BILL REQ. #:  S-1046.1 

Read first time 02/06/13.   Referred to Committee on Law & Justice.

     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 the purchaser has undergone a background check in accordance with the provisions of this subsection (2) and the purchaser is not ineligible to possess a firearm under state or federal law.
     (b) A seller of a firearm to an unlicensed person shall request a background check of the purchaser or transferee 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 include a check of the national criminal instant background check system.
     (c) The purchaser must complete an application to transfer a firearm. The application shall be provided to the dealer or the chief of police or sheriff conducting the background check.
     (d) The department of licensing shall create and make available an application to transfer a firearm for use by unlicensed persons engaged in the sale or purchase of a firearm. The application shall include the information required under RCW 9.41.090 for an application to purchase a pistol from a dealer, and any other information the department of licensing determines is appropriate.
     (e) 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 application whether the purchaser is eligible or ineligible to possess a firearm under state and federal law based on the results of the background check. A dealer or a chief of police or sheriff may charge a fee for conducting the background check in an amount not to exceed twenty dollars, plus any charges imposed by the federal bureau of investigation.
     (f) A person who sells a firearm to an unlicensed person in violation of this subsection (2) is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
     (g) For the purposes of this subsection (2), "unlicensed person" means any person who is not licensed as a dealer under this chapter.
     (h) This subsection (2) does not apply to the sale of an antique firearm.
     (i) 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.