BILL REQ. #: H-1417.1
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to requiring universal background checks for firearms transfers; amending RCW 9.41.080; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that there is broad
consensus that certain people, such as felons, minors, and
involuntarily committed persons, should not be eligible to possess
firearms for public safety reasons. Background checks are an effective
and easy mechanism to ensure that firearms are not sold to those who
are prohibited from possessing them. However, because background check
requirements apply only to transfers by licensed firearms dealers, many
firearms are currently sold without a background check, allowing felons
and other ineligible persons to gain access to them. The legislature
intends by this act to strengthen our background check system by
broadening the requirement for a background check to apply to all
firearms sales in the state.
Sec. 2 RCW 9.41.080 and 1994 sp.s. c 7 s 409 are each amended to
read as follows:
(1) No person may deliver a firearm to any person whom he or she
has reasonable cause to believe is ineligible under ((RCW 9.41.040))
state or federal law to possess a firearm. Any person violating this
((section)) subsection is guilty of a class C felony, punishable under
chapter 9A.20 RCW.
(2)(a) No unlicensed person may sell a firearm to another
unlicensed person unless: (i) The purchaser has undergone a background
check in accordance with the provisions of this subsection (2) and the
background check indicates that the purchaser is eligible to possess a
firearm under state and federal law; or (ii) the purchaser produces a
valid concealed pistol license issued under RCW 9.41.070.
(b)(i) A seller of a firearm to a purchaser who does not produce a
valid concealed pistol license issued under RCW 9.41.070 shall request
a background check of the purchaser from a dealer or from the chief of
police or the sheriff of the jurisdiction in which the seller or the
purchaser resides. The background check shall consist of a check of
the national instant criminal background check system.
(ii) The purchaser must complete and sign a firearms transaction
record (ATF form 4473), which must be provided to the dealer or the
chief of police or sheriff conducting the background check.
(iii) A dealer or a chief of police or sheriff who conducts a
background check for an unlicensed person under this subsection (2)
must indicate on the firearms transaction record (ATF form 4473)
whether the purchaser is eligible or ineligible to possess a firearm
under state and federal law based on the results of the background
check, and shall record the national instant criminal background check
system transaction number on the firearms transaction record (ATF form
4473).
(iv) If the national instant criminal background check system does
not return a proceed or deny response within three business days after
the background check is initiated, the dealer or chief of police or
sheriff shall indicate on the firearm transaction record (ATF form
4473) that no resolution was received from the system within three
business days and return the firearms transaction record (ATF form
4473) to the seller. The seller may then transfer the firearm to the
purchaser.
(v) The dealer or chief of police or sheriff conducting the
background check may not retain a copy of the firearms transaction
record (ATF form 4473), which shall be returned to the seller after the
completion of the background check. The seller may retain a copy of
the firearms transaction record (ATF form 4473) as proof of compliance
with the requirements of this section.
(vi) A dealer or a chief of police or sheriff may charge a fee for
conducting the background check under this subsection (2) in an amount
not to exceed twenty dollars.
(c) If the purchaser produces a valid concealed pistol license
issued under RCW 9.41.070, the seller may make a copy of the concealed
pistol license, or otherwise record the license number and other
information contained on the concealed pistol license, and retain this
information as proof of compliance with the requirements of this
section.
(d) An unlicensed person who sells a firearm to another unlicensed
person in violation of this subsection (2) is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
(e) For the purposes of this subsection (2):
(i) "Firearms transaction record" means the bureau of alcohol,
tobacco, firearms, and explosives firearms transaction record (ATF form
4473);
(ii) "Unlicensed person" means any person who is not licensed as a
dealer under this chapter or federally licensed as a collector under 18
U.S.C. Sec. 923(b).
(f) This subsection (2) does not apply to the sale of an antique
firearm, or the sale of curios or relics as defined in 27 C.F.R. Sec.
478.11.
(g) This subsection (2) does not apply to, and is not intended to
alter the requirements of this chapter that apply to, the sale of a
firearm by a dealer licensed under this chapter.