Post by Moraff on Aug 18, 2014 11:24:28 GMT -8
There are two gun initiatives on the November ballot, I 591 and I 594.
I'm going to try to highlight issues that may not be immediately visible in the campaigns.
I hope that you will take the time to read this and consider what you have seen here when you vote in November.
After an Increase in Gun Laws, Los Angeles Sees a Change in Violent Crime
Here's what Law Enforcement has to say.
In Harm’s Way—I594 & Law Enforcement
My analysis begins here.
I 591:
This initiative is clear and concise with nothing that is difficult to detect, no language that may have unintended consequences.
Initiative Measure No. 591
(filed May 23, 2013)
PROTECT OUR GUN RIGHTS
AN ACT Relating to protecting gun and other firearm rights; adding new sections to chapter 9.41
RCW; and creating new sections.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION.
Sec. 1.
A new section is added to chapter 9.41 RCW to read as follows:
It is unlawful for any government agency to confiscate guns or other firearms from citizens without
due process.
NEW SECTION.
Sec. 2.
A new section is added to chapter 9.41 RCW to read as follows:
It is unlawful for any government agency to require background checks on the recipient of a firearm
unless a uniform national standard is required.
NEW SECTION.
Sec. 3.
The provisions of this act are to be liberally construed to effectuate the
intent, policies, and purposes of this act.
NEW SECTION.
Sec. 4.
If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION.
Sec. 5.
This act is known and may be cited as the “Protect Our Gun Rights Act.”
--- END ---
Link: A look at the state's current background check law
I 591 PROTECT OUR GUN RIGHTS Link
Interesting parallels with this and Washington State's I-594
Mr. Hickenlooper, a low-key liberal who went from successful saloon developer to the Denver mayor’s office, was elected governor as part of a concerted effort by liberal billionaires to take over a Western state.
Colorado’s Second Amendment wildfire
Notice where the funding is coming from so far....
" Supporters have raised more than $3.4 million, of which $580,000 came from former Microsoft CEO Steve Ballmer and his wife, Connie. That amount includes a $250,000 donation in the past few weeks.
Bill and Melinda Gates have given $50,000 to I-594, and venture capitalist Nick Hanauer, and his wife Lenore, have given a combined $490,000, and Hanauer has pledged an additional $530,000. "
From NWCN.com
Money starts to flow in for Washington gun initiatives (I found it interesting that this news item has been removed from the NWCN web site )
I 594
This initiative may have unintended consequences.
AN ACT Relating to requiring criminal and public safety background
checks for gun sales and transfers; amending RCW 9.41.010, 9.41.090,
9.41.122, 9.41.124, and 82.12.040; adding new sections to chapter 9.41
RCW; adding a new section to chapter 82.08 RCW; creating a new section;
and prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION.
Sec. 1.
There is broad consensus that felons,
persons convicted of domestic violence crimes, and persons dangerously
mentally ill as determined by a court should not be eligible to possess
guns for public safety reasons. Criminal and public safety background
checks are an effective and easy mechanism to ensure that guns are not
purchased by or transferred to those who are prohibited from possessing
them. Criminal and public safety background checks also reduce illegal
gun trafficking. Because Washington's current background check
requirements apply only to sales or transfers by licensed firearms
dealers, many guns are sold or transferred without a criminal and
public safety background check, allowing criminals and dangerously
mentally ill individuals to gain access to guns.
Conducting criminal and public safety background checks will help
ensure that all persons buying guns are legally eligible to do so. The
people find that it is in the public interest to strengthen our
background check system by extending the requirement for a background
check to apply to all gun sales and transfers in the state, except as
permitted herein. To encourage compliance with background check
requirements, the sales tax imposed by RCW 82.08.020 would not apply to
the sale or transfer of any firearms between two unlicensed persons if
the unlicensed persons have complied with all background check
requirements.
This measure would extend criminal and public safety background
checks to all gun sales or transfers. Background checks would not be
required for gifts between immediate family members or for antiques.
Sec. 2.
RCW 9.41.010 and 2013 c 183 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a firearm not
designed or redesigned for using rim fire or conventional center fire
ignition with fixed ammunition and manufactured in or before 1898,
including any matchlock, flintlock, percussion cap, or similar type of
ignition system and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the
ordinary channels of commercial trade.
(2) "Barrel length" means the distance from the bolt face of a
closed action down the length of the axis of the bore to the crown of
the muzzle, or in the case of a barrel with attachments to the end of
any legal device permanently attached to the end of the muzzle.
(3) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter
amended: Any felony defined under any law as a class A felony or an
attempt to commit a class A felony, criminal solicitation of or
criminal conspiracy to commit a class A felony, manslaughter in the
first degree, manslaughter in the second degree, indecent liberties if
committed by forcible compulsion, kidnapping in the second degree,
arson in the second degree, assault in the second degree, assault of a
child in the second degree, extortion in the first degree, burglary in
the second degree, residential burglary, and robbery in the second
degree;
(b) Any conviction for a felony offense in effect at any time prior
to June 6, 1996, which is comparable to a felony classified as a crime
of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence under (a) or
(b) of this subsection.
(4) "Dealer" means a person engaged in the business of selling
firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who
does not have, and is not required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or
part of his or her personal collection of firearms.
(5) "Family or household member" means "family" or "household
member" as used in RCW 10.99.020.
(6) "Felony" means any felony offense under the laws of this state
or any federal or out-of-state offense comparable to a felony offense
under the laws of this state.
(7) "Felony firearm offender" means a person who has previously
been convicted or found not guilty by reason of insanity in this state
of any felony firearm offense. A person is not a felony firearm
offender under this chapter if any and all qualifying offenses have
been the subject of an expungement, pardon, annulment, certificate, or
rehabilitation, or other equivalent procedure based on a finding of the
rehabilitation of the person convicted or a pardon, annulment, or other
equivalent procedure based on a finding of innocence.
(8) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter ((9.41
RCW));
(b) A violation of RCW 9A.36.045;
(c) A violation of RCW 9A.56.300;
(d) A violation of RCW 9A.56.310;
(e) Any felony offense if the offender was armed with a firearm in
the commission of the offense.
(9) "Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
(10) "Gun" has the same meaning as firearm.
(11) "Law enforcement officer" includes a general authority
Washington peace officer as defined in RCW 10.93.020, or a specially
commissioned Washington peace officer as defined in RCW 10.93.020.
"Law enforcement officer" also includes a limited authority Washington
peace officer as defined in RCW 10.93.020 if such officer is duly
authorized by his or her employer to carry a concealed pistol.
(((11))) (12) "Lawful permanent resident" has the same meaning
afforded a person "lawfully admitted for permanent residence" in 8
U.S.C. Sec. 1101(a)(20).
