We trust that the foregoing will be of assistance to you. (B) Provide the court with verification that any concealed pistol license issued to the respondent has been surrendered and the agency with authority to revoke the license has been notified. (2) A law enforcement officer serving a protection order, no-contact order, or restraining order that includes an order to surrender all firearms, dangerous weapons, and a concealed pistol license under RCW. (1) A person may file a voluntary waiver of firearm rights with the clerk of the court in any county in Washington state. For the purpose of assisting courts in ensuring compliance with an order to surrender and prohibit weapons or an extreme risk protection order, the department of licensing, or the agency with responsibility for maintaining that information should it be an agency other than the department of licensing, shall make the following information available to prosecuting attorneys' offices, city attorneys' offices, public defender agency staff, probation services personnel, and judicial officers and staff of municipal, district, and superior courts for the following law enforcement purposes: (1) Determining whether a person is ineligible to possess firearms; (2) Determining a person's firearms purchase history; and. Sec. (c) "West state capitol campus grounds" means areas of the campus south of Powerhouse Rd. No license application shall be granted to a nonimmigrant alien convicted of a felony unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Possession of firearms by intoxicated persons presents a clear danger to the public. Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. 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. (4) Subsections (2) and (3) of this section do not apply to any firearm that: (a) Has been rendered permanently inoperable; (b) Is an antique firearm, as defined in 18 U.S.C. The notice must contain the date the concealed pistol license will expire, the amount of renewal fee, the penalty for late renewal, and instructions on how to renew the license. (ii) The court shall take judicial notice of the receipt filed with the court by the law enforcement agency pursuant to subsection (3) of this section. Restricted access areas do not include common areas of egress and ingress open to the general public; (d) That portion of an establishment classified by the state liquor and cannabis board as off-limits to persons under 21 years of age; or. (2) In addition to the other requirements of this chapter, no dealer may deliver a semiautomatic assault rifle to the purchaser thereof until: (a) The purchaser provides proof that he or she has completed a recognized firearm safety training program within the last five years that, at a minimum, includes instruction on: (ii) Firearms and children, including secure gun storage and talking to children about gun safety; (iv) Secure gun storage to prevent unauthorized access and use; (vi) State and federal firearms laws, including prohibited firearms transfers. [, (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 (6) of this section. (b) If a law enforcement agency is in possession of more than one privately owned firearm from a single person, notification relating to the return of one firearm shall be considered notification for all privately owned firearms for that person. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area. (2) A local ordinance providing for the mandatory forfeiture of a firearm in the possession of one who is intoxicated would be within the purview of RCW 9.41.290 and, therefore, would be required to be consistent with its state statutory counterpart (RCW 9.41.098) in order to be legally effective. (2) No person shall sell or transfer a firearm unless: (b) The purchaser or transferee is a licensed dealer; or. (ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse. (1) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040 (2) (a) (vii) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty . (ii) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of harassment when committed by one family or household member against another or by one intimate partner against another, committed on or after June 7, 2018; (iii) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of a violation of the provisions of a protection order under chapter, (iv) During any period of time that the person is subject to a court order issued under chapter. The safest bet, of course, is to never drink alcohol or do drugs when carrying your gun. (6) A city, town, county, or other municipality must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at any locations specified in subsection (1)(b) of this section. (5) The provisions of chapter 130, Laws of 2015 and subsection (4) of this section shall not apply to circumstances where a law enforcement officer has momentarily obtained a firearm or concealed pistol license from an individual and would otherwise immediately return the firearm or concealed pistol license to the individual during the same interaction. (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. Repealed by SL 1976, ch 158, 14-14. 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) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section. (ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state. (f) "Military service" means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard. (16)(a) "Frame or receiver" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver. Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one. The fee shall be fifty dollars plus additional charges imposed by the Washington state patrol and the federal bureau of investigation that are passed on to the applicant. (2) Every store, shop, or sales outlet where firearms are sold, that is registered as a dealer in firearms with the department of licensing, shall conspicuously post, in a prominent location so that all patrons may take notice, the following warning sign, to be provided by the department of licensing, in block letters at least one inch in height: WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION. (e) The law enforcement agency's receipt of an order to surrender and prohibit weapons or an extreme risk protection order, other than an ex parte temporary protection order, issued against the licensee. (b) "Governing body" has the same meaning as in RCW. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. Simple possession of a firearm while intoxicated (blood alcohol level of .08-.09), Misdemeanor: 93 days in jail and/or $100 fine and a 3-year suspension of CPL; Simple possession of a firearm while intoxicated (blood alcohol level of .10 or more or under the influence of a controlled substance), Misdemeanor: 93 days in jail and/or $100 fine and revocation of CPL; The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol. (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. 21-6332. 6108.3 commits a misdemeanor of the first degree if he intentionally or knowingly returns a firearm, other weapon or ammunition to a defendant or intentionally or knowingly allows a defendant to have access to the firearm, other weapon or ammunition prior to either of the following: (1) After a public hearing, the department of fish and wildlife shall publish a pamphlet on firearms safety and the legal limits of the use of firearms. (1) The administrator for the courts, under the direction of the chief justice, shall develop a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form by January 1, 2019. The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms and firearms safety. That question asks: "Are cities and counties preempted from enacting and enforcing an ordinance requiring the permanent forfeiture of the firearm used or possessed in violation of a local firearm ordinance?". 925(c), or unless RCW, (3) The sheriff shall check with the national crime information center, the Washington state patrol electronic database, the health care authority electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW. We will deal with your first two questions together since our answer in no way depends on the nature of the sanctions, criminal or civil, involved. 