Law provides that a person is guilty of community endangerment due to unsafe storage of a firearm if the person stores or leaves a firearm in a location where the person knows, or reasonably should know, that a person who is prohibited from possessing a firearm under state or federal law may gain access to the firearm. If a prohibited person accesses a firearm as a result of an unlawful entry, the unauthorized access or theft of the firearm must be reported to a local law enforcement agency within five days of when the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken. The crime of community endangerment due to unsafe storage of a firearm in the first degree is a class C felony and is a gross misdemeanor in the second degree.
The civil infraction system allows minor offenses to be decriminalized and to receive a civil fine or infraction. A person found to have committed a civil infraction is assessed a monetary penalty that is generally $250 for a class 1 civil infraction.
An owner or person lawfully in possession of a firearm who suffers the loss or theft of the firearm must report the loss or theft to the local law enforcement agency where the loss or theft occurred within 24 hours after the person first discovered the loss or theft. There is an exception to the 24-hour reporting requirement for good cause shown. The report must include, to the extent known:
A law enforcement agency that receives a report of a lost or stolen firearm must enter the firearm's caliber, make, model, manufacturer, and serial number and any other distinguishing number or identification mark on the firearm, to the extent known, into the National Crime Information Center database.
Any person who fails to report a lost or stolen firearm commits a civil infraction and is subject to a monetary penalty of up to $1,000.
The amended bill:
(In support) All the gun control laws are ineffective if thousands of stolen firearms are out on the streets in an open market. There is ample evidence that stolen firearms are often used in crimes. A 2023 report stated that of the 54 open King County cases involving juveniles and guns in the county, 20 were stolen. As a gun owner, one of the most important things to do is ensure that all firearms are stored safely. Some people do not report the theft of a firearm and it frustrates the ability for law enforcement to protect the community. The reporting of stolen firearms is essential to the tracking of a stolen firearm. The threat of stolen guns to law enforcement officers is significant and law enforcement needs this information. It usually takes weeks to identify stolen firearms and this bill would expedite that process. According to a 2023 report by Federal Bureau of Alcohol, Tobacco, and Firearms, more than half of traced guns used in the commission of a crime were linked to known purchasers but used in the crime by someone else. The median time between purchase from a licensed firearm dealer and recovery after use in a crime in Washington is over four years. There are many opportunities for a stolen firearm to be misused over that time. We know from data that there is a high prevalence of theft of firearms poorly stored in vehicles. Research indicates that requiring the reporting of stolen firearms can reduce the illegal movement of firearms by 46 percent. Preventing stolen firearms from landing in dangerous hands is a common sense and evidence-backed solution that will give law enforcement additional tools to keep communities safe. This bill would help expedite the identification and recovery of these stolen firearms before they are used to devastate families and communities. At the time, the Pulse Night Club shooting in 2016 was the worst shooting in US history and since then there have been several worse shootings. Legislation like this bill can help prevent more tragedies like these and keep communities safe.
(Opposed) The proponents of this bill claim that gun thefts often result in firearms going into an underground market, but the theft of a firearm and channeling a firearm into an underground market are already illegal. The unauthorized access of a firearm is required to be reported within five days. Why is this being changed to 24 hours? This bill shows contempt for lawful firearm owners and imposing liability on firearm owners who are the victim of a crime is the wrong approach. Imagine being the victim of a crime and then getting slapped with a $1,000 fine. This bill is another example of government overreach to get more revenue and criminalize law-abiding citizens. Please stop punishing and tracking law-abiding citizens for being gun owners. The pro-gun community are supportive of enhanced crimes for the criminals who steal firearms and use the stolen firearms in the commission of crimes. This bill will do nothing to promote gun safety. If this law is passed, it will be used against poor people and minorities and the fiscal impact has not been given any research so we do not know what it would cost.
(In support) Carol Butterfield and Genevieve Wieland, Moms Demand Action; Karyn Brownson, King County Public Health; Liz Hjelmseth; Stephen Paolini; and Jordan Ferguson, Spokane Regional Domestic Violence Coalition.
Anthony Alexander; Greg Hauth; Chetan Soni, Washington Youth Alliance; Betty Taylor, Ezra's Hands; Jane Weiss; Diane Studley; Jennifer Dolan-Waldman, Grandmothers Against Gun Violence; Thomas Hogue; Michael Easton; Brian Dunham; Zachary Bigger; Reno Gregory; David Steyh; Ty Whitehead; Josh Nipges; Michael McKinley; Jason Dupea; and Eric Pratt.