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#1 LIONHART

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Posted 25 January 2005 - 10:03 PM

Senate Bill Report S-0230
SENATE BILL REPORT
S-0230
As of January 22, 2005
Title: An Act Relating to the Assault Weapons Ban of 2005.
Brief Description: Assault Weapons Ban of 2005
Sponsors:
Brief History:
Committee Activity: Judiciary: 1/25/05
SENATE COMMITTEE ON JUDICIARY
Staff: Aldo Melchiori (786-7439)
Background: In 1994, Congress adopted the Violent Crime Control and Law Enforcement Act of 1994. This federal law imposed a 10-year moratorium on the manufacture, transfer, and possession of certain semiautomatic firearms. It banned 18 models and variations by name , as
well as revolving cylinder shotguns, and prohibited flash hiders, folding rifle stocks, and threaded barrels for attaching silencers. This law expired on September 13, 2004. Seven states (California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York) have enacted laws
regarding assault weapons.
Summary of Bill: "Assault weapon" is defined as any semiautomatic pistol or any semiautomatic or pump action rifle or shotgun, capable of accepting a detachable magazine with a capacity of more than 10 rounds of ammunition, and that also possesses any one characteristic on a list. For
shotguns and rifles only: (1) a pistol grip located rear of the trigger; or (2) a stock, including thumbhole, folding, and telescoping stocks, that allows a specified grip. For shotguns only: (1) a detachable magazine; or (2) a revolving cylinder. For pistols only: (1) a shoulder stock of any
kind; or (2) a detachable magazine at any location outside the pistol grip. For any firearm: (1) a barrel shroud; (2) a muzzle brake or muzzle compensator; (3) any feature capable of functioning as a protruding grip for the non-trigger hand; or (4) a conversion kit or combination of parts from which an assault weapon can be assembled if the parts are in the possession or under the control of any person. "Detachable magazine", "barrel shroud", "muzzle brake", muzzle compensator", and "conversion kit" are all defined.
The sale, unregistered possession, purchase, sale, or manufacture of assault weapons and assault weapon conversion kits is prohibited. These weapons and conversion kits are declared a public nuisance. Violations are a class C felony ranked at level III on the sentencing grid (1 to 3 months
incarceration for a first offense). There are exceptions for law enforcement, military personnel, and federal or state licensed manufacturers and repairers. Current owners may: permanently
disable the firearm; take them to a law enforcement agency for destruction; transfer ownership to a law enforcement agency for law enforcement purposes; or comply with the specified registration requirements. Present owners, and those who gain ownership by inheritance, may retain their assault weapon if they were legally owned prior to the act, but only if they: (1) submit to an annual background
check for firearm purchase; (2) annually register the weapon with the sheriff in the county where the weapon is usually stored, unless they are prohibited from possessing a firearm; and (3) safely store the weapon. The law enforcement agency may charge a fee for registration and renewals. Law enforcement may inspect the storage of the weapon not more than once per year. The person may only possess the weapon on their own property, at a licensed firing range, or during transport
to these locations. The weapon must be unloaded and in a locked container during transport.
Violation of the registration requirements is a gross misdemeanor. Any violation of these laws results in immediate revocation of the registration of every assault weapon registered to the person.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: The bill contains an emergency clause and takes effect on July 1, 2005.
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#2 LIONHART

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Posted 25 January 2005 - 10:05 PM

FUCKING BULLSHIT...
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#3 Grey Crow

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Posted 25 January 2005 - 10:24 PM

That bill is extremely similar to the one that they wanted to enact in PA last year.

The PA bill went a little further in stating that you could take the gun out if you were surrendering it to the state police, or if you were going to a sanctioned, insured shoot. Other than that you had to keep it locked up in your home.

The PA bill stated that the cost of the permit would only be to cover the cost of the process to manage the licensing / taxation of the weapon.

The next step they will add an amendment that allows them to have access to your home to determine weather or not you have adequate storage for said weapon.

Should your semi-auto be stolen, YOU, as well as the dealer, and manufacturer would be liable for any mishaps.

Its like the carry permits, every 5 years the fee goes up!

