Bill Summary – FastDemocracy

S-3850.1
                               SENATE BILL 6266
     State of Washington       68th Legislature       2024 Regular Session
     By Senators Pedersen, Dhingra, Trudeau, Valdez, Salomon, Nobles,
     Saldaña, C. Wilson, Liias, Hunt, Nguyen, Wellman, Keiser, Hasegawa,
     Cleveland, Kauffman, Frame, Lovick, Stanford, and Kuderer
      AN ACT Relating to protecting the public from gun violence by
  establishing additional requirements for the business operations of
  licensed firearms dealers; amending RCW 9.41.110; and providing an
  effective date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 9.41.110 and 2023 c 161 s 8 are each amended to read
 as follows:
     (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) 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 firearm other than a pistol without being
 licensed as provided in this section.
     (3) 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 ammunition without being licensed as provided
 in this section.
     (4) The duly constituted licensing authorities of any city, town,
 or political subdivision of this state shall grant licenses in forms
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 prescribed by the director of licensing effective for not more than
 one year from the date of issue permitting the licensee to sell
 firearms within this state subject to the following conditions, for
 breach of any of which the license shall be forfeited and the
 licensee subject to punishment as provided in this chapter. A
 licensing authority shall forward a copy of each license granted to
 the department of licensing. The department of licensing shall notify
 the department of revenue of the name and address of each dealer
 licensed under this section.
     (5)(a) A licensing authority shall, within ((thirty)) 30 days
 after the filing of an application of any person for a dealer's
 license, determine whether to grant the license. However, if the
 applicant does not have a valid permanent Washington driver's license
 or Washington state identification card, or has not been a resident
 of the state for the previous consecutive ((ninety)) 90 days, the
 licensing authority shall have up to ((sixty)) 60 days to determine
 whether to issue a license. No person shall qualify for a license
 under this section without first receiving a federal firearms license
 and undergoing fingerprinting and a background check. In addition, no
 person ineligible to possess a firearm under RCW 9.41.040 or
 ineligible for a concealed pistol license under RCW 9.41.070 shall
 qualify for a dealer's license.
     (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 in advance of engaging in the sale or transfer of
 firearms and annually thereafter. An employee must be at least 21
 years of age, eligible to possess a firearm, and must not have been
 convicted of a crime that would make the person ineligible for a
 concealed pistol license, before being permitted to sell a firearm.
 Every employee shall comply with requirements concerning purchase
 applications and restrictions on delivery of firearms that are
 applicable to dealers.
     (6) As a condition of licensure, a dealer shall annually certify
 to the licensing authority, in writing and under penalty of perjury,
 that the dealer is in compliance with each licensure requirement
 established in this section.
     (7)(a) Except as otherwise provided in (b) of this subsection,
 the business shall be carried on only in the building designated in
 the license. For the purpose of this section, advertising firearms
 for sale shall not be considered the carrying on of business.
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     (b) A dealer may conduct business temporarily at a location other
 than the building designated in the license, if the temporary
 location is within Washington state and is the location of a gun show
 sponsored by a national, state, or local organization, or an
 affiliate of any such organization, devoted to the collection,
 competitive use, or other sporting use of firearms in the community.
 Nothing in this subsection (((6))) (7)(b) authorizes a dealer to
 conduct business in or from a motorized or towed vehicle.
     In conducting business temporarily at a location other than the
 building designated in the license, the dealer shall comply with all
 other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and
 this section. The license of a dealer who fails to comply with the
 requirements of RCW 9.41.080 and 9.41.090 and subsection (((8))) (15)
 of this section while conducting business at a temporary location
 shall be revoked, and the dealer shall be permanently ineligible for
 a dealer's license.
     (((7))) (8) The license or a copy thereof, certified by the
 issuing authority, shall be displayed on the premises in the area
 where firearms are sold, or at the temporary location, where it can
 easily be read.