(((12))) (13) "Licensed dealer" means a person who is federally
licensed under 18 U.S.C. Sec. 923(a).
(14) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted
in the action; or
(e) There is a ball in the barrel and the firearm is capped or
primed if the firearm is a muzzle loader.
(((13))) (15) "Machine gun" means any firearm known as a machine
gun, mechanical rifle, submachine gun, or any other mechanism or
instrument not requiring that the trigger be pressed for each shot and
having a reservoir clip, disc, drum, belt, or other separable
mechanical device for storing, carrying, or supplying ammunition which
can be loaded into the firearm, mechanism, or instrument, and fired
therefrom at the rate of five or more shots per second. [ This could encompass virtually all semi-automatic firearms ]
(((14))) (16) "Nonimmigrant alien" means a person defined as such
in 8 U.S.C. Sec. 1101(a)(15).
(((15))) (17) "Person" means any individual, corporation, company,
association, firm, partnership, club, organization, society, joint
stock company, or other legal entity.
(18) "Pistol" means any firearm with a barrel less than sixteen
inches in length, or is designed to be held and fired by the use of a
single hand.
(((16))) (19) "Rifle" means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned, made or remade, and intended to use the energy of the
explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
(((17))) (20) "Sale" and "sell" ((refers to)) mean the actual
approval of the delivery of a firearm in consideration of payment or
promise of payment ((of a certain price in money)).
(((18))) (21) "Serious offense" means any of the following felonies
or a felony attempt to commit any of the following felonies, as now
existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act,
chapter 69.50 RCW, that is classified as a class B felony or that has
a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(l) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual
motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW
9.94A.825; ((or))
(o) Any felony offense in effect at any time prior to June 6, 1996,
that is comparable to a serious offense, or any federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony classified as a serious offense; or
(p) Any felony conviction under section 9 of this act.
(((19))) (22) "Short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle by any means of modification if such modified weapon has
an overall length of less than twenty-six inches.
(((20))) (23) "Short-barreled shotgun" means a shotgun having one
or more barrels less than eighteen inches in length and any weapon made
from a shotgun by any means of modification if such modified weapon has
an overall length of less than twenty-six inches.
(((21))) (24) "Shotgun" means a weapon with one or more barrels,
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned, made or remade, and intended
to use the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(25) "Transfer" means the intended delivery of a firearm to another
person without consideration of payment or promise of payment
including, but not limited to, gifts and loans. [ The reading of this could be overly broad, what EXACTLY constitutes a transfer? ]
(26) "Unlicensed person" means any person who is not a licensed
dealer under this chapter.
NEW SECTION.
Sec. 3.
A new section is added to chapter 9.41 RCW
to read as follows:
(1) All firearm sales or transfers, in whole or part in this state
including without limitation a sale or transfer where either the
purchaser or seller or transferee or transferor is in Washington, shall
be subject to background checks unless specifically exempted by state
or federal law. The background check requirement applies to all sales
or transfers including, but not limited to, sales and transfers through
a licensed dealer, at gun shows, online, and between unlicensed
persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a
licensed dealer, the parties to the transaction shall complete the sale
or transfer through a licensed dealer as follows:
(a) The seller or transferor shall deliver the firearm to a
licensed dealer to process the sale or transfer as if it is selling or
transferring the firearm from its inventory to the purchaser or
transferee, except that the unlicensed seller or transferor may remove
the firearm from the business premises of the licensed dealer while the
background check is being conducted. If the seller or transferor
removes the firearm from the business premises of the licensed dealer
while the background check is being conducted, the purchaser or
transferee and the seller or transferor shall return to the business
premises of the licensed dealer and the seller or transferor shall
again deliver the firearm to the licensed dealer prior to completing
the sale or transfer.
(b) Except as provided in (a) of this subsection, the licensed
dealer shall comply with all requirements of federal and state law that
would apply if the licensed dealer were selling or transferring the
firearm from its inventory to the purchaser or transferee, including
but not limited to conducting a background check on the prospective
purchaser or transferee in accordance with federal and state law
requirements and fulfilling all federal and state recordkeeping
requirements.
(c) The purchaser or transferee must complete, sign, and submit all
federal, state, and local forms necessary to process the required
background check to the licensed dealer conducting the background
check.
(d) If the results of the background check indicate that the
purchaser or transferee is ineligible to possess a firearm, then the
licensed dealer shall return the firearm to the seller or transferor.
(e) The licensed dealer may charge a fee that reflects the fair
market value of the administrative costs and efforts incurred by the
licensed dealer for facilitating the sale or transfer of the firearm. [ There doesn't seem to be a cap on this fee, this could become punitive in the future ]
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this
subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first
cousins, aunts, and uncles, that is a bona fide gift; [ Proof of gift needed? ]
(b) The sale or transfer of an antique firearm;
(c) A temporary transfer of possession of a firearm if such
transfer is necessary to prevent imminent death or great bodily harm to
the person to whom the firearm is transferred if:
(i) The temporary transfer only lasts as long as immediately
necessary to prevent such imminent death or great bodily harm; and
(ii) The person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law;
(d) Any law enforcement or corrections agency and, to the extent
the person is acting within the course and scope of his or her
employment or official duties, any law enforcement or corrections
officer, United States marshal, member of the armed forces of the
United States or the national guard, or federal official;
(e) A federally licensed gunsmith who receives a firearm solely for
the purposes of service or repair, or the return of the firearm to its
owner by the federally licensed gunsmith;
(f) The temporary transfer of a firearm (i) between spouses or
domestic partners; (ii) if the temporary transfer occurs, and the
firearm is kept at all times, at an established shooting range
authorized by the governing body of the jurisdiction in which such
range is located; (iii) if the temporary transfer occurs and the
transferee's possession of the firearm is exclusively at a lawful
organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group
that uses firearms as a part of the performance; (iv) to a person who
is under eighteen years of age for lawful hunting, sporting, or
educational purposes while under the direct supervision and control of
a responsible adult who is not prohibited from possessing firearms; or
(v) while hunting if the hunting is legal in all places where the
person to whom the firearm is transferred possesses the firearm and the
person to whom the firearm is transferred has completed all training
and holds all licenses or permits required for such hunting, provided
that any temporary transfer allowed by this subsection is permitted
only if the person to whom the firearm is transferred is not prohibited
from possessing firearms under state or federal law; or
[ The above language seems to have overly broad implications:
No shooting anywhere except at a range, competition or hunting?
No target shooting on public / private lands?
Does this mean if you hand off a firearm to a person for examination this constitutes a transfer and you are breaking the law?
This also completely outlaws ANY LOANS of a firearm to anyone for any reason.