925(c), or RCW, (2)(a) The issuing authority shall conduct a check through the national instant criminal background check system, the Washington state patrol electronic database, the health care authority electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW. Sec. No person may deliver a firearm to any person whom he or she has reasonable cause to believe: (1) Is ineligible under RCW. Possession of a firearm while intoxicated, or "materially impaired", shooting within 100 yards of a home without permission, pointing a weapon at anyone except in self-defense, and negligent handling of a weapon are all crimes. (b) The date the court imposes the felony firearm offender's sentence, if the offender receives a sentence that does not include confinement. (c) Conviction of the licensee for a third violation of this chapter within five calendar years; (d) An order that the licensee forfeit a firearm under RCW. See, AGO 1983 No. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. The dealer shall deliver the pistol or semiautomatic assault rifle to the purchaser following the period of time specified in this chapter unless the dealer is notified of an investigative hold under subsection (5) of this section in writing by the chief of police of the municipality, the sheriff of the county, or the state, whichever is applicable, or of the denial of the purchaser's application to purchase and the grounds thereof. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the state of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business. "Import" does not mean situations where an individual possesses a large capacity magazine when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine the individual transported out of state. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. (iii) For exportation in compliance with all applicable federal laws and regulations. denied, 115. (b) The petition must be brought in the superior court that ordered the involuntary commitment or dismissed the charges based on incompetency to stand trial or the superior court of the county in which the petitioner resides. [, Conducting criminal and public safety background checks will help ensure that all persons buying guns are legally eligible to do so. HTML PDF. "Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action. (c) Evidence of the person's propensity for violence that would likely endanger persons. Finally, firearms taken from the home by children or other persons prohibited from possessing firearms have been at the heart of several tragic gun violence incidents. (3) No person may sell, offer to sell, transfer, or purchase an untraceable firearm. (a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm; and. (13) "Gun" has the same meaning as firearm. (a) The possession or use of a spring blade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or military member, while the officer or member: (ii) Is transporting a spring blade knife to or from the place where the knife is stored when the officer or member is not on official duty; or. The state also prohibits the purchase, sale, lease, rental, barter, exchange, transportation into the state or possession of a firearm by an alien unlawfully present in the U.S. (c) A license renewed under this subsection takes effect on the expiration date of the prior license and is valid for a period of one year. (4) Neither a voluntary waiver of firearm rights nor a revocation of a voluntary waiver of firearm rights shall be considered by a court in any legal proceeding. Background checks would not be required for gifts between immediate family members or for antiques." (5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law. (7) If the felony firearm offender changes his or her residence address and his or her new residence address is within this state, the offender shall personally register with the county sheriff for the county of the person's residence not later than forty-eight hours after the change of address. That marked the highest percentage since at least 1968, the earliest year for which the CDC has online records. This ensures you cannot get in trouble or jeopardize your permit. (b) The issuing authority shall deny a permit to anyone who is found to be prohibited from possessing a firearm under federal or state law. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone. (5) If a person other than the respondent claims title to any firearms or dangerous weapons surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or dangerous weapon, the firearm or dangerous weapon shall be returned to the lawful owner, provided that: (a) The firearm or dangerous weapon is removed from the respondent's access, custody, control, or possession and the lawful owner agrees by written document signed under penalty of perjury to store the firearm or dangerous weapon in a manner such that the respondent does not have access to or control of the firearm or dangerous weapon; (b) The firearm or dangerous weapon is not otherwise unlawfully possessed by the owner; and, (6) Courts shall develop procedures to verify timely and complete compliance with orders to surrender and prohibit weapons under RCW, (7)(a) If a court finds at the compliance review hearing, or any other hearing where compliance with the order to surrender and prohibit weapons is addressed, that there is probable cause to believe the respondent was aware of and failed to fully comply with the order, failed to appear at the compliance review hearing, or violated the order after the court entered findings of compliance, pursuant to its authority under chapter. (5) Any person violating this section is guilty of a class C felony. (8) The duty to register shall continue for a period of four years from the date the offender is first required to register, as described in subsection (5) of this section. (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, fulfilling all federal and state recordkeeping requirements, and complying with the specific requirements and restrictions on semiautomatic assault rifles in chapter 3, Laws of 2019. (a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan; (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. (6) "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. Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter, (1) No person may knowingly or recklessly allow, facilitate, aid, or abet the manufacture or assembly of an undetectable firearm or untraceable firearm by a person who: (a) Is ineligible under state or federal law to possess a firearm; or (b) has signed a valid voluntary waiver of firearm rights that has not been revoked under RCW, (2)(a) Any person violating this section is guilty of a gross misdemeanor punishable under chapter, (b) If a person previously has been found guilty under this section, then the person is guilty of a class C felony punishable under chapter. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law. (1) Before a law enforcement agency returns a privately owned firearm, the law enforcement agency must: (a) Confirm that the individual to whom the firearm will be returned is the individual from whom the firearm was obtained or an authorized representative of that person; (b) Confirm that the individual to whom the firearm will be returned is eligible to possess a firearm pursuant to RCW, (c) Ensure that the firearm is not otherwise required to be held in custody or otherwise prohibited from being released; and, (d) Ensure that twenty-four hours have elapsed from the time the firearm was obtained by law enforcement, unless the firearm was seized in connection with a domestic violence call pursuant to RCW. Moreover, we should also point out once again that the applicable constitutional provision isnot the Second Amendment to the United States Constitution. (11) "Federal firearms manufacturer" means a licensed manufacturer as defined in 18 U.S.C. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted.". In so concluding, however, we also cautioned (at page 5 of the addendum) that, ". (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. (d) If a person violates this section by possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more unfinished frames or receivers at a time, then the person is guilty of a gross misdemeanor punishable under chapter. We also note that while further legislation on the subject was thereafter considered during the subsequent, 1984, session no such legislation, amending or refining RCW 9.41.290,supra, has since been enacted.