HOUSE BILL REPORT

HB 111

BYRepresentatives Lewis, Armstrong, Crane, Heavey, Patrick, P. King and Betrozoff

Authorizing firearm restrictions on convicted defendants whose indictments are dismissed.

House Committe on Judiciary

Majority Report:  Do pass.  (11)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Heavey, P. King, Locke, Moyer, Niemi, Scott, Wang and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Hargrove, Lewis, Padden and Patrick.

House Staff:Paul Browne (786-7310)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 13, 1987

BACKGROUND:

Prior to November, 1986, under federal firearms statutes, a person convicted of a felony was not allowed to possess, transport or receive firearms.  This was true even if the defendant had his record expunged by a judge.  As of November 15, 1986, it is not a violation of the Federal Gun Control Act for a person whose state conviction has been expunged under state law to possess, receive or transport a firearm unless the expungement order specifically states that the defendant may not do these things.

Currently, Washington statutes do not authorize a judge who expunges a defendant's record and restores all civil liberties to restrict the defendant's right to possess, transport or receive firearms.

SUMMARY:

A judge who expunges a defendant's record may provide that a defendant may not possess, transport or receive firearms.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Larry Erickson, Washington Association of Sheriffs and Police Chiefs; Ted Cowan, Washington State Sports Council.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill aids law enforcement officials by giving judges the discretion to restrict the right of some defendants to possess firearms.

House Committee - Testimony Against:      None Presented.