Sorry bud, you can't use my shotgun / rifle to go hunting. Too bad if you can't afford one of your own, and you need to hunt to eat.
What if your spouse, significant other, room mate, or friend leaves a pistol in a back pack or other container and you come along and grab it, toss stuff in without looking and take off with it un-aware that the weapon is in there?
We know from experience that laws that require interpretation can and will be abused or misapplied.
Too many things here that need to be either detailed out or pared down. ]
(g) A person who (i) acquired a firearm other than a pistol by
operation of law upon the death of the former owner of the firearm or
(ii) acquired a pistol by operation of law upon the death of the former
owner of the pistol within the preceding sixty days. At the end of the
sixty-day period, the person must either have lawfully transferred the
pistol or must have contacted the department of licensing to notify the
department that he or she has possession of the pistol and intends to
retain possession of the pistol, in compliance with all federal and
state laws.
Sec. 4.
A new section is added to chapter 9.41 RCW
to read as follows:
Except as otherwise provided in this chapter, a licensed dealer may
not deliver any firearm to a purchaser or transferee until the earlier
of:
(1) The results of all required background checks are known and the
purchaser or transferee is not prohibited from owning or possessing a
firearm under federal or state law; or
(2) Ten business days have elapsed from the date the licensed
dealer requested the background check.
However, for sales and
transfers of pistols if the purchaser or transferee does not have a
valid permanent Washington driver's license or state identification
card or has not been a resident of the state for the previous
consecutive ninety days, then the time period in this subsection shall
be extended from ten business days to sixty days. [ Increases wait time substantially ]
Sec. 5.
RCW 9.41.090 and 1996 c 295 s 8 are each amended to read
as follows:
(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the
dealer has recorded the purchaser's name, license number, and issuing
agency, such record to be made in triplicate and processed as provided
in subsection (5) of this section. For purposes of this subsection
(1)(a), a "valid concealed pistol license" does not include a temporary
emergency license, and does not include any license issued before July
1, 1996, unless the issuing agency conducted a records search for
disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the
sheriff of the jurisdiction in which the purchaser resides that the
purchaser is eligible to possess a pistol under RCW 9.41.040 and that
the application to purchase is approved by the chief of police or
sheriff; or
(c) The requirements or time periods in section 4 of this act have
been satisfied ((Five business days, meaning days on which state
offices are open, have elapsed from the time of receipt of the
application for the purchase thereof as provided herein by the chief of
police or sheriff designated in subsection (5) of this section, and,
when delivered, the pistol shall be securely wrapped and shall be
unloaded. However, if the purchaser does not have a valid permanent
Washington driver's license or state identification card or has not
been a resident of the state for the previous consecutive ninety days,
the waiting period under this subsection (1)(c) shall be up to sixty
days)).
(2)(a) Except as provided in (b) of this subsection, in determining
whether the purchaser meets the requirements of RCW 9.41.040, the chief
of police or sheriff, or the designee of either, shall check with the
national crime information center, the Washington state patrol
electronic database, the department of social and health services
electronic database, and with other agencies or resources as
appropriate, to determine whether the applicant is ineligible under RCW
9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state
system and national instant criminal background check system, provided
for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et
seq.), to make criminal background checks of applicants to purchase
firearms. However, a chief of police or sheriff, or a designee of
either, shall continue to check the department of social and health
services' electronic database and with other agencies or resources as
appropriate, to determine whether applicants are ineligible under RCW
9.41.040 to possess a firearm.
(3) In any case under ((subsection (1)(c) of)) this section where
the applicant has an outstanding warrant for his or her arrest from any
court of competent jurisdiction for a felony or misdemeanor, the dealer
shall hold the delivery of the pistol until the warrant for arrest is
served and satisfied by appropriate court appearance. The local
jurisdiction for purposes of the sale shall confirm the existence of
outstanding warrants within seventy-two hours after notification of the
application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the warrant
was for an offense other than an offense making a person ineligible
under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040 to
possess a pistol, or (e) an arrest for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, if the records of
disposition have not yet been reported or entered sufficiently to
determine eligibility to purchase a pistol, the local jurisdiction may
hold the sale and delivery of the pistol ((beyond five days)) up to
thirty days in order to confirm existing records in this state or
elsewhere. After thirty days, the hold will be lifted unless an
extension of the thirty days is approved by a local district court or
municipal court for good cause shown. A dealer shall be notified of
each hold placed on the sale by local law enforcement and of any
application to the court for additional hold period to confirm records
or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the dealer an
application containing his or her full name, residential address, date
and place of birth, race, and gender; the date and hour of the
application; the applicant's driver's license number or state
identification card number; a description of the pistol including the
make, model, caliber and manufacturer's number if available at the time
of applying for the purchase of a pistol. If the manufacturer's number
is not available, the application may be processed, but delivery of the
pistol to the purchaser may not occur unless the manufacturer's number
is recorded on the application by the dealer and transmitted to the
chief of police of the municipality or the sheriff of the county in
which the purchaser resides; and a statement that the purchaser is
eligible to possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal
law and state law on the possession of firearms differ. If you
are prohibited by federal law from possessing a firearm, you
may be prosecuted in federal court. State permission to
purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and
wildlife pamphlet on the legal limits of the use of firearms, firearms
safety, and the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state law.
The dealer shall, by the end of the business day, sign and attach
his or her address and deliver a copy of the application and such other
documentation as required under subsection (1) of this section to the
chief of police of the municipality or the sheriff of the county of
which the purchaser is a resident. The triplicate shall be retained by
the dealer for six years. [ This places a heavy administrative burden and expense on the dealer ]
The dealer shall deliver the pistol to the
purchaser following the period of time specified in this ((section))
chapter unless the dealer is notified of an investigative hold under
subsection (4) of this section in writing by the chief of police of the
municipality or the sheriff of the county, whichever is applicable,
denying the purchaser's application to purchase and the grounds
thereof. The application shall not be denied unless the purchaser is
not eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or
federal law.
The chief of police of the municipality or the sheriff of the
county shall retain or destroy applications to purchase a pistol in
accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding
identity or eligibility requirements on the application to purchase a
pistol is guilty of false swearing under RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for
resale or to the sale of antique firearms.
Sec. 6.
RCW 9.41.122 and 1970 ex.s. c 74 s 1 are each amended to
read as follows:
Residents of Washington may purchase rifles and shotguns in a state
other than Washington: PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control Act of 1968, Title IV,
Pub. L. 90-351 as administered by the United States secretary of the
treasury: AND PROVIDED FURTHER, That such residents are eligible to
purchase or possess such weapons in Washington and in the state in
which such purchase is made: AND PROVIDED FURTHER, That when any part
of the transaction takes place in Washington, including, but not
limited to, internet sales, such residents are subject to the
procedures and background checks required by this chapter. [ What effect will this have on Washington retail sales? Will this keep out of state dealers from selling to Washington residents?]
