S-0442.1
SENATE BILL 5232
State of Washington 68th Legislature 2023 Regular Session
By Senators Salomon, Liias, Dhingra, Hunt, Pedersen, Stanford, and
Valdez
Read first time 01/10/23. Referred to Committee on Law & Justice.
1 AN ACT Relating to enhancing requirements for the purchase or
2 transfer of firearms by establishing a 10-day waiting period,
3 requiring firearms safety training, prohibiting firearms transfers
4 prior to completion of a background check, and updating and creating
5 consistency in firearms transfer and background check procedures;
6 amending RCW 9.41.090, 9.41.092, 9.41.110, 9.41.090, 9.41.110, and
7 9.41.1135; adding a new section to chapter 43.43 RCW; repealing 2019
8 c 244 s 1; providing an effective date; and providing an expiration
9 date.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 Sec. 1. RCW 9.41.090 and 2019 c 3 s 3 are each amended to read
12 as follows:
13 (1) In addition to the other requirements of this chapter, no
14 dealer may deliver a pistol or semiautomatic assault rifle to the
15 purchaser thereof until:
16 (a) ((The purchaser produces a valid concealed pistol license and
17 the dealer has recorded the purchaser's name, license number, and
18 issuing agency, such record to be made in triplicate and processed as
19 provided in subsection (6) of this section. For purposes of this
20 subsection (1)(a), a "valid concealed pistol license" does not
21 include a temporary emergency license, and does not include any
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 1 license issued before July 1, 1996, unless the issuing agency
2 conducted a records search for disqualifying crimes under RCW
3 9.41.070 at the time of issuance;
4 (b))) The dealer is notified in writing by (i) the chief of
5 police or the sheriff of the jurisdiction in which the purchaser
6 resides that the purchaser is eligible to possess a ((pistol))
7 firearm under RCW 9.41.040 and that the application to purchase is
8 approved by the chief of police or sheriff; or (ii) the state that
9 the purchaser is eligible to possess a firearm under RCW 9.41.040, as
10 provided in subsection (((3))) (2)(b) of this section; ((or)) and
11 (((c))) (b) The requirements ((or)) and time periods in RCW
12 9.41.092 have been satisfied.
13 (2) ((In addition to the other requirements of this chapter, no
14 dealer may deliver a semiautomatic assault rifle to the purchaser
15 thereof until:
16 (a) The purchaser provides proof that he or she has completed a
17 recognized firearm safety training program within the last five years
18 that, at a minimum, includes instruction on:
19 (i) Basic firearms safety rules;
20 (ii) Firearms and children, including secure gun storage and
21 talking to children about gun safety;
22 (iii) Firearms and suicide prevention;
23 (iv) Secure gun storage to prevent unauthorized access and use;
24 (v) Safe handling of firearms; and
25 (vi) State and federal firearms laws, including prohibited
26 firearms transfers.
27 The training must be sponsored by a federal, state, county, or
28 municipal law enforcement agency, a college or university, a
29 nationally recognized organization that customarily offers firearms
30 training, or a firearms training school with instructors certified by
31 a nationally recognized organization that customarily offers firearms
32 training. The proof of training shall be in the form of a
33 certification that states under the penalty of perjury the training
34 included the minimum requirements; and
35 (b) The dealer is notified in writing by (i) the chief of police
36 or the sheriff of the jurisdiction in which the purchaser resides
37 that the purchaser is eligible to possess a firearm under
38 RCW 9.41.040 and that the application to purchase is approved by the
39 chief of police or sheriff; or (ii) the state that the purchaser is
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 1 eligible to possess a firearm under RCW 9.41.040, as provided in
2 subsection (3)(b) of this section; or
3 (c) The requirements or time periods in RCW 9.41.092 have been
4 satisfied.
5 (3)))(a) Except as provided in (b) of this subsection, in
6 determining whether the purchaser meets the requirements of RCW
7 9.41.040, the chief of police or sheriff, or the designee of either,
8 shall check with the national crime information center, including the
9 national instant criminal background check system, provided for by
10 the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et
11 seq.), the Washington state patrol electronic database, the health
12 care authority electronic database, and with other agencies or
13 resources as appropriate, to determine whether the applicant is
14 ineligible under RCW 9.41.040 to possess a firearm.
15 (b) The state, through the legislature or initiative process, may
16 enact a statewide firearms background check system equivalent to, or
17 more comprehensive than, the check required by (a) of this subsection
18 to determine that a purchaser is eligible to possess a firearm under
19 RCW 9.41.040. Once a state system is established, a dealer shall use
20 the state system and national instant criminal background check
21 system, provided for by the Brady handgun violence prevention act (18
22 U.S.C. Sec. 921 et seq.), to make criminal background checks of
23 applicants to purchase firearms.