     (((8))) (9)(a) The business building location designated in the
 license shall be secured:
     (i) With at least one of the following features designed to
 prevent unauthorized entry, which must be installed on each exterior
 door and window of the place of business:
     (A) Bars or grates;
     (B) Security screens; or
     (C) Commercial grade metal doors; and
     (ii) With a security alarm system that is:
     (A) Properly installed and maintained in good condition;
     (B) Monitored by a remote central station that can contact law
 enforcement in the event of an alarm;
     (C) Capable of real-time monitoring of all exterior doors and
 windows, and all areas where firearms are stored; and
     (D) Equipped with, at minimum, detectors that can perceive entry,
 motion, and sound.
     (b) It is not a violation of this subsection if any security
 feature or system becomes temporarily inoperable through no fault of
 the dealer.
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     (10)(a) Dealers shall secure each firearm during business hours,
 except when the firearm is being shown to a customer, repaired, or
 otherwise worked on, in a manner that prevents a customer or other
 member of the public from accessing or using the firearm, which may
 include keeping the firearm in a locked container or in a locked
 display case.
     (b) Other than during business hours, all firearms shall be
 secure in a locked fireproof safe or vault on the dealer's business
 premises or in a secured and locked area in the business location
 designated in the license. A locked display case is not sufficient to
 satisfy this requirement.
     (11)(a) A dealer shall ensure that its business location
 designated in the license is monitored by a digital video
 surveillance system that meets all of the following requirements:
     (i) The system shall clearly record images and, for systems
 located inside the premises, audio, of the area under surveillance;
     (ii) Each camera shall be permanently mounted in a fixed
 location. Cameras shall be placed in locations that allow the camera
 to clearly record activity occurring in all areas described in
 (a)(iii) of this subsection and reasonably produce recordings that
 allow for the clear identification of any person;
     (iii) The areas recorded shall include, but are not limited to,
 all of the following:
     (A) Interior views of all exterior doors, windows, and any other
 entries or exits to the premises;
     (B) All areas where firearms are displayed; and
     (C) All points of sale, sufficient to identify the parties
 involved in the transaction;
     (iv) The system shall continuously record 24 hours per day at a
 frame rate no less than 15 frames per second;
     (v) The media or device on which recordings are stored shall be
 secured in a manner to protect the recording from tampering,
 unauthorized access or use, or theft;
     (vi) Recordings shall be maintained for a minimum of six years;
     (vii) Recorded images shall clearly and accurately display the
 date and time;
     (viii) The system shall be equipped with a failure notification
 system that provides notification to the licensee of any interruption
 or failure of the system or storage device.
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     (b) A licensed dealer shall not use, share, allow access to, or
 otherwise release surveillance recordings, to any person except as
 follows:
     (i) A dealer shall allow access to the system to an agent of the
 Washington state patrol conducting an inspection of the licensee's
 premises, for the purpose of inspecting the system for compliance
 with this section, but only if a warrant or court order would not
 generally be required for that access.
     (ii) A dealer shall allow access to the system or release
 recordings to any person pursuant to search warrant or other court
 order.
     (iii) A dealer may allow access to the system or release
 recordings to any person in response to an insurance claim or as part
 of the civil discovery process including, but not limited to, in
 response to subpoenas, request for production or inspection, or other
 court order.
     (c) The dealer shall post a sign in a conspicuous place at each
 entrance to the premises that states in block letters not less than
 one inch in height: "THESE PREMISES ARE UNDER VIDEO AND AUDIO
 SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."
     (d) This section does not preclude any local authority or local
 governing body from adopting or enforcing local laws or policies
 regarding video surveillance that do not contradict or conflict with
 the requirements of this section.
     (e) It is not a violation of this subsection if the surveillance
 system becomes temporarily inoperable through no fault of the dealer.
     (12) A dealer shall:
     (a) Promptly review and respond to all requests from law
 enforcement agencies and officers, including trace requests and
 requests for documents and records, as soon as practicably possible
 and no later than 24 hours after learning of the request;
     (b) Promptly notify local law enforcement agencies and the bureau
 of alcohol, tobacco, firearms and explosives of any loss, theft, or
 unlawful transfer of any firearm or ammunition as soon as practicably
 possible and no later than 24 hours after the dealer knows or should
 know of the reportable event.