Sec. 7.
RCW 9.41.124 and 1970 ex.s. c 74 s 2 are each amended to
read as follows:
Residents of a state other than Washington may purchase rifles and
shotguns in Washington: PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control Act of 1968, Title IV,
Pub. L. 90-351 as administered by the United States secretary of the
treasury: AND PROVIDED FURTHER, That such residents are eligible to
purchase or possess such weapons in Washington and in the state in
which such persons reside: AND PROVIDED FURTHER, That such residents
are subject to the procedures and background checks required by this
chapter. [ What effect will this have on Washington retail sales? ]
NEW SECTION.
Sec. 8.
A new section is added to chapter 9.41 RCW
to read as follows:
The department of licensing shall have the authority to adopt rules
for the implementation of this chapter as amended. In addition, the
department of licensing shall report any violation of this chapter by
a licensed dealer to the bureau of alcohol, tobacco, firearms and
explosives within the United States department of justice and shall
have the authority, after notice and a hearing, to revoke the license
of any licensed dealer found to be in violation of this chapter.
NEW SECTION.
Sec. 9.
A new section is added to chapter 9.41 RCW
to read as follows:
Notwithstanding the penalty provisions in this chapter, any person
knowingly violating section 3 of this act is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW. If a person previously
has been found guilty under this section, then the person is guilty of
a class C felony punishable under chapter 9A.20 RCW for each subsequent
knowing violation of section 3 of this act. A person is guilty of a
separate offense for each and every gun sold or transferred without
complying with the background check requirements of section 3 of this
act. It is an affirmative defense to any prosecution brought under
this section that the sale or transfer satisfied one of the exceptions
in section 3(4) of this act. [ This seems pretty clear ]
NEW SECTION.
Sec. 10.
A new section is added to chapter 82.08 RCW
to read as follows:
The tax imposed by RCW 82.08.020 does not apply to the sale or
transfer of any firearms between two unlicensed persons if the
unlicensed persons have complied with all background check requirements
of chapter 9.41 RCW.
Sec. 11.
RCW 82.12.040 and 2011 1st sp.s. c 20 s 103 are each
amended to read as follows:
(1) Every person who maintains in this state a place of business or
a stock of goods, or engages in business activities within this state,
shall obtain from the department a certificate of registration, and
shall, at the time of making sales of tangible personal property,
digital goods, digital codes, digital automated services, extended
warranties, or sales of any service defined as a retail sale in RCW
82.04.050 (2) (a) or (g), (3)(a), or (6)(b), or making transfers of
either possession or title, or both, of tangible personal property for
use in this state, collect from the purchasers or transferees the tax
imposed under this chapter. The tax to be collected under this section
must be in an amount equal to the purchase price multiplied by the rate
in effect for the retail sales tax under RCW 82.08.020. For the
purposes of this chapter, the phrase "maintains in this state a place
of business" shall include the solicitation of sales and/or taking of
orders by sales agents or traveling representatives. For the purposes
of this chapter, "engages in business activity within this state"
includes every activity which is sufficient under the Constitution of
the United States for this state to require collection of tax under
this chapter. The department must in rules specify activities which
constitute engaging in business activity within this state, and must
keep the rules current with future court interpretations of the
Constitution of the United States.
(2) Every person who engages in this state in the business of
acting as an independent selling agent for persons who do not hold a
valid certificate of registration, and who receives compensation by
reason of sales of tangible personal property, digital goods, digital
codes, digital automated services, extended warranties, or sales of any
service defined as a retail sale in RCW 82.04.050 (2) (a) or (g),
(3)(a), or (6)(b), of his or her principals for use in this state,
must, at the time such sales are made, collect from the purchasers the
tax imposed on the purchase price under this chapter, and for that
purpose is deemed a retailer as defined in this chapter.
(3) The tax required to be collected by this chapter is deemed to
be held in trust by the retailer until paid to the department, and any
retailer who appropriates or converts the tax collected to the
retailer's own use or to any use other than the payment of the tax
provided herein to the extent that the money required to be collected
is not available for payment on the due date as prescribed is guilty of
a misdemeanor. In case any seller fails to collect the tax herein
imposed or having collected the tax, fails to pay the same to the
department in the manner prescribed, whether such failure is the result
of the seller's own acts or the result of acts or conditions beyond the
seller's control, the seller is nevertheless personally liable to the
state for the amount of such tax, unless the seller has taken from the
buyer a copy of a direct pay permit issued under RCW 82.32.087.
(4) Any retailer who refunds, remits, or rebates to a purchaser, or
transferee, either directly or indirectly, and by whatever means, all
or any part of the tax levied by this chapter is guilty of a
misdemeanor.
(5) Notwithstanding subsections (1) through (4) of this section,
any person making sales is not obligated to collect the tax imposed by
this chapter if:
(a) The person's activities in this state, whether conducted
directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web site on
a server or other computer equipment located in Washington that is not
owned or operated by the person making sales into this state nor owned
or operated by an affiliated person. "Affiliated persons" has the same
meaning as provided in RCW 82.04.424.
(6) Subsection (5) of this section expires when: (a) The United
States congress grants individual states the authority to impose sales
and use tax collection duties on remote sellers; or (b) it is
determined by a court of competent jurisdiction, in a judgment not
subject to review, that a state can impose sales and use tax collection
any person making sales is not obligated to collect the tax imposed by
this chapter if the person would have been obligated to collect retail
sales tax on the sale absent a specific exemption provided in chapter
82.08 RCW, and there is no corresponding use tax exemption in this
chapter. Nothing in this subsection (7) may be construed as relieving
purchasers from liability for reporting and remitting the tax due under
this chapter directly to the department.
(8) Notwithstanding subsections (1) through (4) of this section,
any person making sales is not obligated to collect the tax imposed by
this chapter if the state is prohibited under the Constitution or laws
of the United States from requiring the person to collect the tax
imposed by this chapter. [ Unless I'm missing something, this entire section appears to apply to ALL businesses and taxes everything. ]
(9) Notwithstanding subsections (1) through (4) of this section,
any licensed dealer facilitating a firearm sale or transfer between two
unlicensed persons by conducting background checks under chapter 9.41
RCW is not obligated to collect the tax imposed by this chapter.
NEW SECTION.
Sec. 12.
If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
[ Finally I have to ask, what will be the administrative costs at the local, county, and state levels for this?
We know the tax payers will be footing the bill for these costs. ]
INITIATIVE 594.pdf [ Link ]
I'm going to try to highlight issues that may not be immediately visible in the campaigns.
I hope that you will take the time to read this and consider what you have seen here when you vote in November.
