SENATE BILL REPORT
HB 1016
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by Senate Committee On:
Judiciary, March 9, 2011
Title: An act relating to firearm noise suppressors.
Brief Description: Changing restrictions on firearm noise suppressors.
Sponsors: Representatives Blake, Condotta, Armstrong, Shea, Kretz, Klippert, McCune, Takko, Van De Wege, Dunshee, Probst, Liias, Miloscia, Finn, Hurst, Springer, Goodman, Rodne, Orcutt, Haigh, Dickerson, Taylor, Warnick, Hope, Dammeier, Kristiansen, Chandler, Ross, Sells and Upthegrove.
Brief History: Passed House: 2/07/11, 88-4.
Committee Activity: Judiciary: 3/09/11 [DP].
SENATE COMMITTEE ON JUDICIARY |
Majority Report: Do pass.
Signed by Senators Kline, Chair; Harper, Vice Chair; Pflug, Ranking Minority Member; Baxter, Carrell, Hargrove and Roach.
Staff: Lidia Mori (786-7755)
Background: Washington law does not regulate the possession of firearm suppressors. However, it is a gross misdemeanor crime in Washington for any person to use any device or contrivance for suppressing the noise of any firearm. Federal law defines the term firearm silencer or firearm muffler as "any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication."
Under federal law, the National Firearms Act (NFA) regulates the manufacture, importation, and transfer of firearm silencers and mufflers, as well as certain other weapons. Items regulated under the NFA are referred to as NFA firearms. The NFA firearms must be registered in a database maintained by the National Firearms Act Branch of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Only the manufacturer, importer, or maker of the NFA firearm may register it with the ATF.
A person wishing to obtain a firearm silencer or other NFA firearm has to obtain a certification from the local chief law enforcement officer, undergo a background check, obtain prior approval for the transfer, and pay a $200 tax on the transaction. Under the NFA, a person is allowed to make his or her own silencer or other NFA firearm by applying to the ATF and meeting certain requirements. These requirements include: obtaining prior approval and registration of the item, obtaining a certification from the chief of the local law enforcement agency, undergoing a background check, and paying a $200 tax on the item.
Summary of Bill: The crime of using a contrivance or device for suppressing the noise of a firearm is amended to exempt the use of a suppressor that is legally registered and possessed in accordance with federal law.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This bill will greatly help firearm retailers to be able to become familiar with their inventory. Millions of dollars are spent on suppressors that are made in other states. Washington should join with the other states that allow people who are federally registered to use firearm noise suppressors. This bill will be a big help to the issue of hearing protection from firearm noise.
Persons Testifying: PRO: Representative Blake, prime sponsor; Tom Liemohn, self.