I wonder if those that have made changes to their semis like the SBR, would fall into this same legislation, being they are listed and licensed with the ATF though the NFA.

I wonder if they will give a $200.00 credit against the purchase of the federal stamp?

The folks that purchased the Kahr drums may just want to hang onto them work or not. C drums may never see the light of day if this shit goes through.

Bastards!
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#4 LIONHART

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Posted 26 January 2005 - 12:43 AM

Here is a bit of news from the Seattle PI. We CAN NOT give up without a fight! For those not living in our State, do what you can anyway. Were ALL IN THIS TOGETHER! PLEASE help us WIN THIS BATTLE!

Dozens turn out in opposition to gun control bills

By RACHEL LA CORTE
ASSOCIATED PRESS WRITER

OLYMPIA, Wash. -- Dozens of gun control opponents packed a Senate hearing Tuesday on several bills that would ban assault weapons, close the gun show loophole and ban weapons from the Capitol.

In the largest committee meeting since the legislative session began Jan. 10, about 200 people filled the Senate judiciary hearing room and an overflow room. Citizen opponents appeared to far outnumber the proponents, who were mostly lawmakers, public officials and antigun groups.

"Where does it stop?" asked Anton Rehling, a business owner and National Rifle Association member who lives in Olympia. "This isn't about the pros and cons of guns, it's about the freedom of our right to own and bear arms."

Bills that have been filed or drafted on the issue include the banning of assault weapons and .50-caliber guns, regulating the sale of firearms at guns shows and events and banning guns from the Capitol.

Sen. Darlene Fairley, D-Lake Forest Park, sponsored the bill regulating firearms at the Capitol (SB 5344). She said those with permits can put their weapons in a lockbox and retrieve them when they leave.



"It's just simple commonsense," she said. The presence of weapons at the Capitol "keeps the chance of somebody getting very upset at us or at the staff or at the governor. We just don't need that kind of pressure."

However, Sen. James Hargrove, D-Hoquiam, questioned why the law needed to change at the statehouse, where he said he never knew of a case of a lawmaker being threatened with a gun.

"I think anybody brandishing a gun or threatening somebody with a gun is illegal everywhere," he said. "Why would this be different than a grocery store or a park?"

Dozens of people testified over nearly three hours.

A bill that has failed in past sessions but has surfaced again this year as SB 5343 would close a loophole that allows the unregulated sale of handguns at gun shows.

Federally licensed firearms dealers - including those who operate at gun shows - must perform background checks on anyone who purchases a firearm and keep records of buyers' names and addresses. For handgun buyers, state law also requires a five-day waiting period.

But people who only make occasional sales at gun shows - such as collectors - aren't considered dealers, and can sell handguns without a background check or waiting period.

Gun control advocates call that exemption a dangerous opportunity for criminals to evade the background checks required for commercial sales.

"Right now in Washington state it would be easier to track a carton of milk bought at Safeway with a Safeway card than a gun bought at a gun show," said Jon Scholes, a board member with Washington CeaseFire, the state's largest gun control group.

Joe Waldron of Washington Arms Collectors, which promotes about a third of the gun shows held in Washington each year, said one of the biggest problems was the "myths surrounding the issue" and that "very few" guns from gun shows make it into the hands of felons.

Committee member Sen. Luke Esser, R-Bellevue, said he didn't see the support within the committee to pass most of the legislation, noting the apparent lack of support of Hargrove, a Democrat on the committee.

"I, in general, am not in favor of additional gun control laws," Esser said.