After an Increase in Gun Laws, Los Angeles Sees a Change in Violent Crime
Here's what Law Enforcement has to say.
In Harm’s Way—I594 & Law Enforcement
My analysis begins here.
I 591:
This initiative is clear and concise with nothing that is difficult to detect, no language that may have unintended consequences.
Initiative Measure No. 591
(filed May 23, 2013)
PROTECT OUR GUN RIGHTS
AN ACT Relating to protecting gun and other firearm rights; adding new sections to chapter 9.41
RCW; and creating new sections.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION.
Sec. 1.
A new section is added to chapter 9.41 RCW to read as follows:
It is unlawful for any government agency to confiscate guns or other firearms from citizens without
due process.
NEW SECTION.
Sec. 2.
A new section is added to chapter 9.41 RCW to read as follows:
It is unlawful for any government agency to require background checks on the recipient of a firearm
unless a uniform national standard is required.
NEW SECTION.
Sec. 3.
The provisions of this act are to be liberally construed to effectuate the
intent, policies, and purposes of this act.
NEW SECTION.
Sec. 4.
If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION.
Sec. 5.
This act is known and may be cited as the “Protect Our Gun Rights Act.”
--- END ---
Link: A look at the state's current background check law
I 591 PROTECT OUR GUN RIGHTS Link
Interesting parallels with this and Washington State's I-594
Mr. Hickenlooper, a low-key liberal who went from successful saloon developer to the Denver mayor’s office, was elected governor as part of a concerted effort by liberal billionaires to take over a Western state.
Colorado’s Second Amendment wildfire
Notice where the funding is coming from so far....
" Supporters have raised more than $3.4 million, of which $580,000 came from former Microsoft CEO Steve Ballmer and his wife, Connie. That amount includes a $250,000 donation in the past few weeks.
Bill and Melinda Gates have given $50,000 to I-594, and venture capitalist Nick Hanauer, and his wife Lenore, have given a combined $490,000, and Hanauer has pledged an additional $530,000. "
From NWCN.com
Money starts to flow in for Washington gun initiatives (I found it interesting that this news item has been removed from the NWCN web site )
I 594
This initiative may have unintended consequences.
AN ACT Relating to requiring criminal and public safety background
checks for gun sales and transfers; amending RCW 9.41.010, 9.41.090,
9.41.122, 9.41.124, and 82.12.040; adding new sections to chapter 9.41
RCW; adding a new section to chapter 82.08 RCW; creating a new section;
and prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION.
Sec. 1.
There is broad consensus that felons,
persons convicted of domestic violence crimes, and persons dangerously
mentally ill as determined by a court should not be eligible to possess
guns for public safety reasons. Criminal and public safety background
checks are an effective and easy mechanism to ensure that guns are not
purchased by or transferred to those who are prohibited from possessing
them. Criminal and public safety background checks also reduce illegal
gun trafficking. Because Washington's current background check
requirements apply only to sales or transfers by licensed firearms
dealers, many guns are sold or transferred without a criminal and
public safety background check, allowing criminals and dangerously
mentally ill individuals to gain access to guns.
Conducting criminal and public safety background checks will help
ensure that all persons buying guns are legally eligible to do so. The
people find that it is in the public interest to strengthen our
background check system by extending the requirement for a background
check to apply to all gun sales and transfers in the state, except as
permitted herein. To encourage compliance with background check
requirements, the sales tax imposed by RCW 82.08.020 would not apply to
the sale or transfer of any firearms between two unlicensed persons if
the unlicensed persons have complied with all background check
requirements.
This measure would extend criminal and public safety background
checks to all gun sales or transfers. Background checks would not be
required for gifts between immediate family members or for antiques.
Sec. 2.
RCW 9.41.010 and 2013 c 183 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a firearm not
designed or redesigned for using rim fire or conventional center fire
ignition with fixed ammunition and manufactured in or before 1898,
including any matchlock, flintlock, percussion cap, or similar type of
ignition system and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the
ordinary channels of commercial trade.
(2) "Barrel length" means the distance from the bolt face of a
closed action down the length of the axis of the bore to the crown of
the muzzle, or in the case of a barrel with attachments to the end of
any legal device permanently attached to the end of the muzzle.
(3) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter
amended: Any felony defined under any law as a class A felony or an
attempt to commit a class A felony, criminal solicitation of or
criminal conspiracy to commit a class A felony, manslaughter in the
first degree, manslaughter in the second degree, indecent liberties if
committed by forcible compulsion, kidnapping in the second degree,
arson in the second degree, assault in the second degree, assault of a
child in the second degree, extortion in the first degree, burglary in
the second degree, residential burglary, and robbery in the second
degree;
(b) Any conviction for a felony offense in effect at any time prior
to June 6, 1996, which is comparable to a felony classified as a crime
of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence under (a) or
(b) of this subsection.
(4) "Dealer" means a person engaged in the business of selling
firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who
does not have, and is not required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells all or
part of his or her personal collection of firearms.
(5) "Family or household member" means "family" or "household
member" as used in RCW 10.99.020.
(6) "Felony" means any felony offense under the laws of this state
or any federal or out-of-state offense comparable to a felony offense
under the laws of this state.
(7) "Felony firearm offender" means a person who has previously
been convicted or found not guilty by reason of insanity in this state
of any felony firearm offense. A person is not a felony firearm
offender under this chapter if any and all qualifying offenses have
been the subject of an expungement, pardon, annulment, certificate, or
rehabilitation, or other equivalent procedure based on a finding of the
rehabilitation of the person convicted or a pardon, annulment, or other
equivalent procedure based on a finding of innocence.
(8) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter ((9.41
RCW));
(b) A violation of RCW 9A.36.045;
(c) A violation of RCW 9A.56.300;
(d) A violation of RCW 9A.56.310;
(e) Any felony offense if the offender was armed with a firearm in
the commission of the offense.
(9) "Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
(10) "Gun" has the same meaning as firearm.
(11) "Law enforcement officer" includes a general authority
Washington peace officer as defined in RCW 10.93.020, or a specially
commissioned Washington peace officer as defined in RCW 10.93.020.
"Law enforcement officer" also includes a limited authority Washington
peace officer as defined in RCW 10.93.020 if such officer is duly
authorized by his or her employer to carry a concealed pistol.
(((11))) (12) "Lawful permanent resident" has the same meaning
afforded a person "lawfully admitted for permanent residence" in 8
U.S.C. Sec. 1101(a)(20).
(((12))) (13) "Licensed dealer" means a person who is federally
licensed under 18 U.S.C. Sec. 923(a).
(14) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted
in the action; or
(e) There is a ball in the barrel and the firearm is capped or
primed if the firearm is a muzzle loader.