24 (((4) In any case under this section where the applicant has an
25 outstanding warrant for his or her arrest from any court of competent
26 jurisdiction for a felony or misdemeanor, the dealer shall hold the
27 delivery of the pistol or semiautomatic assault rifle until the
28 warrant for arrest is served and satisfied by appropriate court
29 appearance. The local jurisdiction for purposes of the sale, or the
30 state pursuant to subsection (3)(b) of this section, shall confirm
31 the existence of outstanding warrants within seventy-two hours after
32 notification of the application to purchase a pistol or semiautomatic
33 assault rifle is received. The local jurisdiction shall also
34 immediately confirm the satisfaction of the warrant on request of the
35 dealer so that the hold may be released if the warrant was for an
36 offense other than an offense making a person ineligible under RCW
37 9.41.040 to possess a firearm.
38 (5) In any case where the chief or sheriff of the local
39 jurisdiction, or the state pursuant to subsection (3)(b) of this
40 section, has reasonable grounds based on the following circumstances:
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 1 (a) Open criminal charges, (b) pending criminal proceedings, (c)
2 pending commitment proceedings, (d) an outstanding warrant for an
3 offense making a person ineligible under RCW 9.41.040 to possess a
4 firearm, or (e) an arrest for an offense making a person ineligible
5 under RCW 9.41.040 to possess a firearm, if the records of
6 disposition have not yet been reported or entered sufficiently to
7 determine eligibility to purchase a firearm, the local jurisdiction
8 or the state may hold the sale and delivery of the pistol or
9 semiautomatic assault rifle up to thirty days in order to confirm
10 existing records in this state or elsewhere. After thirty days, the
11 hold will be lifted unless an extension of the thirty days is
12 approved by a local district court, superior court, or municipal
13 court for good cause shown. A dealer shall be notified of each hold
14 placed on the sale by local law enforcement or the state and of any
15 application to the court for additional hold period to confirm
16 records or confirm the identity of the applicant.
17 (6))) (3)(a) At the time of applying for the purchase of ((a
18 pistol or semiautomatic assault rifle)) any firearm, the purchaser
19 shall sign in triplicate and deliver to the dealer an application
20 containing:
21 (i) His or her full name, residential address, date and place of
22 birth, race, and gender;
23 (ii) The date and hour of the application;
24 (iii) The applicant's driver's license number or state
25 identification card number;
26 (iv) A description of the ((pistol or semiautomatic assault
27 rifle)) firearm including the make, model, caliber and manufacturer's
28 number if available at the time of applying for the purchase of ((a
29 pistol or semiautomatic assault rifle)) the firearm. If the
30 manufacturer's number is not available at the time of applying for
31 the purchase of a ((pistol or semiautomatic assault rifle)) firearm,
32 the application may be processed, but delivery of the ((pistol or
33 semiautomatic assault rifle)) firearm to the purchaser may not occur
34 unless the manufacturer's number is recorded on the application by
35 the dealer and transmitted to the chief of police of the municipality
36 or the sheriff of the county in which the purchaser resides, or the
37 state pursuant to subsection (((3))) (2)(b) of this section;
38 (v) A statement that the purchaser is eligible to purchase and
39 possess a firearm under state and federal law; and
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1 (vi) ((If purchasing a semiautomatic assault rifle, a)) A
2 statement by the applicant under penalty of perjury that the
3 applicant has completed a recognized firearm safety training program
4 within the last five years, as required by ((subsection (2) of this
5 section)) RCW 9.41.092.
6 (b) The application shall contain two warnings substantially
7 stated as follows:
8 (i) CAUTION: Although state and local laws do not differ, federal
9 law and state law on the possession of firearms differ. If you are
10 prohibited by federal law from possessing a firearm, you may be
11 prosecuted in federal court. State permission to purchase a firearm
12 is not a defense to a federal prosecution; and
13 (ii) CAUTION: The presence of a firearm in the home has been
14 associated with an increased risk of death to self and others,
15 including an increased risk of suicide, death during domestic
16 violence incidents, and unintentional deaths to children and others.
17 The purchaser shall be given a copy of the department of fish and
18 wildlife pamphlet on the legal limits of the use of firearms and
19 firearms safety.
20 (c) ((The)) In the case of an application for the purchase or
21 transfer of a pistol or semiautomatic assault rifle, the dealer
22 shall, by the end of the business day, sign and attach his or her
23 address and deliver a copy of the application and such other
24 documentation as required under subsection((s)) (1) ((and (2))) of
25 this section to the chief of police of the municipality or the
26 sheriff of the county of which the purchaser is a resident, or the
27 state pursuant to subsection (((3))) (2)(b) of this section. The
28 triplicate shall be retained by the dealer for six years.
29 (d) The dealer shall deliver the ((pistol or semiautomatic
30 assault rifle)) firearm to the purchaser ((following)) once the
31 requirements and period of time specified in this chapter ((unless
32 the dealer is notified of an investigative hold under subsection (5)
33 of this section in writing by the chief of police of the
34 municipality, the sheriff of the county, or the state, whichever is
35 applicable, or of the denial of the purchaser's application to
36 purchase and the grounds thereof)) are satisfied. The application
37 shall not be denied unless the purchaser is not eligible to purchase
38 or possess the firearm under state or federal law.
