) "Short-barreled shotgun" means a shotgun having one or more
barrels less than eighteen inches in length and any weapon made from a
shotgun by any means of modification if such modified weapon has an
overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun,
mechanical rifle, submachine gun, or any other mechanism or instrument
not requiring that the trigger be pressed for each shot and having a
reservoir clip, disc, drum, belt, or other separable mechanical device
for storing, carrying, or supplying ammunition which can be loaded into
the firearm, mechanism, or instrument, and fired therefrom at the rate
of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not
designed or redesigned for using rim fire or conventional center fire
ignition with fixed ammunition and manufactured in or before 1898,
including any matchlock, flintlock, percussion cap, or similar type of
ignition system and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the
ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted
in the action; or
(e) There is a ball in the barrel and the firearm is capped or
primed if the firearm is a muzzle loader.
(10) "Dealer" means a person engaged in the business of selling
firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who
does not have, and is not required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or
part of his or her personal collection of firearms.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter
amended: Any felony defined under any law as a class A felony or an
attempt to commit a class A felony, criminal solicitation of or
criminal conspiracy to commit a class A felony, manslaughter in the
first degree, manslaughter in the second degree, indecent liberties if
committed by forcible compulsion, kidnapping in the second degree,
arson in the second degree, assault in the second degree, assault of a
child in the second degree, extortion in the first degree, burglary in
the second degree, residential burglary, and robbery in the second
degree;
(b) Any conviction for a felony offense in effect at any time prior
to June 6, 1996, which is comparable to a felony classified as a crime
of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence under (a) or
(b) of this subsection.
(12) "Serious offense" means any of the following felonies or a
felony attempt to commit any of the following felonies, as now existing
or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act,
chapter 69.50 RCW, that is classified as a class B felony or that has
a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(l) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual
motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW
9.94A.602; or
(o) Any felony offense in effect at any time prior to June 6, 1996,
that is comparable to a serious offense, or any federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony classified as a serious offense.
(13) "Law enforcement officer" includes a general authority
Washington peace officer as defined in RCW 10.93.020, or a specially
commissioned Washington peace officer as defined in RCW 10.93.020.
"Law enforcement officer" also includes a limited authority Washington
peace officer as defined in RCW 10.93.020 if such officer is duly
authorized by his or her employer to carry a concealed pistol.
(14) "Felony" means any felony offense under the laws of this state
or any federal or out-of-state offense comparable to a felony offense
under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery of a
firearm in consideration of payment or promise of payment of a certain
price in money.
(16) "Barrel length" means the distance from the bolt face of a
closed action down the length of the axis of the bore to the crown of
the muzzle, or in the case of a barrel with attachments to the end of
any legal device permanently attached to the end of the muzzle.
(17) "Family or household member" means "family" or "household
member" as used in RCW 10.99.020.
(18) "Assault weapon" means:
(a) Any semiautomatic pistol or semiautomatic or pump-action rifle
or shotgun that is capable of accepting a detachable magazine, with a
capacity to accept more then ten rounds of ammunition and that also
possesses any of the following:
(i) If the firearm is a rifle or shotgun, a pistol grip located
rear of the trigger;
(ii) If the firearm is a rifle or shotgun, a stock in any
configuration, including but not limited to a thumbhole stock, a
folding stock or a telescoping stock, that allows the bearer of the
firearm to grasp the firearm with the trigger hand such that the web of
the trigger hand, between the thumb and forefinger, can be placed below
the top of the external portion of the trigger during firing;
(iii) If the firearm is a pistol, a shoulder stock of any type or
configuration, including but not limited to a folding stock or a
telescoping stock;
(iv) A barrel shroud;
(v) A muzzle brake or muzzle compensator;
(vi) Any feature capable of functioning as a protruding grip that
can be held by the hand that is not the trigger hand;
(b) Any pistol that is capable of accepting a detachable magazine
at any location outside of the pistol grip;
(c) Any semiautomatic pistol, any semiautomatic, center-fire rifle,
or any shotgun with a fixed magazine that has the capacity to accept
more than ten rounds of ammunition;
(d) Any shotgun capable of accepting a detachable magazine;
(e) Any shotgun with a revolving cylinder;
(f) Any conversion kit or other combination of parts from which an
assault weapon can be assembled if the parts are in the possession or
under the control of any person.
(19) "Detachable magazine" means a magazine, the function of which
is to deliver one or more ammunition cartridges into the firing
chamber, which can be removed from the firearm without the use of any
tool, including a bullet or ammunition cartridge.
(20) "Barrel shroud" means a covering, other than a slide, that is
attached to, or that substantially or completely encircles, the barrel
of a firearm and that allows the bearer of the firearm to hold the
barrel with the nonshooting hand while firing the firearm, without
burning that hand, except that the term does not include an extension
of the stock along the bottom of the barrel that does not substantially
or completely encircle the barrel.