(((13))) (15) "Machine gun" means any firearm known as a machine
gun, mechanical rifle, submachine gun, or any other mechanism or
instrument not requiring that the trigger be pressed for each shot and
having a reservoir clip, disc, drum, belt, or other separable
mechanical device for storing, carrying, or supplying ammunition which
can be loaded into the firearm, mechanism, or instrument, and fired
therefrom at the rate of five or more shots per second. [ This could encompass virtually all semi-automatic firearms ]
(((14))) (16) "Nonimmigrant alien" means a person defined as such
in 8 U.S.C. Sec. 1101(a)(15).
(((15))) (17) "Person" means any individual, corporation, company,
association, firm, partnership, club, organization, society, joint
stock company, or other legal entity.
(18) "Pistol" means any firearm with a barrel less than sixteen
inches in length, or is designed to be held and fired by the use of a
single hand.
(((16))) (19) "Rifle" means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned, made or remade, and intended to use the energy of the
explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
(((17))) (20) "Sale" and "sell" ((refers to)) mean the actual
approval of the delivery of a firearm in consideration of payment or
promise of payment ((of a certain price in money)).
(((18))) (21) "Serious offense" means any of the following felonies
or a felony attempt to commit any of the following felonies, as now
existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act,
chapter 69.50 RCW, that is classified as a class B felony or that has
a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(l) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual
motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW
9.94A.825; ((or))
(o) Any felony offense in effect at any time prior to June 6, 1996,
that is comparable to a serious offense, or any federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony classified as a serious offense; or
(p) Any felony conviction under section 9 of this act.
(((19))) (22) "Short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle by any means of modification if such modified weapon has
an overall length of less than twenty-six inches.
(((20))) (23) "Short-barreled shotgun" means a shotgun having one
or more barrels less than eighteen inches in length and any weapon made
from a shotgun by any means of modification if such modified weapon has
an overall length of less than twenty-six inches.
(((21))) (24) "Shotgun" means a weapon with one or more barrels,
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned, made or remade, and intended
to use the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(25) "Transfer" means the intended delivery of a firearm to another
person without consideration of payment or promise of payment
including, but not limited to, gifts and loans. [ The reading of this could be overly broad, what EXACTLY constitutes a transfer? ]
(26) "Unlicensed person" means any person who is not a licensed
dealer under this chapter.
NEW SECTION.
Sec. 3.
A new section is added to chapter 9.41 RCW
to read as follows:
(1) All firearm sales or transfers, in whole or part in this state
including without limitation a sale or transfer where either the
purchaser or seller or transferee or transferor is in Washington, shall
be subject to background checks unless specifically exempted by state
or federal law. The background check requirement applies to all sales
or transfers including, but not limited to, sales and transfers through
a licensed dealer, at gun shows, online, and between unlicensed
persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a
licensed dealer, the parties to the transaction shall complete the sale
or transfer through a licensed dealer as follows:
(a) The seller or transferor shall deliver the firearm to a
licensed dealer to process the sale or transfer as if it is selling or
transferring the firearm from its inventory to the purchaser or
transferee, except that the unlicensed seller or transferor may remove
the firearm from the business premises of the licensed dealer while the
background check is being conducted. If the seller or transferor
removes the firearm from the business premises of the licensed dealer
while the background check is being conducted, the purchaser or
transferee and the seller or transferor shall return to the business
premises of the licensed dealer and the seller or transferor shall
again deliver the firearm to the licensed dealer prior to completing
the sale or transfer.
(b) Except as provided in (a) of this subsection, the licensed
dealer shall comply with all requirements of federal and state law that
would apply if the licensed dealer were selling or transferring the
firearm from its inventory to the purchaser or transferee, including
but not limited to conducting a background check on the prospective
purchaser or transferee in accordance with federal and state law
requirements and fulfilling all federal and state recordkeeping
requirements.
(c) The purchaser or transferee must complete, sign, and submit all
federal, state, and local forms necessary to process the required
background check to the licensed dealer conducting the background
check.
(d) If the results of the background check indicate that the
purchaser or transferee is ineligible to possess a firearm, then the
licensed dealer shall return the firearm to the seller or transferor.
(e) The licensed dealer may charge a fee that reflects the fair
market value of the administrative costs and efforts incurred by the
licensed dealer for facilitating the sale or transfer of the firearm. [ There doesn't seem to be a cap on this fee, this could become punitive in the future ]
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this
subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first
cousins, aunts, and uncles, that is a bona fide gift; [ Proof of gift needed? ]
(b) The sale or transfer of an antique firearm;
(c) A temporary transfer of possession of a firearm if such
transfer is necessary to prevent imminent death or great bodily harm to
the person to whom the firearm is transferred if:
(i) The temporary transfer only lasts as long as immediately
necessary to prevent such imminent death or great bodily harm; and
(ii) The person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law;
(d) Any law enforcement or corrections agency and, to the extent
the person is acting within the course and scope of his or her
employment or official duties, any law enforcement or corrections
officer, United States marshal, member of the armed forces of the
United States or the national guard, or federal official;
(e) A federally licensed gunsmith who receives a firearm solely for
the purposes of service or repair, or the return of the firearm to its
owner by the federally licensed gunsmith;
(f) The temporary transfer of a firearm (i) between spouses or
domestic partners; (ii) if the temporary transfer occurs, and the
firearm is kept at all times, at an established shooting range
authorized by the governing body of the jurisdiction in which such
range is located; (iii) if the temporary transfer occurs and the
transferee's possession of the firearm is exclusively at a lawful
organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group
that uses firearms as a part of the performance; (iv) to a person who
is under eighteen years of age for lawful hunting, sporting, or
educational purposes while under the direct supervision and control of
a responsible adult who is not prohibited from possessing firearms; or
(v) while hunting if the hunting is legal in all places where the
person to whom the firearm is transferred possesses the firearm and the
person to whom the firearm is transferred has completed all training
and holds all licenses or permits required for such hunting, provided
that any temporary transfer allowed by this subsection is permitted
only if the person to whom the firearm is transferred is not prohibited
from possessing firearms under state or federal law; or
[ The above language seems to have overly broad implications:
No shooting anywhere except at a range, competition or hunting?
No target shooting on public / private lands?
Does this mean if you hand off a firearm to a person for examination this constitutes a transfer and you are breaking the law?
This also completely outlaws ANY LOANS of a firearm to anyone for any reason.
Sorry bud, you can't use my shotgun / rifle to go hunting. Too bad if you can't afford one of your own, and you need to hunt to eat.
What if your spouse, significant other, room mate, or friend leaves a pistol in a back pack or other container and you come along and grab it, toss stuff in without looking and take off with it un-aware that the weapon is in there?
We know from experience that laws that require interpretation can and will be abused or misapplied.