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 1 (((d))) (e) The chief of police of the municipality or the
2 sheriff of the county, or the state pursuant to subsection (((3)))
3 (2)(b) of this section, shall retain or destroy applications to
4 purchase a ((pistol or semiautomatic assault rifle)) firearm in
5 accordance with the requirements of 18 U.S.C. Sec. 922.
6 (((7))) (4)(a) To help offset the administrative costs of
7 implementing this section as it relates to new requirements for
8 semiautomatic assault rifles, the department of licensing may require
9 the dealer to charge each semiautomatic assault rifle purchaser or
10 transferee a fee not to exceed twenty-five dollars, except that the
11 fee may be adjusted at the beginning of each biennium to levels not
12 to exceed the percentage increase in the consumer price index for all
13 urban consumers, CPI-W, or a successor index, for the previous
14 biennium as calculated by the United States department of labor.
15 (b) The fee under (a) of this subsection shall be no more than is
16 necessary to fund the following:
17 (i) The state for the cost of meeting its obligations under this
18 section;
19 (ii) The health care authority, mental health institutions, and
20 other health care facilities for state-mandated costs resulting from
21 the reporting requirements imposed by RCW 9.41.097(1); and
22 (iii) Local law enforcement agencies for state-mandated local
23 costs resulting from the requirements set forth under RCW 9.41.090
24 and this section.
25 (((8))) (5) A person who knowingly makes a false statement
26 regarding identity or eligibility requirements on the application to
27 purchase a firearm is guilty of false swearing under RCW 9A.72.040.
28 (((9))) (6) This section does not apply to sales to licensed
29 dealers for resale or to the sale of antique firearms.
30 Sec. 2. RCW 9.41.092 and 2019 c 3 s 4 are each amended to read
31 as follows:
32 (1) Except as otherwise provided in this chapter ((and except for
33 semiautomatic assault rifles under subsection (2) of this section)),
34 a licensed dealer may not deliver any firearm to a purchaser or
35 transferee until ((the earlier of)):
36 (a) The purchaser or transferee produces a certificate of
37 completion of a certified firearm safety training program within the
38 last five years, or proof that the purchaser or transferee is exempt
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 1 from the training requirement, as provided in subsection (2) of this
2 section;
3 (b) The results of all required background checks are known and
4 the purchaser or transferee (i) is not prohibited from owning or
5 possessing a firearm under federal or state law and (ii) does not
6 have a voluntary waiver of firearm rights currently in effect; ((or))
7 and
8 (((b))) (c) Ten business days have elapsed from the date the
9 licensed dealer requested the background check. ((However, for sales
10 and transfers of pistols if the purchaser or transferee does not have
11 a valid permanent Washington driver's license or state identification
12 card or has not been a resident of the state for the previous
13 consecutive ninety days, then the time period in this subsection
14 shall be extended from ten business days to sixty days.
15 (2) Except as otherwise provided in this chapter, a licensed
16 dealer may not deliver a semiautomatic assault rifle to a purchaser
17 or transferee until ten business days have elapsed from the date of
18 the purchase application or, in the case of a transfer, ten business
19 days have elapsed from the date a background check is initiated.))
20 (2)(a) An applicant for the purchase or transfer of a firearm
21 must provide a certificate of completion of a firearm safety training
22 program within the last five years that is certified by the
23 Washington state patrol and that, at a minimum, includes instruction
24 on:
25 (i) Basic firearms safety rules;
26 (ii) Firearms and children, including secure gun storage and
27 talking to children about gun safety;
28 (iii) Firearms and suicide prevention;
29 (iv) Secure gun storage to prevent unauthorized access and use;
30 (v) Safe handling of firearms;
31 (vi) State and federal firearms laws, including prohibited
32 firearms transfers and locations where firearms are prohibited;
33 (vii) State laws pertaining to the use of deadly force for self-
34 defense;
35 (viii) Techniques for avoiding a criminal attack and how to
36 manage a violent confrontation, including conflict resolution; and
37 (ix) Live-fire shooting exercises on a firing range that include
38 a demonstration by the applicant of the safe handling of, and
39 shooting proficiency with firearms.
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 1 (b) The training must be sponsored by a federal, state, county,
2 or municipal law enforcement agency, a college or university, a
3 nationally recognized organization that customarily offers firearms
4 training, or a firearms training school with instructors certified by
5 a nationally recognized organization that customarily offers firearms
6 training. The certificate of training shall be in the form and manner
7 of documentation developed by the Washington state patrol under
8 section 4 of this act.
9 (c) The training may include stories provided by individuals with
10 lived experience in the topics listed in (a)(i) through (vii) of this
11 subsection or an understanding of the legal and social impacts of
12 discharging a firearm.
13 (d) The firearm safety training requirement of this subsection
14 does not apply to:
15 (i) A person who is a peace officer certified in accordance with
16 RCW 43.101.095(1); or
17 (ii) A person who