     (13) A dealer shall:
     (a) Establish and maintain a book, or if the dealer should
 choose, an electronic-based record of purchase, sale, inventory, and
 other records at the dealer's place of business and shall make all
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 such records available to law enforcement upon request. Such records
 shall at a minimum include the make, model, caliber or gauge,
 manufacturer's name, and serial number of all firearms that are
 acquired or disposed of not later than one business day after their
 acquisition or disposition;
     (b) Maintain monthly backups of the records required by (a) of
 this subsection in a secure container designed to prevent loss by
 fire, theft, or flood. If the dealer chooses to maintain an
 electronic-based record system, those records shall be backed up on
 an external server or over the internet at the close of each business
 day;
     (c) Account for all firearms acquired but not yet disposed of
 through an inventory check prepared each month and maintained in a
 secure location;
     (d) Maintain and make available at any time to government law
 enforcement agencies and to the manufacturer of the weapon or its
 designee, firearm disposition information, including the serial
 numbers of firearms sold, dates of sale, and identity of purchasers;
     (e) Retain all bureau of alcohol, tobacco, firearms and
 explosives form 4473 transaction records on the dealer's business
 premises in a secure container designed to prevent loss by fire,
 theft, or flood;
     (f) Maintain for six years copies of trace requests received,
 including notations for trace requests received by phone for six
 years;
     (g) Provide annual reporting to the Washington state attorney
 general concerning trace requests, including at a minimum the
 following:
     (i) The total number of trace requests received;
     (ii) For each trace, the make and model of the gun and date of
 sale; and
     (iii) Whether the dealer was inspected by the bureau of alcohol,
 tobacco, firearms and explosives, and copies of any reports of
 violations or letters received from the bureau of alcohol, tobacco,
 firearms and explosives.
     (14) A dealer shall carry a general liability insurance policy
 providing at least $1,000,000 of coverage per incident.
     (15)(a) No firearm may be sold: (i) In violation of any
 provisions of this chapter; nor (ii) under any circumstances unless
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 the purchaser is personally known to the dealer or shall present
 clear evidence of his or her identity.
     (b) A dealer who sells or delivers any firearm in violation of
 RCW 9.41.080 is guilty of a class C felony. In addition to any other
 penalty provided for by law, the dealer is subject to mandatory
 permanent revocation of his or her dealer's license and permanent
 ineligibility for a dealer's license.
     (c) The license fee for pistols shall be one hundred twenty-five
 dollars. The license fee for firearms other than pistols shall be one
 hundred twenty-five dollars. The license fee for ammunition shall be
 one hundred twenty-five dollars. 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. The fees received
 under this section shall be deposited in the state general fund.
     (((9))) (16)(a) A true record shall be made of every pistol or
 semiautomatic assault rifle sold, in a book kept for the purpose, the
 form of which may be prescribed by the director of licensing and
 shall be personally signed by the purchaser and by the person
 effecting the sale, each in the presence of the other, and shall
 contain the date of sale, the caliber, make, model and manufacturer's
 number of the weapon, the name, address, occupation, and place of
 birth of the purchaser, and a statement signed by the purchaser that
 he or she is not ineligible under state or federal law to possess a
 firearm. The dealer shall retain the transfer record for six years.
     (b) The dealer shall transmit the information from the firearm
 transfer application through secure automated firearms e-check (SAFE)
 to the Washington state patrol firearms background check program. The
 Washington state patrol firearms background check program shall
 transmit the application information for pistol and semiautomatic
 assault rifle transfer applications to the director of licensing
 daily. The original application shall be retained by the dealer for
 six years.
     (((10))) (17) Subsections (2) through (((9))) (16) of this
 section shall not apply to sales at wholesale.
     (((11))) (18) The dealer's licenses authorized to be issued by
 this section are general licenses covering all sales by the licensee
 within the effective period of the licenses. The department shall
 provide a single application form for dealer's licenses and a single
 license form which shall indicate the type or types of licenses
 granted.
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     (((12))) (19) Except as otherwise provided in this chapter, every
 city, town, and political subdivision of this state is prohibited
 from requiring the purchaser to secure a permit to purchase or from
 requiring the dealer to secure an individual permit for each sale.
    NEW SECTION.   Sec. 2.   This act takes effect January 1, 2025.
     NEW SECTION.    Sec. 3.    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.
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Statutes affected: 
Original Bill: 9.41.110