Too many things here that need to be either detailed out or pared down. ]
(g) A person who (i) acquired a firearm other than a pistol by
operation of law upon the death of the former owner of the firearm or
(ii) acquired a pistol by operation of law upon the death of the former
owner of the pistol within the preceding sixty days. At the end of the
sixty-day period, the person must either have lawfully transferred the
pistol or must have contacted the department of licensing to notify the
department that he or she has possession of the pistol and intends to
retain possession of the pistol, in compliance with all federal and
state laws.
[ Nothing here seems to have a limitation on retro-activity. Does this mean that all firearms inherited prior to this law will have to be "transferred" ? ]
NEW SECTION.Sec. 4.
A new section is added to chapter 9.41 RCW
to read as follows:
Except as otherwise provided in this chapter, a licensed dealer may
not deliver any firearm to a purchaser or transferee until the earlier
of:
(1) The results of all required background checks are known and the
purchaser or transferee is not prohibited from owning or possessing a
firearm under federal or state law; or
(2) Ten business days have elapsed from the date the licensed
dealer requested the background check.
However, for sales and
transfers of pistols if the purchaser or transferee does not have a
valid permanent Washington driver's license or state identification
card or has not been a resident of the state for the previous
consecutive ninety days, then the time period in this subsection shall
be extended from ten business days to sixty days. [ Increases wait time substantially ]
Sec. 5.
RCW 9.41.090 and 1996 c 295 s 8 are each amended to read
as follows:
(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the
dealer has recorded the purchaser's name, license number, and issuing
agency, such record to be made in triplicate and processed as provided
in subsection (5) of this section. For purposes of this subsection
(1)(a), a "valid concealed pistol license" does not include a temporary
emergency license, and does not include any license issued before July
1, 1996, unless the issuing agency conducted a records search for
disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the
sheriff of the jurisdiction in which the purchaser resides that the
purchaser is eligible to possess a pistol under RCW 9.41.040 and that
the application to purchase is approved by the chief of police or
sheriff; or
(c) The requirements or time periods in section 4 of this act have
been satisfied ((Five business days, meaning days on which state
offices are open, have elapsed from the time of receipt of the
application for the purchase thereof as provided herein by the chief of
police or sheriff designated in subsection (5) of this section, and,
when delivered, the pistol shall be securely wrapped and shall be
unloaded. However, if the purchaser does not have a valid permanent
Washington driver's license or state identification card or has not
been a resident of the state for the previous consecutive ninety days,
the waiting period under this subsection (1)(c) shall be up to sixty
days)).
(2)(a) Except as provided in (b) of this subsection, in determining
whether the purchaser meets the requirements of RCW 9.41.040, the chief
of police or sheriff, or the designee of either, shall check with the
national crime information center, the Washington state patrol
electronic database, the department of social and health services
electronic database, and with other agencies or resources as
appropriate, to determine whether the applicant is ineligible under RCW
9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state
system and national instant criminal background check system, provided
for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et
seq.), to make criminal background checks of applicants to purchase
firearms. However, a chief of police or sheriff, or a designee of
either, shall continue to check the department of social and health
services' electronic database and with other agencies or resources as
appropriate, to determine whether applicants are ineligible under RCW
9.41.040 to possess a firearm.
(3) In any case under ((subsection (1)(c) of)) this section where
the applicant has an outstanding warrant for his or her arrest from any
court of competent jurisdiction for a felony or misdemeanor, the dealer
shall hold the delivery of the pistol until the warrant for arrest is
served and satisfied by appropriate court appearance. The local
jurisdiction for purposes of the sale shall confirm the existence of
outstanding warrants within seventy-two hours after notification of the
application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the warrant
was for an offense other than an offense making a person ineligible
under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040 to
possess a pistol, or (e) an arrest for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, if the records of
disposition have not yet been reported or entered sufficiently to
determine eligibility to purchase a pistol, the local jurisdiction may
hold the sale and delivery of the pistol ((beyond five days)) up to
thirty days in order to confirm existing records in this state or
elsewhere. After thirty days, the hold will be lifted unless an
extension of the thirty days is approved by a local district court or
municipal court for good cause shown. A dealer shall be notified of
each hold placed on the sale by local law enforcement and of any
application to the court for additional hold period to confirm records
or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the dealer an
application containing his or her full name, residential address, date
and place of birth, race, and gender; the date and hour of the
application; the applicant's driver's license number or state
identification card number; a description of the pistol including the
make, model, caliber and manufacturer's number if available at the time
of applying for the purchase of a pistol. If the manufacturer's number
is not available, the application may be processed, but delivery of the
pistol to the purchaser may not occur unless the manufacturer's number
is recorded on the application by the dealer and transmitted to the
chief of police of the municipality or the sheriff of the county in
which the purchaser resides; and a statement that the purchaser is
eligible to possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal
law and state law on the possession of firearms differ. If you
are prohibited by federal law from possessing a firearm, you
may be prosecuted in federal court. State permission to
purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and
wildlife pamphlet on the legal limits of the use of firearms, firearms
safety, and the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state law.
The dealer shall, by the end of the business day, sign and attach
his or her address and deliver a copy of the application and such other
documentation as required under subsection (1) of this section to the
chief of police of the municipality or the sheriff of the county of
which the purchaser is a resident. The triplicate shall be retained by
the dealer for six years. [ This places a heavy administrative burden and expense on the dealer ]
The dealer shall deliver the pistol to the
purchaser following the period of time specified in this ((section))
chapter unless the dealer is notified of an investigative hold under
subsection (4) of this section in writing by the chief of police of the
municipality or the sheriff of the county, whichever is applicable,
denying the purchaser's application to purchase and the grounds
thereof. The application shall not be denied unless the purchaser is
not eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or
federal law.
The chief of police of the municipality or the sheriff of the
county shall retain or destroy applications to purchase a pistol in
accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding
identity or eligibility requirements on the application to purchase a
pistol is guilty of false swearing under RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for
resale or to the sale of antique firearms.
Sec. 6.
RCW 9.41.122 and 1970 ex.s. c 74 s 1 are each amended to
read as follows:
Residents of Washington may purchase rifles and shotguns in a state
other than Washington: PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control Act of 1968, Title IV,
Pub. L. 90-351 as administered by the United States secretary of the
treasury: AND PROVIDED FURTHER, That such residents are eligible to
purchase or possess such weapons in Washington and in the state in
which such purchase is made: AND PROVIDED FURTHER, That when any part
of the transaction takes place in Washington, including, but not
limited to, internet sales, such residents are subject to the
procedures and background checks required by this chapter. [ What effect will this have on Washington retail sales? Will this keep out of state dealers from selling to Washington residents?]
Sec. 7.