(21) "Muzzle brake" means a device attached to the muzzle of a
weapon that utilizes escaping gas to reduce recoil.
(22) "Muzzle compensator" means a device attached to the muzzle of
a weapon that utilizes escaping gas to control muzzle movement.
(23) "Conversion kit" means any part or combination of parts
designed and intended for use in converting a firearm into an assault
weapon.
NEW SECTION. Sec. 2 A new section is added to chapter 9.41 RCW
to read as follows:
(1) No person in this state shall manufacture, possess, purchase,
sell, or otherwise transfer any assault weapon, or any assault weapon
conversion kit, except as authorized by subsection (3) of this section.
Any assault weapon or assault weapon conversion kit the manufacture,
possession, purchase, sale, or other transfer of which is prohibited
under this section is a public nuisance.
(2) No person in this state shall possess or have under his or her
control at one time both of the following:
(a) A semiautomatic or pump-action rifle, semiautomatic pistol, or
shotgun capable of accepting a detachable magazine; and
(b) Any magazine capable of use with that firearm that contains
more than ten rounds of ammunition.
(3) Subsection (1) of this section shall not apply to any of the
following:
(a) The possession of an unloaded assault weapon for the purpose of
permanently relinquishing it to a law enforcement agency in this state.
Any assault weapon relinquished pursuant to this subsection shall be
destroyed;
(b) The transfer of any assault weapon by a licensed manufacturer
or dealer to a law enforcement agency in this state for use by that
agency or its employees for law enforcement purposes;
(c) The possession of an assault weapon that was legally possessed
on the effective date of this section, but only if the person legally
possessing the assault weapon has complied with all of the requirements
of subsection (5) of this section;
(d) The possession of an assault weapon that has been permanently
disabled so that it is incapable of discharging a projectile.
(4) Subsection (2) of this section shall not apply to any person:
(a) While lawfully engaged in shooting at a duly licensed, lawfully
operated shooting range;
(b) While lawfully participating in a sporting event officially
sanctioned by a club or organization established in whole or in part
for the purpose of sponsoring sport shooting events.
(5) In order to continue to possess an assault weapon that was
legally possessed on the effective date of this section, the person
possessing the assault weapon shall do all of the following:
(a) Within ninety days following the effective date of this
section, submit to a background check identical to the background check
conducted in connection with the purchase of a firearm from a licensed
gun dealer;
(b) Unless the person is prohibited by law from possessing a
firearm, immediately register the assault weapon with the sheriff of
the county in which the weapon is usually stored;
(c) Safely and securely store the assault weapon. The sheriff of
the county may, no more than once per year, conduct an inspection to
ensure compliance with this subsection;
(d) Annually renew both the registration and the background check;
(e) Possess the assault weapon only on property owned or
immediately controlled by the person, or while engaged in the legal use
of the assault weapon at a duly licensed firing range, or while
traveling to or from either of these locations for the purpose of
engaging in the legal use of the assault weapon, provided that the
assault weapon is stored unloaded and in a separate locked container
during transport.
(6) Notwithstanding any other provision of this section, any person
in this state who, after the effective date of this section, acquires
title to an assault weapon by inheritance, bequest, or succession,
shall, within thirty days of acquiring title, do one of the following:
(a) Comply with all of the requirements of subsection (5) of this
section;
(b) Dispose of the assault weapon pursuant to subsection (3)(a) of
this section; or
(c) Permanently disable the assault weapon so that it is incapable
of discharging a projectile.
(7) The sheriff of a county may charge a fee for each registration
and for each registration renewal pursuant to subsection (5) of this
section. However, such fee may not exceed the costs incurred in
administering the registration program established under subsection (5)
of this section.
(8)(a) Any person convicted of violating subsection (1) or (2) of
this section is guilty of a class C felony.
(b) Any person convicted of violating subsection (5) of this
section is guilty of a gross misdemeanor.
(9) Any violation of this section shall also result in the
immediate revocation of the registration of every assault weapon
registered to such person.
(10) This section does not apply to:
(a) Marshals, sheriffs, prison or jail wardens or their deputies,
or other law enforcement officers of this or another state while acting
within the scope of their duties;
(b) Members of the armed forces of the United States or of the
national guard or organized services, when on duty;
(c) Officers or employees of the United States duly authorized to
possess assault weapons; or
(d) Any person engaged in the business of manufacturing, repairing,
or dealing in assault weapons, or the representative or agent of the
person who is properly licensed under federal or state laws to do so
and who is acting within the usual and ordinary course of the business.
Sec. 3 RCW 9.94A.515 and 2004 c 94 s 3 are each amended to read
as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 4 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
NEW SECTION. Sec. 5 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 6 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately, except for section 4 of this act which takes effect July
1, 2005.
NEW SECTION. Sec. 7 Section 3 of this act expires July 1, 2005.