AN ACT Relating to background check requirements for firearms classified as other under federal firearms laws; adding a new section to chapter 9.41 RCW; prescribing penalties; and providing a contingent expiration date.

(1) For the purposes of this section, "other firearm" means a federally regulated firearm frame or a federally regulated firearm receiver.

(a) The dealer is notified in writing by the local law enforcement agency of the jurisdiction in which the purchaser or transferee resides, or by the state pursuant to RCW 9.41.090(3)(b), that the purchaser or transferee is eligible to possess a firearm under state and federal law and that the application is approved; or

(3) In determining whether the purchaser is eligible to possess a firearm, the local law enforcement agency shall check with the national 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 health care authority electronic database, and with other agencies or resources as appropriate to determine whether the applicant is ineligible to possess a firearm under state or federal law.

(4) A law enforcement agency may hold the delivery of an other firearm to an applicant under the circumstances provided in RCW 9.41.090 (4) and (5).

(5) When processing an application for the purchase or transfer of an other firearm, a dealer shall comply with the application, recordkeeping, and other requirements of this chapter that apply to the sale or transfer of a pistol.

(6) A signed application for the purchase or transfer of an other firearm shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court, law enforcement agency, or the state, information relevant to the applicant's eligibility to possess a firearm. Any mental health information received by a court, law enforcement agency, or the state pursuant to this section shall not be disclosed except as provided in RCW 42.56.240(4).

(7) The department of licensing shall keep copies or records of applications for the purchase or transfer of other firearms and copies or records of other firearm transfers in the same manner as pistol and semiautomatic assault rifle application and transfer records under RCW 9.41.129.

(8) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase an other firearm is guilty of false swearing under RCW 9A.72.040.

NEW SECTION. Sec. 2. (1) Section 1 of this act expires six months after the date on which the Washington state patrol determines that a single point of contact firearm background check system, for purposes of the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), is operational in the state.

(2) If section 1 of this act expires pursuant to subsection (1) of this section, the Washington state patrol must provide written notice of the expiration to the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the Washington state patrol.