BILL REQ. #: H-1743.1
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to the criminal background check and other requirements applicable to the purchase and transfer of firearms; and amending RCW 9.41.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.090 and 1996 c 295 s 8 are each amended to read
as follows:
(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the
dealer has recorded the purchaser's name, license number, and issuing
agency, such record to be made in triplicate and processed as provided
in subsection (5) of this section. For purposes of this subsection
(1)(a), a "valid concealed pistol license" does not include a temporary
emergency license((, and does not include any license issued before
July 1, 1996,)) unless the issuing agency conducted a records search
for disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The purchaser produces law enforcement agency credentials or
identification that shows, and the dealer confirms, that the purchaser
is a full-time, commissioned Washington law enforcement officer. The
dealer shall record the purchaser's name and law enforcement agency
credentials, such record to be made in triplicate and processed as
provided in subsection (5) of this section;
(c) The dealer is notified in writing by the chief of police or the
sheriff of the jurisdiction in which the purchaser resides that the
purchaser is eligible to possess a pistol under RCW 9.41.040 and that
the application to purchase is approved by the chief of police or
sheriff; or
(((c))) (d) Five business days, meaning days on which state offices
are open, have elapsed from the time of receipt of the application for
the purchase thereof as provided herein by the chief of police or
sheriff designated in subsection (5) of this section, and, when
delivered, the pistol shall be securely wrapped and shall be unloaded.
However, if the purchaser does not have a valid permanent Washington
driver's license or state identification card or has not been a
resident of the state for the previous consecutive ninety days, the
waiting period under this subsection (1)(((c))) (d) shall be up to
sixty days.
(2)(a) ((Except as provided in (b) of this subsection,)) In
determining whether ((the)) a purchaser who does not possess a valid
concealed pistol license or law enforcement agency credentials as
specified under subsection (1)(b) of this section meets the
requirements of RCW 9.41.040, the chief of police or sheriff, or the
designee of either, shall check with the national ((crime information
center)) instant criminal background check system, provided for by the
Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), the
Washington state patrol electronic database, the department of social
and health services electronic database, and with other agencies or
resources as appropriate, to determine whether the applicant is
ineligible under RCW 9.41.040 to possess a ((firearm)) pistol.
(b) ((Once the system is established,)) A dealer shall use the
((state system and)) national instant criminal background check system,
provided for by the Brady handgun violence prevention act (18 U.S.C.
Sec. 921 et seq.), to make criminal background checks of applicants to
purchase ((firearms)) pistols who produce a valid concealed pistol
license issued prior to July 22, 2011. ((However, a chief of police or
sheriff, or a designee of either, shall continue to check the
department of social and health services' electronic database and with
other agencies or resources as appropriate, to determine whether
applicants are ineligible under RCW 9.41.040 to possess a firearm.))
(c) A background check is not required for a purchaser who produces
a valid concealed pistol license issued on or after July 22, 2011.
(3) In any case under subsection (1)(((c))) (d) of this section
where the applicant has an outstanding warrant for his or her arrest
from any court of competent jurisdiction for a felony or misdemeanor,
the dealer shall hold the delivery of the pistol until the warrant for
arrest is served and satisfied by appropriate court appearance. The
local jurisdiction for purposes of the sale shall confirm the existence
of outstanding warrants within seventy-two hours after notification of
the application to purchase a pistol is received. The local
jurisdiction shall also immediately confirm the satisfaction of the
warrant on request of the dealer so that the hold may be released if
the warrant was for an offense other than an offense making a person
ineligible under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040 to
possess a pistol, or (e) an arrest for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, if the records of
disposition have not yet been reported or entered sufficiently to
determine eligibility to purchase a pistol, the local jurisdiction may
hold the sale and delivery of the pistol beyond five days up to thirty
days in order to confirm existing records in this state or elsewhere.
After thirty days, the hold will be lifted unless an extension of the
thirty days is approved by a local district court or municipal court
for good cause shown. A dealer shall be notified of each hold placed
on the sale by local law enforcement and of any application to the
court for additional hold period to confirm records or confirm the
identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the dealer an
application containing his or her full name, residential address, date
and place of birth, race, and gender; the date and hour of the
application; the applicant's driver's license number or state
identification card number; a description of the pistol including the
make, model, caliber and manufacturer's number if available at the time
of applying for the purchase of a pistol. If the manufacturer's number
is not available, the application may be processed, but delivery of the
pistol to the purchaser may not occur unless the manufacturer's number
is recorded on the application by the dealer and transmitted to the
chief of police of the municipality or the sheriff of the county in
which the purchaser resides; and a statement that the purchaser is
eligible to possess a pistol under RCW 9.41.040.
The 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. State permission to purchase a firearm is not a defense to a federal prosecution.