RCW 9.41.124 and 1970 ex.s. c 74 s 2 are each amended to
read as follows:
Residents of a state other than Washington may purchase rifles and
shotguns in Washington: PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control Act of 1968, Title IV,
Pub. L. 90-351 as administered by the United States secretary of the
treasury: AND PROVIDED FURTHER, That such residents are eligible to
purchase or possess such weapons in Washington and in the state in
which such persons reside: AND PROVIDED FURTHER, That such residents
are subject to the procedures and background checks required by this
chapter. [ What effect will this have on Washington retail sales? ]
NEW SECTION.
Sec. 8.
A new section is added to chapter 9.41 RCW
to read as follows:
The department of licensing shall have the authority to adopt rules
for the implementation of this chapter as amended. In addition, the
department of licensing shall report any violation of this chapter by
a licensed dealer to the bureau of alcohol, tobacco, firearms and
explosives within the United States department of justice and shall
have the authority, after notice and a hearing, to revoke the license
of any licensed dealer found to be in violation of this chapter.
NEW SECTION.
Sec. 9.
A new section is added to chapter 9.41 RCW
to read as follows:
Notwithstanding the penalty provisions in this chapter, any person
knowingly violating section 3 of this act is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW. If a person previously
has been found guilty under this section, then the person is guilty of
a class C felony punishable under chapter 9A.20 RCW for each subsequent
knowing violation of section 3 of this act. A person is guilty of a
separate offense for each and every gun sold or transferred without
complying with the background check requirements of section 3 of this
act. It is an affirmative defense to any prosecution brought under
this section that the sale or transfer satisfied one of the exceptions
in section 3(4) of this act. [ This seems pretty clear ]
NEW SECTION.
Sec. 10.
A new section is added to chapter 82.08 RCW
to read as follows:
The tax imposed by RCW 82.08.020 does not apply to the sale or
transfer of any firearms between two unlicensed persons if the
unlicensed persons have complied with all background check requirements
of chapter 9.41 RCW.
Sec. 11.
RCW 82.12.040 and 2011 1st sp.s. c 20 s 103 are each
amended to read as follows:
(1) Every person who maintains in this state a place of business or
a stock of goods, or engages in business activities within this state,
shall obtain from the department a certificate of registration, and
shall, at the time of making sales of tangible personal property,
digital goods, digital codes, digital automated services, extended
warranties, or sales of any service defined as a retail sale in RCW
82.04.050 (2) (a) or (g), (3)(a), or (6)(b), or making transfers of
either possession or title, or both, of tangible personal property for
use in this state, collect from the purchasers or transferees the tax
imposed under this chapter. The tax to be collected under this section
must be in an amount equal to the purchase price multiplied by the rate
in effect for the retail sales tax under RCW 82.08.020. For the
purposes of this chapter, the phrase "maintains in this state a place
of business" shall include the solicitation of sales and/or taking of
orders by sales agents or traveling representatives. For the purposes
of this chapter, "engages in business activity within this state"
includes every activity which is sufficient under the Constitution of
the United States for this state to require collection of tax under
this chapter. The department must in rules specify activities which
constitute engaging in business activity within this state, and must
keep the rules current with future court interpretations of the
Constitution of the United States.
(2) Every person who engages in this state in the business of
acting as an independent selling agent for persons who do not hold a
valid certificate of registration, and who receives compensation by
reason of sales of tangible personal property, digital goods, digital
codes, digital automated services, extended warranties, or sales of any
service defined as a retail sale in RCW 82.04.050 (2) (a) or (g),
(3)(a), or (6)(b), of his or her principals for use in this state,
must, at the time such sales are made, collect from the purchasers the
tax imposed on the purchase price under this chapter, and for that
purpose is deemed a retailer as defined in this chapter.
(3) The tax required to be collected by this chapter is deemed to
be held in trust by the retailer until paid to the department, and any
retailer who appropriates or converts the tax collected to the
retailer's own use or to any use other than the payment of the tax
provided herein to the extent that the money required to be collected
is not available for payment on the due date as prescribed is guilty of
a misdemeanor. In case any seller fails to collect the tax herein
imposed or having collected the tax, fails to pay the same to the
department in the manner prescribed, whether such failure is the result
of the seller's own acts or the result of acts or conditions beyond the
seller's control, the seller is nevertheless personally liable to the
state for the amount of such tax, unless the seller has taken from the
buyer a copy of a direct pay permit issued under RCW 82.32.087.
(4) Any retailer who refunds, remits, or rebates to a purchaser, or
transferee, either directly or indirectly, and by whatever means, all
or any part of the tax levied by this chapter is guilty of a
misdemeanor.
(5) Notwithstanding subsections (1) through (4) of this section,
any person making sales is not obligated to collect the tax imposed by
this chapter if:
(a) The person's activities in this state, whether conducted
directly or through another person, are limited to:
(i) The storage, dissemination, or display of advertising;
(ii) The taking of orders; or
(iii) The processing of payments; and
(b) The activities are conducted electronically via a web site on
a server or other computer equipment located in Washington that is not
owned or operated by the person making sales into this state nor owned
or operated by an affiliated person. "Affiliated persons" has the same
meaning as provided in RCW 82.04.424.
(6) Subsection (5) of this section expires when: (a) The United
States congress grants individual states the authority to impose sales
and use tax collection duties on remote sellers; or (b) it is
determined by a court of competent jurisdiction, in a judgment not
subject to review, that a state can impose sales and use tax collection
duties on remote sellers. [ Back door attempt to tax internet sales? ]
(7) Notwithstanding subsections (1) through (4) of this section,any person making sales is not obligated to collect the tax imposed by
this chapter if the person would have been obligated to collect retail
sales tax on the sale absent a specific exemption provided in chapter
82.08 RCW, and there is no corresponding use tax exemption in this
chapter. Nothing in this subsection (7) may be construed as relieving
purchasers from liability for reporting and remitting the tax due under
this chapter directly to the department.
(8) Notwithstanding subsections (1) through (4) of this section,
any person making sales is not obligated to collect the tax imposed by
this chapter if the state is prohibited under the Constitution or laws
of the United States from requiring the person to collect the tax
imposed by this chapter. [ Unless I'm missing something, this entire section appears to apply to ALL businesses and taxes everything. ]
(9) Notwithstanding subsections (1) through (4) of this section,
any licensed dealer facilitating a firearm sale or transfer between two
unlicensed persons by conducting background checks under chapter 9.41
RCW is not obligated to collect the tax imposed by this chapter.
NEW SECTION.
Sec. 12.
If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
[ Finally I have to ask, what will be the administrative costs at the local, county, and state levels for this?
We know the tax payers will be footing the bill for these costs. ]
INITIATIVE 594.pdf [ Link ]