---
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#5 LIONHART

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Posted 26 January 2005 - 12:53 AM

Judiciary Committee Members are:

Sen. Mike Carrell (R-28), Ph: (360) 786-7654 or Email: carrell_mi@leg.wa.gov
Sen.Luke Esser (R-48), Ph: (360) 786-7694 or Email: esser_lu@leg.wa.gov
Sen. James Hargrove (D-24), Ph: (360) 786-7646 or Email: hargrove_ji@leg.wa.gov
Sen.Stephen Johnson (R-47), Ph: (360) 786-7692 or Email: johnson_st@leg.wa.gov
Sen.Adam Kline (D-37), Ph: (360) 786-7688 or Email: kline_ad@leg.wa.gov
Sen. Jeanne Kohl-Welles (D-36), Ph: (360) 786-7670 or Email: kohl_je@leg.wa.gov
Sen. Bob McCaslin (R-4), Ph: (360) 786-7606 or Email: mccaslin_bo@leg.wa.gov
Sen. Pat Thibaudeau (D-43), Ph: (360) 786-7628 or Email: thibaude_pa@leg.wa.gov
Sen. Brian Weinstein (D-41), Ph: (360) 786-7641 or Email: weinstein.brian@leg.wa.gov

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#6 Walter63a

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Posted 26 January 2005 - 07:13 AM

Lionhart, this is, indeed, pure fucking bullshit!! sad.gif I can smell the stench of those politicians, and their cowardly deeds, nearly three thousand miles away in New York. If we don't all fight this, it will be just one more nail in the coffin of freedom in this nation!!! ohmy.gif blink.gif mad.gif Regards, Walter
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#7 LIONHART

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Posted 26 January 2005 - 11:56 AM

Thanks Walter. If we allow this to happen, the DISEASE will only spread, like an out of control plague, which there will be no end. I did hear back from Senator Hargrove this morning.


"Dear Mr. Powers

I, too, support our 2nd amendment rights. Thanks for the comments.

Sen. Hargrove




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#8 LIONHART

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Posted 26 January 2005 - 05:15 PM


Hundreds turn out in opposition to gun control bills

OLYMPIA, Wash. - Hundreds of gun control opponents packed a Senate hearing Tuesday in Olympia on several bills that would ban assault weapons, close the gun show loophole, and ban weapons from the Capitol.
In the largest committee meeting since the legislative session began January 10th, about 200 people filled the Senate judiciary hearing room and an overflow room.

Citizen opponents appeared to far outnumber the proponents, who were mostly lawmakers, public officials and anti-gun groups.

Bills that have been filed or drafted on the issue include the banning of assault weapons and .50-caliber guns, regulating the the sale of firearms at guns shows and events and banning guns from the Capitol.

State Senator Darlene Fairley, a Lake Forest Democrat, sponsored SB 5344 regulating firearms at the Capitol. She said those with permits can put their weapons in a lockbox and retrieve them when they leave.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

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#9 marks

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Posted 26 January 2005 - 06:34 PM

This is the exact legislation I'm expecting to see come down the pike in Oregon. Our lawmakers have just started session and it's only a matter of time before they try for an Oregon AWB. Ginny Burdick has said she was going to do it last year and and now she apparently chairs a commitee that can get this sort of B.S. to the floor. What's even more scarry is if the nonsense they write up as proposed law goes even further than the clintonista's fed law did in 94. With the Oregon Firearm Federation's help, I'll be watching very close.

I'm about ready to say screw this state and move to Idaho.
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#10 LIONHART

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Posted 26 January 2005 - 09:56 PM

Another email...

Dear Devlin,


Thank you for contacting my office regarding firearm related bills. I appreciate your time and concern to this very contentious matter.

While I believe that as American citizens, the right to bear arms provides some measure of entitlement for individuals to own firearms, I also believe the degree of that entitlement, and the extent to which it is applied must be balanced with the state’s responsibility to protect public health and safety. The purpose of Senate Bills 5344, 5131, 5343, 5342, S-0230.2, S-0032 share that decree.

By considering the opinions and testimonies of the Washington citizens and legislators, I will faithfully act within my duties to preserve individual liberties and provide protection for the citizens of Washington.

Thank you again for contacting my office. I will keep your comments in mind as we consider these bills.

Sincerely,

Brian Weinstein
State Senator
41st Legislative District
________________________________________________________________

"Provides some measure of entitlement for individuals to own firearms."

