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. (b) Law enforcement must immediately ensure entry of the order to surrender and prohibit weapons and the revocation of any concealed pistol license is made into the appropriate databases making the party ineligible to possess firearms and a concealed pistol license. See,e.g.,State v. Krantz, 24 Wn.2d 350, 164 P.2d 453 (1945) and cases cited therein. Therefore, to increase public safety for all Washingtonians, in particular our children, this measure would, among other things: Create an enhanced background check system applicable to semiautomatic assault rifles similar to what is required for handguns, require that individuals complete a firearm safety training course and be at least twenty-one years of age to purchase or possess such weapons, enact a waiting period for the purchase of such weapons, and establish standards for the responsible storage of all firearms." (c) "General law enforcement officer" means any person who is commissioned and employed by an employer on a full-time, fully compensated basis to enforce the criminal laws of the state of Washington generally. The court shall order the person to immediately surrender any concealed pistol license, and within three business days notify the department of licensing in writing of the required revocation of any concealed pistol license held by the person. See, AGO 1983 No. (6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. (b) "Governing body" has the same meaning as in RCW. The voluntary waiver of firearm rights form must include the following language: Because you have filed this voluntary waiver of firearm rights, effective immediately you may not purchase or receive any firearm. The background check fee does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm. (2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. (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. 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; or. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of the notification, shall immediately revoke the license. Anyone convicted under subsection (1)(a) of this section is prohibited from applying for a concealed pistol license for a period of three years from the date of conviction. Carrying loaded rifle or shotgun in vehicle: RCW, Shooting firearm from, across, or along public highway: RCW. Firearms FAQ | Washington State Intoxicated Use of a Firearm in Wisconsin (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal . (5) Elections officers and officials must post signs providing notice of the restriction on possession of firearms and other weapons at each counting center, voting center, student engagement hub, or county elections and voter registration office, or areas of facilities while being used as a counting center, a voting center, a student engagement hub, or the county elections and voter registration office. Sec. 53-206d. Carrying a firearm while under the influence of The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b). HTML PDF. (4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, email address at the option of the applicant, date and place of birth, race, gender, description, a complete set of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license fee for ammunition shall be one hundred twenty-five dollars. If the court enters an agreed order by the parties without a hearing, such an order meets the requirements of this subsection; (b) Restrains the party from harassing, stalking, or threatening an intimate partner of the party, the protected person, or child of the intimate partner, party, or protected person, or engaging in other conduct that would place an intimate partner or protected person in reasonable fear of bodily injury to the intimate partner, protected person, or child; and, (c)(i) Includes a finding that the party represents a credible threat to the physical safety of the intimate partner, protected person, or child; or. (b) If a person previously has been found to have violated this section, then the person is guilty of a misdemeanor punishable under chapter, (c) If a person previously has been found to have violated this section two or more times, then the person is guilty of a gross misdemeanor punishable under chapter, (d) If a person violates this section by manufacturing, causing to be manufactured, assembling, causing to be assembled, possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more untraceable firearms at a time, then the person is guilty of a gross misdemeanor punishable under chapter. Failure to register as felony firearm offender. (2) An application may be made to a court of competent jurisdiction for a writ of mandamus: (a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused; (b) Directing a law enforcement agency to approve an application to purchase a pistol or semiautomatic assault rifle wrongfully denied; (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application for a pistol or semiautomatic assault rifle be corrected; or. (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. (27) "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. (3) If a family or household member or intimate partner has requested to be notified pursuant to RCW, (a) Provide notice to the family or household member or intimate partner within one business day of verifying that the requirements in subsection (1) of this section have been met; and. (7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority. (4) Child care centers must post "GUN-FREE ZONE" signs giving warning of the prohibition of the possession of firearms on center premises. Firearm, alcohol, and drug violations. (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises. The results will be returned to the issuing authority. A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring court or law enforcement agency. Sec. (13) Any person violating subsection (1) or (2) of this section is guilty of a gross misdemeanor. (1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section. (2) A citizen of Canada may carry or possess any firearm so long as he or she possesses: (a) Valid documentation as required for entry into the United States; (3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. (1) A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made . The costs of the proceeding shall not be borne by the petitioner. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers; (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district; (e) Any person in possession of a pistol who has been issued a license under RCW, (i) Picking up or dropping off a student; or. A state license is not a defense to a federal prosecution. (1) In attendance at a hunter's safety course or a firearms safety course; (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (4) Hunting or trapping under a valid license issued to the person under Title. (6) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises. (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense; (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or, (g) He or she has been ordered to forfeit a firearm under RCW, No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. (2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law. (5) In addition to any other penalty provided for by law, if a person under the age of 18 years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court . (10) "Federal firearms importer" means a licensed importer as defined in 18 U.S.C. In so concluding, however, we also cautioned (at page 5 of the addendum) that, ". Page2]] of the firearm used or possessed in violation of a local firearm ordinance?". (11) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment. (2) "Spring blade knife" means any knife, including a prototype, model, or other sample, with a blade that is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement. Dangerous weapons Penalty. (3) Cities, towns, counties, and other municipalities may enact laws and ordinances: (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. (1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm: (a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or. By recent letter you requested our opinion on the following questions relating to local gun control: "(1) Are cities and counties preempted by RCW 9.41.290, 'Consistency of local law,' from enacting and enforcing an ordinance making it a criminal offense to be in possession of a firearm while intoxicated on alcohol or other drugs? Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. [, (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. We have, as you know, previously expressed our opinion regarding the impact of that 1983 statute on the adoption of local ordinances regulating or prohibiting the use or possession of firearms at, in, or under particular times, places or circumstances. The use of "coyote getters" or similar spring-triggered shell devices shall not constitute a violation of any of the laws of the state of Washington when the use of such "coyote getters" is authorized by the state department of agriculture and/or the state department of fish and wildlife in cooperative programs with the United States Fish and Wildlife Service, for the purpose of controlling or eliminating coyotes harmful to livestock and game animals on range land or forest areas. (1) When selling or transferring any firearm, every dealer shall offer to sell or give the purchaser or transferee a secure gun storage device, or a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm. (b) When processing an application for the purchase or transfer of a firearm frame or receiver, a dealer shall comply with the application, recordkeeping, and other requirements of this chapter that apply to the sale or transfer of a pistol. (2) No person shall sell or transfer a firearm unless: (b) The purchaser or transferee is a licensed dealer; or. (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 . (b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. (d)(i) At the show cause hearing, the respondent must be present and provide proof of compliance with the underlying court order to surrender and prohibit weapons and demonstrate why the relief requested should not be granted. (14) "Import" means to move, transport, or receive an item from a place outside the territorial limits of the state of Washington to a place inside the territorial limits of the state of Washington. 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. (b) A law enforcement agency must release a concealed pistol license to the licensee without unnecessary delay, and in no case longer than five business days, after the law enforcement agency determines the requirements of (a) of this subsection have been met. A "gathering" means a demonstration, march, rally, vigil, sit-in, protest, picketing, or similar public assembly. Exceptions to restrictions on carrying firearms. (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. Can I Carry a Gun Drunk or on Drugs? - FindLaw RCW 9.41.098: Forfeiture of firearmsDispositionConfiscation. Return of privately owned firearm by law enforcement agency, Return of privately owned firearm or concealed pistol license by law enforcement agency, Safe storage of firearms expansion encouraged, Proof of surrender and receipt pattern form, Proof of surrender and receipt form, declaration of nonsurrender form. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours. "(3) Are cities and counties preempted from enacting and enforcing an ordinance requiring the permanent forfeiture [[Orig. 1101(a)(20). A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency. (5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law. (36) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports. Honorable Al WilliamsState Senator, 32nd District4801 Fremont NorthSeattle, Washington 98103. (3) Every store, shop, or sales outlet where firearms are sold that is registered as a dealer in firearms with the department of licensing, upon the sale or transfer of a firearm, shall deliver a written warning to the purchaser or transferee that states, in block letters not less than one-fourth inch in height: (4) Every person who violates this section is guilty of a class 1 civil infraction under chapter. (1) It is unlawful for a person to knowingly carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, areas of facilities while being used exclusively by public or private schools, or areas of facilities while being used for official meetings of a school district board of directors: (b) Any other dangerous weapon as defined in RCW. Skip to primary navigation; Skip to main content; .