WSR 18-15-033
PROPOSED RULES
WASHINGTON STATE PATROL
[Filed July 12, 2018, 9:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-11-026.
Title of Rule and Other Identifying Information: Proposed new chapter 446-100 WAC, Bump-fire stock buyback program: WAC 446-100-010 Authority, 446-100-015 Definitions, and 446-100-020 Procedures.
Hearing Location(s): On August 23, 2018, at 10:30 a.m. - 11:30 a.m., at the Washington State Patrol (WSP), Helen Somers Building, 106 11th Street S.E., Room G015A, Olympia, WA 98507.
Date of Intended Adoption: August 27, 2018.
Submit Written Comments to: Kimberly Mathis, Agency Rules Coordinator, 106 11th Street S.E., Olympia, WA 98507, email wsprules@wsp.wa.gov, by August 22, 2018.
Assistance for Persons with Disabilities: Contact Kimberly Mathis, phone 360-596-4017, by August 20, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESB 5992 requires WSP to adopt rules to implement the bump-fire stock buyback program, allowing a person in possession of a bump-fire stock to relinquish the device to WSP in exchange for a monetary payment.
Reasons Supporting Proposal: To provide clarity of the procedures of the bump-fire stock buyback program.
Statutory Authority for Adoption: Chapter
43.43 RCW.
Statute Being Implemented: Chapter
43.43 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSP, governmental.
Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation and Enforcement: WSP, Olympia, Washington, 360-596-4017.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This rule is exempt pursuant to RCW
34.05.328 (5)(b)(v).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
July 12, 2018
John R. Batiste
Chief
Chapter 446-100 WAC
BUMP-FIRE STOCK BUYBACK PROGRAM
NEW SECTION
WAC 446-100-010Authority.
The Washington state patrol will establish and administer a bump-fire stock buyback program in accordance with chapter
43.43 RCW.
NEW SECTION
WAC 446-100-015Definitions.
For the purpose of these rules, the following words and phrases will have the following meanings:
"Bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.
NEW SECTION
WAC 446-100-020Procedures.
The buyback program in which the Washington state patrol will pay one hundred fifty dollars to any Washington state resident, excluding gun dealers, who present a bump-fire stock that are in working condition, can be brought to a specified location.
(1) The Washington state patrol will hold events at its facilities throughout the state. These events will be announced on social media and the Washington state patrol web page at www.wsp.wa.gov.
(2) An individual must bring the bump-fire stock as defined in WAC 446-100-015 along with a valid driver's license or any other identification to a scheduled event.
(a) An individual must complete a voucher form provided by the Washington state patrol, with the individual's name and a valid mailing address for payment.
(b) The Washington state patrol will destroy the bump-fire stock and process the voucher form for payment.
(c) The Washington state patrol will issue a check and mail to the name and address on the voucher form.