What part of SHALL NOT BE INFRINGED doesn't Senator Weinstein understand?!
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#11 mp40

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Posted 26 January 2005 - 10:35 PM

It appears that Mr.Weinstein is planning to vote against us by the tone of his letter..That's the problem with these people they usually say that they are just looking out for "our public safety" I.E. "I also believe the degree of that entitlement, and the extent to which it is applied must be balanced with the state’s responsibility to protect public health and safety."

Wrong..It doesn't work that way...My Father has always said something along the lines of what Mr.Weinstein said when the subject of firearms comes up as he believes that the government has the right to "look out for our public safety" and although he believes that he still supports firearms ownership..

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#12 nedry

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Posted 27 January 2005 - 05:56 PM

Kohl-Welles is a write-off. Don't even waste time with her...

Cross-post commentary from the folks at Packing.org:
http://www.packing.o...ticle.jsp/9946/
and
http://www.packing.o...read.jsp/35053/

Re Thompson SBRs: Here in WA, unless you owned it pre-'94, you can't have ANY NFA. (Well, you can have a silencer, but it's illegal to use it. However, the way the statute's worded, they gotta see you using it, which means even a glowing-red can obviously having been used is OK, as long as they don't see you in the act. And you, therefore, can't use 'em anywhere but on your property. (if you got a chunk big enough...)

Thanks to all of you "2A cavalrymen" writing in from out of state to back us liberty-challenged subjects of PRWA up on this. How many Washingtonians are on this board, anyway?
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#13 LIONHART

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Posted 27 January 2005 - 06:13 PM

QUOTE
unless you owned it pre-'94, you can't have ANY NFA


Well, AOW are OK, and Suppressors too, but yes, you can't use them (Suppressors). Also, Destructive Devices are allowed. If you want something else, go Class 2/SOT as outlined in the RCW. Now, there is a Proposed Bill to allow Suppressor Owners the right to use them. Hopefully that will make it.
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#14 LIONHART

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Posted 27 January 2005 - 06:41 PM


Judiciary Committee hears gun testimony

Wednesday, January 26, 2005
By DON JENKINS, Columbian staff writer

OLYMPIA - The Senate Judiciary Committee, under new Democratic management, took testimony on five gun-control bills Tuesday, including one that would punish gun owners who leave loaded firearms within reach of children.

For the past two years, Spokane Valley Republican Bob McCaslin has chaired the committee and declined to hear the gun-storage bill or other gun-control legislation.

Sen. Adam Kline, D-Seattle, took over as chairman when Democrats won control of the Senate in recent elections and scheduled the hearing, prompting gun-rights advocates to pack the hearing room.

An overflow crowd listened in a nearby conference room as gun owners and their lobbyists criticized the bill and warned that gun control leads to tyranny and less security for citizens.

Among the bills they criticized was Senate Bill 5342, which would threaten gun owners with up to a year in jail if their unsecured weapons fell into the hands of children younger than 16.

Some 18 states have enacted such laws. Proponents argue the laws prevent youth suicides and accidental shootings, while the National Rifle Association says a gun in a lock box isn't much protection from home intruders.

Rep. Jim Moeller, D-Vancouver, has introduced the gun-storage legislation in the House.

Moeller sponsored the bill two years ago in the wake of the accidental shooting death of a 10-year-old Battle Ground girl. Her 13-year-old brother shot her with a pistol owned by their father, a Clark County sheriff's sergeant.

Moeller said he didn't press the bill because the Republican-controlled Senate clearly wasn't going to act.

"Maybe there's some initiative that's been lost because of the passage of time. But the danger is still there, and I think this legislation will make kids safer," Moeller said.

Moeller said he expected to gain some Republican support for the bill. But he said some Democrats will oppose the measure.

"It'll be an uphill battle," he said. "If we get a hearing, we'll be another step ahead. I think long-term on these things."

Other gun-control bills introduced in the Legislature include:

* SB 5433 and HB 1489 would force citizens visiting the Legislative Building to check their guns at the door. Currently, gun owners with concealed weapons permits can carry them in.

Prime sponsor Sen. Darlene Fairley, D-Lake Forest Park, said lawmakers shouldn't have to worry about angry and armed constituents. "We don't need that type of pressure," she said.

