H-0325.2

HOUSE BILL 1152

ByRepresentatives Doglio, Walen, Ryu, Ramel, Farivar, Berry, Leavitt, Alvarado, Mena, and Duerr

AN ACT Relating to enhancing public safety by establishing secure storage requirements for firearms in vehicles and residences and by directing the Washington office of firearm safety and violence prevention to provide education regarding firearm secure storage; amending RCW 43.330A.020, 9.41.050, and 9.41.360; adding a new section to chapter 9.41 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:

(1) Secure storage of firearms in vehicles.

(a) A person shall not store or leave a pistol in any vehicle unless (i) the pistol is stored unloaded in a container that is opaque, locked, hard-sided, and affixed within the vehicle, (ii) the container is concealed from view from outside the vehicle, and (iii) the vehicle is locked.

(b) A person shall not store or leave a rifle or shotgun in any vehicle unless (i) the rifle or shotgun is stored unloaded in a container that is opaque, locked, hard-sided or soft-sided, and affixed within the vehicle, (ii) the container is concealed from view from outside the vehicle, and (iii) the vehicle is locked.

(c) A rifle or shotgun stored in a soft-sided container in a vehicle in accordance with this subsection must also have a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm installed on the rifle or shotgun while the firearm is stored in a soft-sided container.

(d) For the purpose of this subsection, a hard-sided container excludes a glove compartment or center console but includes a console vault or other container specifically designed to securely store firearms.

(e) This subsection does not apply to:

(i) Antique firearms;

(ii) Storing or leaving a firearm in a vehicle used for farm operations that is on the person's private farmland, including a leased farm, as "farm" and "farmland" are defined in RCW 7.48.310;

(iii) A person who lives in a vehicle, as "vehicle" is defined in RCW 46.70.011, uses that vehicle as their primary residence, and stores or leaves their own firearms in that vehicle. For the purpose of this subsection, a person uses their vehicle as their primary residence when the person habitually uses the vehicle as living quarters a majority of the time and conducts activities in the vehicle consistent with the common understanding of residing, such as sleeping, eating, and keeping personal belongings. A person who lives in a vehicle is subject to all secure storage requirements for firearms in residences;

(iv) Federal peace officers, general authority Washington peace officers, limited authority Washington peace officers, and specially commissioned Washington peace officers as those terms are defined in RCW 10.93.020;

(v) A person who holds a valid Washington or out-of-state hunting license and who is engaged in lawful hunting activities;

(vi) A person engaged in hunter education training and outreach offered by the Washington department of fish and wildlife; and

(vii) An active member of the United States armed forces while on duty.

(2) Secure storage of firearms in residences.

(a) A person shall not store or leave a firearm in their residence unless the firearm is securely stored whenever it is not being carried or readily controlled by that person or another lawful authorized user.

(b) For the purpose of this section, a firearm is "securely stored" if it is either: (i) Locked or disabled using a tamper-resistant mechanical lock or other safety device properly engaged in order to render the firearm inoperable by any person other than the owner or other lawfully authorized user, and also kept out of plain sight; or (ii) stored within a locked gun safe or similar locked container secure from access by unauthorized users.

(c) For the purpose of this section, "carried or readily controlled means" means either: (i) The person or other lawful authorized user is carrying the firearm on their person; or (ii) the person or other lawful authorized user is within close enough proximity to the firearm to readily prevent unauthorized users from gaining access to the firearm.

(d) For the purpose of this section "residence" means a building or vehicle that a person habitually uses as living quarters a majority of the time. "Uses as living quarters" means to conduct activities consistent with the common understanding of residing, such as sleeping; eating; keeping personal belongings; receiving mail; and paying utilities, rent, or mortgage. A nonpermanent or movable building or vehicle including, but not limited to, a motor home, travel trailer, camper, or boat, may qualify as a residence provided it is habitually used as living quarters a majority of the time.

(e) This subsection does not apply to antique firearms.

(3) Enforcement.

(a)(i) A violation of this section is a class 1 civil infraction and subject to a monetary penalty of up to $1,000.

(ii) A violation of this section is a misdemeanor when the violation allows a prohibited person to obtain access to and possession of a firearm.

(iii) A violation of this section is a gross misdemeanor when the violation allows a prohibited person to take possession of a firearm and use that firearm in the commission of any crime.

(iv) A violation of this section is a class C felony when the violation allows a prohibited person to take possession of a firearm and use that firearm to cause personal injury or death to a third party.

(b) For the purpose of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.

(c) This section does not apply if:

(i) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;

(ii) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense.

(d) If a death or serious injury occurs as a result of an alleged violation of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.

Sec. 2. RCW 43.330A.020 and 2020 c 313 s 3 are each amended to read as follows:

(1) The Washington office of firearm safety and violence prevention is created within the department for the purposes of coordinating and promoting effective state and local efforts to reduce firearm violence.

(2) The duties of the office include, but are not limited to:

(a) Working with law enforcement agencies, county prosecutors, researchers, and public health agencies throughout the state to identify and improve upon available data sources, data collection methods, and data-sharing mechanisms. The office will also identify gaps in available data needed for ongoing analysis, policy development, and the implementation of evidence-based firearm violence intervention and prevention strategies;

(b) Researching, identifying, and recommending legislative policy options to promote the implementation of statewide evidence-based firearm violence intervention and prevention strategies;

(c) Researching, identifying, and applying for nonstate funding to aid in the research, analysis, and implementation of statewide firearm violence intervention and prevention strategies;

(d) Working with the office of crime ((victim[s]))victims advocacy to identify opportunities to better support victims of firearm violence, a population that is currently underrepresented among recipients of victim services;

(e) ((Contract [Contracting]))Contracting for a statewide helpline, counseling, and referral services for victims, friends, and family members impacted by gun violence and community professionals and providers who engage with them;

(f) ((Contract [Contracting]))Contracting with the University of Washington to develop a best practice guide for therapy for gun violence victims;

(g) Administering the Washington firearm violence intervention and prevention grant program as outlined in RCW 43.330A.050;

(h) Educating the public regarding secure firearm storage requirements, benefits, and options.

(3) The office shall report to the appropriate legislative policy committees by December 1st every odd-numbered year on its progress and findings in analyzing data, developing strategies to prevent firearm violence, and recommendations for additional legislative policy options. The first report must be submitted by December 1, 2021.

Sec. 3. RCW 9.41.050 and 2003 c 53 s 28 are each amended to read as follows:

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the ((licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle))pistol is securely stored in accordance with section 1 of this act.

(b) A violation of this subsection is a misdemeanor.

(3)(((a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

(4))) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

Sec. 4. RCW 9.41.360 and 2019 c 3 s 5 are each amended to read as follows:

(1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm:

(a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or

(b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and:

(i) Causes the firearm to discharge;

(ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or

(iii) Uses the firearm in the commission of a crime.

(2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW.

(b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW.

(3) Subsection (1) of this section does not apply if:

(a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm, or secured in accordance with section 1 of this act;

(b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;

(c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or

(((d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken.))

(4) If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.

(5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.

(6) Nothing in this section mandates how or where a firearm must be stored.

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