BILL REQ. #: H-0301.1
_____________________________________________
HOUSE BILL 1126
_____________________________________________| State of Washington | 60th Legislature | 2007 Regular Session |
By Representatives Morrell, McDonald, Green, Takko, Ericks, Eickmeyer, Sells, Blake, Moeller, Flannigan, Conway, Linville, Kenney and WilliamsRead first time 01/11/2007. Referred to Committee on Judiciary.
AN ACT Relating to late renewal penalties for concealed pistol
licenses; and amending RCW 9.41.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.070 and 2002 c 302 s 703 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, 26.50.060,
26.50.070, or 26.26.590;
(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, except
that this late penalty does not apply to a licensee who was serving in
the armed forces outside of this state at the time of the expiration of
the license if the licensee applies for renewal within ninety days of
returning to the state. The fee shall be distributed as follows:
(a) Three dollars shall be deposited in the state wildlife ((fund))
account 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.
--- END ---