Kline said he doubted people who qualify to carry a concealed-weapon permit pose a danger to lawmakers.

* SB 5343 would close the so-called "gun show loophole" by prohibiting unlicensed dealers from selling guns without conducting a background check.

A spokesmen for gun owners said very few felons buy weapons at gun shows.

Kline said one would be too many.

* HB 1490 would prohibit guns in public parks. That bill has not had a hearing yet.

Two bills have not yet been assigned numbers.

* One would ban .50-caliber rifles. Fairley called the rifles "artillery pieces" and "weapons of mass destruction" that could bring down an airliner.

National Rifle Association lobbyist Brian Judy said those fears are exaggerated. He said the rifles are used in competitions and to hunt big game in Alaska and Africa. "It does clearly have sporting uses."

* The other would replace the recently expired federal ban on assault weapons with a state ban (no number assigned to bill yet).

Vancouver resident Heidi Yewman, a volunteer with Washington Ceasefire, testified there was "no practical purpose" for private use of assault weapons.

"Because they are fun to use, it's not a reason to have those weapons," she said.

Gun rights advocates hotly disagree with the ban, saying the weapons are used in shooting matches.


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#15 Walter63a

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Posted 27 January 2005 - 06:50 PM

I really feel for you guys in Wasington and those in Oregon. I fear that both states are being Communised by all those Californians moving north, to escape the high taxes, earthquakes, fires and mudslides! ohmy.gif blink.gif Having had ample experience with liberal scum politicians in the PRNY, I like to listen to voices from the past who understood all of this, predicted it and lamented it. sad.gif cool.gif Best Regards, Walter

"Any excuse will serve a tyrant."-Aesop

"All bad precedents began as justifiable measures."-Gaius Julius Caesar

"There is no safety for honest men except by believing all possible evil of evil men."-Edmund Burke

"Statesmen, my dear Sir, may plan and speculate for liberty, but it is religion and morality alone which can establish the principles upon which freedom can securely stand. The only foundation of a free Constitution is pure virtue, and if this cannot be inspired into our people in a greater measure than they have it now, they may change their rulers and the forms of government, but they will not obtain a lasting liberty."-John Adams

"The jaws of power are always open to devour, and her arm is always stretched out, if possible, to destroy the freedom of thinking, speaking, and writing."-John Adams

"The said constitution shall never be construed to authorize congress to prevent the people of the United States who are peaceable citizens from keeping their own arms."-Samuel Adams

"Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."-John Adams

"Only virtuous people are capable of freedom. As nations become corrupt and vicious they have more need of masters."-Benjamin Franklin

"Those who give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."-Benjamin Franklin

"Man will occasionally stumble over the truth, but most times he will pick himself up and carry on."-Sir Winston Churchill

"The ruling class has the schools and press under its thumb. These enable it to sway the emotions of the masses."-Albert Einstein

"Three groups of people spend other people's money: children, thieves, and politicians. All three need supervision."-Dick Armey

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#16 LIONHART

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Posted 27 January 2005 - 07:26 PM

SENATE BILL 5167
_____________________________________________
State of Washington 59th Legislature 2005 Regular Session

By Senator Hargrove
Read first time 01/17/2005. Referred to Committee on Judiciary.




AN ACT Relating to firearm noise suppressors; and amending RCW 9.41.250.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1 RCW 9.41.250 and 1994 sp.s. c 7 s 424 are each amended to read as follows:
Every person who:
(1) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which 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;
(2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.


--- END ---

__________________________________________________________________

SENATE BILL 5343
_____________________________________________
State of Washington 59th Legislature 2005 Regular Session

By Senators Kohl-Welles, Fairley, Regala, Kline and Thibaudeau
Read first time 01/20/2005. Referred to Committee on Judiciary.




