HOUSE BILL REPORT

SHB 1845

BYHouse Committee on State Government (originally sponsored by Representatives Anderson, Brough, Wineberry, Winsley, Moyer, H. Sommers and Brekke)

Revoking concealed pistol licenses of persons carrying them while under the influence of drugs or alcohol.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives H. Sommers, Chair; Anderson, Vice Chair; Chandler, Hankins, O'Brien, Peery and Taylor.

House Staff:Ken Conte (786-7135)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

A person is required to obtain a license to carry a concealed weapon outside the person's home or place of business.  This requirement does not apply to law enforcement officers, members of the armed services, members of gun or target shooting clubs on their way to a meeting, or individual hunters on a fishing, camping, or hunting trip.

A person can be denied a license to carry a concealed pistol based on age, criminal status or mental status.  None of these conditions makes a person permanently ineligible to obtain a license.

A firearm can be confiscated by order of a court in a variety of circumstances.  One example is if a person possessing a concealed pistol is (1) legally under the influence of drugs or alcohol and (2) in a place where a concealed pistol license is required.

Under two instances a pistol license can be immediately revoked: When a person commits a crime which makes that person ineligible for a license, or after a third violation of the license laws in a five-year period.

SUMMARY:

A person who has had a firearm confiscated by order of a court because he or she was found legally under the influence of drugs or alcohol while in possession of a concealed pistol, and was in a place where a concealed pistol license is required, cannot obtain a concealed pistol license for five years.  Any existing concealed pistol license is immediately revoked.

EFFECT OF SENATE AMENDMENT(S):   Concealed pistol licenses:  An individual who has had a firearm confiscated by order of the court due to being found under the influence of drugs or alcohol is ineligible to receive a concealed pistol license for 1 year, unless the license has been revoked for a longer period of time due to repeated forfeitures. A second forfeiture or confiscation for drug or alcohol use leads to revocation of the individual's concealed pistol license for 2 years, and after the third and subsequent forfeitures, the license is revoked for 5 years. Such an individual may not reapply for a concealed pistol license until the period of revocation is ended.

Unclaimed or confiscated firearms:  All firearms that are legal for citizens to own and have been confiscated by order of the court are to be sold at public auction to commercial dealers, if they are no longer needed for evidence.  Ten percent of confiscated firearms may be retained for use by local law enforcement agencies.  Under current law, the court has discretion to retain legal firearms for use by law enforcement, donate them to historical societies, or sell them by public auction to commercial dealers.  The court's authority to destroy illegal firearms is unchanged by the amendment.

Any legal firearms that have been unclaimed and in the possession of a municipal police department or county sheriff for a period of one year after proper public notice to the owner, must be sold at public auction to a commercial dealer.  However, ten percent of unclaimed firearms may be retained for use by the law enforcement agency.  Under current law, the head of the local law enforcement agency has discretion to sell unclaimed property to the highest bidder, retain it for use by the agency, trade the unclaimed property for law enforcement equipment, or destroy it if the agency head determines that it is unsafe for use by the general public.

Monies from a local law enforcement agency's sale of unclaimed firearms are to be used for the agency's costs of storage and sale of the weapon, with the remainder of the proceeds going to the Department of Wildlife's firearms training program.  Under current law, the balance of proceeds under such a sale goes to the county or municipal current expense fund.

Auctioning agencies must maintain detailed records of all forfeited firearms that are sold.  The records are open to public inspection.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Calvin Anderson, prime sponsor; George Benson, Seattle City Council; Steve Kendall, Washington Citizens for Rational Handgun Controls; and Jim Rabie, Washington State Law Enforcement Association and Washington State Patrol.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill incorporates a common sense approach and recognizes that someone carrying a firearm must exercise judgment and responsibility.  If we revoke drivers' licenses for alcohol or drug use, we should also revoke handgun licenses; to do so could avoid needless loss of life and potential injury.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 73; Nays 23; Excused 2

Voting Nay: Representatives Amondson, Baugher, Bristow, Brooks, Bumgarner, Butterfield, Chandler, Day, Fuhrman, Grant, Holland, King P, Kremen, Lewis, May, Meyers, Padden, Schoon, Sommers D, Vekich, Williams B, Wilson S, Zellinsky

Excused:    Representatives Allen, Smith C