A licensee renewing after the expiration date of the license under this subsection (14) shall pay only the renewal fee specified in subsection (6) of this section and shall not be required to pay a late renewal penalty in addition to the renewal fee. Carrying firearms. Instead, it will depend upon the effect which a particular ordinance has on constitutionally-protected rights. (e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. 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. (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. (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. (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. (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. (9)(a) A true record in triplicate 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. (34) "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. No person who is serving in a position that is basically clerical or secretarial in nature, or who is not commissioned shall be considered a law enforcement officer. New Mexico Statutes Section 30-7-4 (2019) - Negligent use of a deadly (10) "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. (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader. (5) Nothing in this section applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license. (19) "Licensed collector" means a person who is federally licensed under 18 U.S.C. (6) Nothing in this section mandates how or where a firearm must be stored. 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. Aiming or discharging firearms, dangerous weapons. (vi) If purchasing a semiautomatic assault rifle, a statement by the applicant under penalty of perjury that the applicant has completed a recognized firearm safety training program within the last five years, as required by subsection (2) of this section. Pawnbrokers and secondhand dealers: Chapter. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. In turn, the right to bear arms which is recognized by that provision of our State Constitution has consistently been held by the Washington Supreme Court to be subject to reasonable regulation by the state (or, by implication, a municipality) in the exercise of its police power. (3) Except in the places and situations identified in RCW. (35) "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. (1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a background check within the past five years, or other law enforcement officers of this state or another state; (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty; (3) Officers or employees of the United States duly authorized to carry a concealed pistol; (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business; (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state; (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice; (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits; (8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area; (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or. The "intoxication" portion of this charge focuses on alcohol and all controlled substances. As Jaybo already noted, in Washington state, being legally "under the influence" and in possession of a firearm while not in your home or place of business can lose you the firearm (RCW 9.41.098), and possibly your CPL (RCW 9.41.075).There is no statute that explicitly prohibits being in possession of a firearm while "under the influence," but it might fall under "unlawful carrying or handling." Law enforcement shall also serve a copy of the order to show cause on the petitioner, either electronically or in person, at no cost. 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. federally licensed manufacturer or importer, federal firearms manufacturer, federal firearms importer, or federal firearms dealer in compliance with all federal laws and regulations, This section was amended by 2021 c 215 96 and by 2021 c 261 1, each without reference to the other. The application for an original license shall include a complete set of fingerprints to be forwarded to the Washington state patrol. (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. No person who is serving in a position that is basically clerical or secretarial in nature shall be considered a firefighter or rescue member. (2) This pamphlet may be used in the department's hunter safety education program and shall be provided to the department of licensing for distribution to firearms dealers and persons authorized to issue concealed pistol licenses. If you are facing concealed weapon charges in Washington, contact a criminal defense attorney as soon as possible. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs. (12) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The application shall contain questions about the applicant's eligibility under RCW. (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 . 921 et seq. (1) Beginning on the date that is thirty days after the Washington state patrol issues a notification to dealers that a state firearms background check system is established within the Washington state patrol, a dealer shall use the state firearms background check system to conduct background checks for purchases or transfers of firearm frames or receivers in accordance with this section. 21-1289.9. Carrying weapons under influence of alcohol. A state license is not a defense to a federal prosecution. (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. (2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm: (i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another or by one intimate partner against another, as those terms are defined by the statutes in effect at the time of the commission of the crime, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW. The statute plainly does not require that the intoxicated person actually use or intend to use the firearm. 9.41.251. (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. Statutes & Constitution :View Statutes : Online Sunshine RCW 9.41.050: Carrying firearms. - Washington CARRYING A CONCEALED HANDGUN WHILE INTOXICATED. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. (b) A violation of this subsection is a misdemeanor. (8)(a) No pistol or semiautomatic assault rifle may be sold: (i) In violation of any provisions of RCW, (b) A dealer who sells or delivers any firearm in violation of RCW. (2) A person required to register under this section must provide the following information when registering: (b) Complete and accurate residence address or, if the person lacks a fixed residence, where he or she plans to stay; (c) Identifying information of the gun offender, including a physical description; (d) The offense for which the person was convicted; (f) The names of any other county where the offender has registered pursuant to this section. HTML PDF. (b) "Governing body" has the same meaning as in RCW. [. (11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. (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. 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? Members of the armed forces of the United States or the state of Washington are exempt from this section when carrying a firearm or other weapon in the discharge of official duty or traveling to or from official duty. (2) Subsection (1) of this section does not apply to any of the following: (a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state. (1) The health care authority, mental health institutions, and other health care facilities shall, upon request of a court, law enforcement agency, or the state, supply such relevant information as is necessary to determine the eligibility of a person to possess a firearm or to be issued a concealed pistol license under RCW, (2) Mental health information received by: (a) The department of licensing pursuant to RCW. (3) A person who violates this section is guilty of a gross misdemeanor punishable under chapter, Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter. (b) Either the prosecuting attorney's office or city attorney's office, or both, from the relevant jurisdiction may designate an advocate or a staff person from their office who is not an attorney to appear on behalf of their office. (1) On or after June 9, 2016, except as provided in subsection (3) of this section, whenever a defendant in this state is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense, the court must consider whether to impose a requirement that the person comply with the registration requirements of RCW. (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. For methods other than personal service, service shall be considered complete once the notification is sent. The state of Washington, local governmental entities, and their officers, employees, and agents are not liable for any civil damages caused by the use or misuse of a firearm by off-duty correctional personnel or community corrections officers based on any act or omission in the provision of government-sponsored firearms training to the correctional personnel or community corrections officers. (d) If a preponderance of the evidence in the record supports a finding that the person petitioning the court has engaged in violence and that it is more likely than not that the person will engage in violence after his or her right to possess a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she does not present a substantial danger to the safety of others. (38) "Untraceable firearm" means any firearm manufactured after July 1, 2019, that is not an antique firearm and that cannot be traced by law enforcement by means of a serial number affixed to the firearm by a federally licensed manufacturer or importer. (13) "Gun" has the same meaning as firearm. Drug Possession. Upon receiving notice pursuant to this subsection, a law enforcement agency must: (A) Provide the court with a complete list of firearms and other dangerous weapons surrendered by the respondent or otherwise belonging to the respondent that are in the possession of the law enforcement agency; and. (a) Fifteen dollars shall be paid to the state general fund; (b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed; (c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; (d) Two dollars and sixteen cents to the firearms range account in the general fund; and, (e) Eighty-four cents to the concealed pistol license renewal notification account created in RCW. (f) This section does not apply to sales or transfers of firearm frames or receivers to licensed dealers. 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. (2) Any such person violating subsection (1) of this section is guilty of a misdemeanor. 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. 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. The people find and declare that it is crucial and urgent to pass laws to increase public safety and reduce gun violence. 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. (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW, By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW. A "gathering" means a demonstration, march, rally, vigil, sit-in, protest, picketing, or similar public assembly. The court shall also provide sufficient notice to the law enforcement agency of the hearing. 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.