AN ACT Relating to the sale of firearms at gun shows and events; amending RCW 9.41.010; adding a new section to chapter 9.41 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1 A new section is added to chapter 9.41 RCW to read as follows:
(1) Except as otherwise provided in subsection (6) of this section, a person who, while at a gun show or event, offers to sell or transfer a firearm to another person must be licensed as a dealer under 18 U.S.C. Sec. 923 and post the license in accordance with 27 C.F.R. Secs. 178.91 and 178.100(a).
(2) The licensed dealer shall:
(a) Perform a background check of the prospective transferee in accordance with RCW 9.41.090 and 18 U.S.C. Sec. 921 et seq.; and
(b) Obtain approval of a transfer from the local law enforcement agency for a handgun or the Federal Bureau of Investigation, national crime information center, for a long gun, in accordance with RCW 9.41.090 and 18 U.S.C. Sec. 921 et seq.
(3) The licensed dealer who performs the background check on a prospective transferee shall record the transfer, as provided in RCW 9.41.090 and 18 U.S.C. Sec. 922 and shall retain the records in the same manner as when conducting a sale, rental, or exchange at retail, as provided in RCW 9.41.090 and in 18 U.S.C. Sec. 922.
(4) The Washington state patrol will establish a reasonable fee to cover costs for each background check conducted at a gun show or event.
(5) A person who organizes, promotes, or otherwise sponsors a gun show or event shall:
(a) Ensure that any person who, while at the gun show or event, offers to sell or transfer a firearm to another person complies with the requirements of subsection (2)(a) of this section;
(b) Provide the services of a person licensed as a dealer under 18 U.S.C. Sec. 923 to conduct the transactions described in subsection (2)(a) of this section; and
© Post prominently a notice, in a form to be described by the director of the department of licensing or his or her designee, setting forth the requirements for a background check as provided in this section.
(6) A person other than a dealer may only offer for sale or transfer a firearm while at a gun show or event, if any resulting sale or transfer of the firearm is conducted through a person licensed as a dealer under 18 U.S.C. Sec. 923, and that licensed dealer performs a background check in accordance with RCW 9.41.090 and 18 U.S.C. Sec. 921 et seq.
(7) A violation of this section is a gross misdemeanor.


Sec. 2 RCW 9.41.010 and 2001 c 300 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(3) "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.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(5) "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.
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
© There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(10) "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. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 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, in a private transaction not through a gun show or event.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
© Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
© Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
(13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
(14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.
(16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.
(18)(a) "Gun show or event" means a place or event, a gun trade show, gun collectors' show, flea market, or auction, other than a permanent retail store, at which three or more individuals assemble to display, sell, lease, or transfer new or used firearms or firearm components to the public and that is not exempt from collecting sales tax under RCW 82.08.0251.
(b) "Gun show or event" includes a place or event where ten or more firearms are offered for transfer or transferred.
© "Gun show or event" includes, but is not limited to, an area near the gun show or event that the sponsor knows or should reasonably know will be used for parking for the gun show or event.


--- END ---

__________________________________________________________________

SENATE BILL 5593
_____________________________________________
State of Washington 59th Legislature 2005 Regular Session

By Senator Fairley
Read first time . Referred to .




AN ACT Relating to the .50 caliber firearm ban of 2005; amending RCW 9.41.010 and 9.94A.515; reenacting and amending RCW 9.94A.515; adding a new section to chapter 9.41 RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1 RCW 9.41.010 and 2001 c 300 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(3) "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.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(5) "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.
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
© There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(10) "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. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 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.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
© Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
© Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
(13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
(14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.
(16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.
(18) ".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge.
(19) ".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a center fire rifle and that has:
(a) An overall length of 5.54 inches from the base to the tip of the bullet;
(b) A bullet diameter from .510 to and including .511 inch;
© A case base diameter for the cartridge from .800 inch to and including .804 inch; and
(d) A cartridge case length of 3.91 inches.


NEW SECTION. Sec. 2 A new section is added to chapter 9.41 RCW to read as follows:
(1) No person in this state shall manufacture, possess, purchase, sell, or otherwise transfer any .50 BMG rifle, except as authorized by subsection (2) of this section. Any .50 BMG rifle the manufacture, possession, purchase, sale, or other transfer of which is prohibited under this section is a public nuisance.
(2) Subsection (1) of this section shall not apply to any of the following:
(a) The possession of an unloaded .50 BMG rifle for the purpose of permanently relinquishing it to a law enforcement agency in this state. Any .50 BMG rifle relinquished pursuant to this subsection shall be destroyed;
(b) The transfer of any .50 BMG rifle by a licensed manufacturer or dealer to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
© The possession of a .50 BMG rifle that was legally possessed on the effective date of this section, but only if the person legally possessing the .50 BMG rifle has complied with all of the requirements of subsection (3) of this section;
(d) The possession of a .50 BMG rifle that has been permanently disabled so that it is incapable of discharging a projectile.
(3) In order to continue to possess a .50 BMG rifle that was legally possessed on the effective date of this section, the person possessing the .50 BMG rifle shall do all of the following:
(a) Within ninety days following the effective date of this section, submit to a background check identical to the background check conducted in connection with the purchase of a firearm from a licensed gun dealer;
(b) Unless the person is prohibited by law from possessing a firearm, immediately register the .50 BMG rifle with the chief of police of a municipality or sheriff of a county;
© Safely and securely store the .50 BMG rifle. The chief of police of a municipality or sheriff of a county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;
(d) Annually renew both the registration and the background check;
(e) Possess the .50 BMG rifle only on property owned or immediately controlled by the person, or while engaged in the legal use of the .50 BMG rifle at a duly licensed firing range, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the .50 BMG rifle, provided that the .50 BMG rifle is stored unloaded and in a separate locked container during transport.
(4) Notwithstanding any other provision of this section, any person in this state who, after the effective date of this section, acquires title to a .50 BMG rifle by inheritance, bequest, or succession, shall, within thirty days of acquiring title, do one of the following:
(a) Comply with all of the requirements of subsection (3) of this section;
(b) Dispose of the .50 BMG rifle pursuant to subsection (2)(a) of this section; or
© Permanently disable the .50 BMG rifle so that it is incapable of discharging a projectile.
(5) The chief of police of a municipality or sheriff of a county may charge a fee for each registration and for each registration renewal pursuant to subsection (3) of this section. However, such fee may not exceed the costs incurred in administering the registration program established under subsection (3) of this section.
(6)(a) Any person convicted of violating subsection (1) of this section is guilty of a class C felony.
(b) Any person convicted of violating subsection (3) of this section is guilty of a gross misdemeanor.
(7) Any violation of this section shall also result in the immediate revocation of the registration of every .50 BMG rifle registered to such person.
(8) This section does not apply to:
(a) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this or another state while acting within the scope of their duties;
(b) Members of the armed forces of the United States or of the national guard or organized services, when on duty;
© Officers or employees of the United States duly authorized to possess .50 BMG rifles; or
(d) Any person engaged in the business of manufacturing, repairing, or dealing in .50 BMG rifles, or the representative or agent of the person who is properly licensed under federal or state laws to do so and who is acting within the usual and ordinary course of the business.



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#17 Walter63a

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Posted 27 January 2005 - 07:49 PM

This whole thing, each bill an attempt at oppression, reaks to high heaven!! ohmy.gif Do we live in Communist China or the most free nation on earth, the United States of America? blink.gif unsure.gif It is getting very difficult to tell (except for the language thing)!!! mad.gif
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#18 nedry

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Posted 27 January 2005 - 08:19 PM

I told ya, we're being overrun and becoming Commiefornia Norte. They're fleeing what their own madness has wrought and bringing the cause of the problem here with 'em.

Incidentally, I just went through a search of RCW, and didn't see word one about AOW's. Can you cite RCW on their "kosher" status? (I'm partial to a "pen gun" as one part of my "multiple-lines-of-defense" personal-protection doctrine, but thought they were illegal here.)
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#19 LIONHART

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Posted 27 January 2005 - 08:32 PM

Nedry, last time I looked, there was nothing in the RCW specifically pretaining to the ownership of Any Other Weapons
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#20 nedry

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Posted 27 January 2005 - 09:46 PM

Thanks, Lionhart. Too bad we don't have Class 3 dealers selling to civilians here anymore, and I can't just deal with an out-of-state C3 and have it shipped to my regular-FFL normal gun shop...
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