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House Bill 2241 (Must Read)

By
Z-0704.1

HOUSE BILL 2241

State of Washington
66th Legislature
2020 Regular Session
ByRepresentatives Peterson, Valdez, Doglio, Macri, and Robinson; by request of Governor Inslee and Attorney General
Prefiled 12/16/19.
AN ACT Relating to assault weapons and large capacity magazines; adding new sections 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:
For purposes of sections 2 and 3 of this act only, the following terms have the following meanings:
(1) "Assault weapon" means:
(a) Any of the following specific firearms or a copycat weapon, regardless of which company produced and manufactured the firearm:
(i) AK-47 in all forms;
(ii) AK-74 in all forms;
(iii) Algimec AGM-1 type semi-auto;
(iv) American Arms Spectre da Semiautomatic carbine;
(v) AR15, M16, or M4 in all forms;
(vi) AR 180 type semi-auto;
(vii) Argentine L.S.R. semi-auto;
(viii) Australian Automatic;
(ix) Auto-Ordnance Thompson M1 and 1927 Semi-Automatics;
(x) Barrett .50 cal light semi-auto;
(xi) Barrett .50 cal M87;
(xii) Barrett .50 cal M107A1;
(xiii) Barrett REC7;
(xiv) Beretta AR70/S70 type semi-auto;
(xv) Bushmaster Carbon 15;
(xvi) Bushmaster ACR;
(xvii) Bushmaster XM-15;
(xviii) Bushmaster MOE;
(xix) Calico models M100 and M900;
(xx) CETME Sporter;
(xxi) CIS SR 88 type semi-auto;
(xxii) Colt CAR 15;
(xxiii) Daewoo K-1;
(xxiv) Daewoo K-2;
(xxv) Dragunov Semi-Auto;
(xxvi) Fabrique Nationale FAL in all forms;
(xxvii) Fabrique Nationale F2000;
(xxviii) Fabrique Nationale L1A1 Sporter;
(xxix) Fabrique Nationale M249S;
(xxx) Fabrique Nationale PS90;
(xxxi) Fabrique Nationale SCAR;
(xxxii) FAMAS .223 Semi-Auto;
(xxxiii) Galil;
(xxxiv) Heckler & Koch G3 in all forms;
(xxxv) Heckler & Koch HK-41/91;
(xxxvi) Heckler & Koch HK-43/93;
(xxxvii) Heckler & Koch HK94A2/3;
(xxxviii) Heckler & Koch MP-5 in all forms;
(xxxix) Heckler & Koch PSG-1;
(xl) Heckler & Koch SL8;
(xli) Heckler & Koch UMP;
(xlii) Manchester Arms Commando MK-45;
(xliii) Manchester Arms MK-9;
(xliv) SAR-4800;
(xlv) SIG AMT SG510 in all forms;
(xlvi) SIG SG550 in all forms;
(xlvii) SKS;
(xlviii) Spectre M4;
(xlix) Springfield Armory BM-59;
(l) Springfield Armory G3;
(li) Springfield Armory SAR-8;
(lii) Springfield Armory SAR-48;
(liii) Springfield Armory SAR-3;
(liv) Springfield Armory M-21 Sniper;
(lv) Springfield Armory M1A;
(lvi) Smith & Wesson M&P 15;
(lvii) Sterling Mk 1;
(lviii) Sterling Mk 6/7;
(lix) Steyr AUG;
(lx) TNW M230;
(lxi) FAMAS F11; or
(lxii) Uzi 9mm carbine/rifle;
(b) A semiautomatic, centerfire, or rimfire rifle that has an overall length of less than thirty inches; or
(c) A conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
"Assault weapon" does not include antique firearms, any firearm that has been made permanently inoperable, any firearm that is manually operated by bolt, pump, lever, or slide action, or a pistol that is not identified in (a) of this subsection and does not meet the description in subsection (2) of this section.
(2) "Copycat weapon" means a semiautomatic, centerfire firearm that has the capacity to accept a detachable magazine and has one or more of the following:
(a) A pistol grip that protrudes conspicuously beneath the action of the weapon, unless the firearm is a pistol as defined in this section;
(b) Thumbhole stock;
(c) Folding or telescoping stock;
(d) Forward pistol, vertical, angled, or other grip designed for use by the nonfiring hand to improve control during a high rate of fire;
(e) Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor, silencer, or any item designed to reduce the visual or audio signature of the firearm;
(f) Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel to reduce recoil or muzzle rise;
(g) Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle break, or similar item; or
(h) Grenade launcher or flare launcher.
(3) "Detachable magazine" means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.
(4) "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than ten rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in the possession or under the control of the same person, but shall not be construed to include any of the following:
(a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition;
(b) A twenty-two caliber tube ammunition feeding device; or
(c) A tubular magazine that is contained in a lever-action firearm.
(5) "Semiautomatic" means any firearm that uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and that requires a separate pull of the trigger to fire each cartridge.
NEW SECTION.  Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:
(1) No person in this state may manufacture, possess, distribute, import, transfer, sell, offer for sale, purchase, or otherwise transfer any assault weapon or large capacity magazine except as authorized in this section.
(2) Subsection (1) of this section does not apply to any of the following:
(a) The possession of an assault weapon or large capacity magazine by a person who legally possessed the assault weapon or large capacity magazine on the effective date of this section, or possession of an assault weapon or large capacity magazine by a person who, on or after the effective date of this section, acquires possession of the assault weapon or large capacity magazine by operation of law upon the death of the former owner who was in legal possession of the assault weapon or large capacity magazine, provided the person in possession of the assault weapon or large capacity magazine can establish such provenance. A person who legally possesses an assault weapon or large capacity magazine under this subsection may not sell or transfer the assault weapon to any other person in this state other than to a licensed dealer, to a federally licensed gun smith for the purpose of service or repair, or to a law enforcement agency for the purpose of permanently relinquishing the assault weapon or large capacity magazine;
(b) Any government officer, agent, or employee; member of the armed forces of the United States or the state of Washington; or law enforcement officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of his or her duties;
(c) The manufacture, offering for sale, sale, importation, or transfer of an assault weapon or 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;
(d) The possession, offering for sale, sale, importation, or transfer of an assault weapon or 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;
(e) The possession, offering for sale, sale, importation, or transfer of an assault weapon or large capacity magazine by a dealer that is properly licensed under federal and state law where the dealer acquires the assault weapon or large capacity magazine from a person legally authorized to possess or transfer the assault weapon or large capacity magazine under (a) of this subsection for the purpose of selling or transferring the assault weapon or large capacity magazine to a person who does not reside in this state;
(f) The transfer to and possession of a legally possessed assault weapon or large capacity magazine by a federally licensed gunsmith for the purposes of service or repair, and the return of the assault weapon or large capacity magazine to the lawful owner;
(g) The possession, offering for sale, sale, importation, or transfer of an unloaded assault weapon for the purpose of permanently relinquishing it to a law enforcement agency in this state;
(h) The importation or possession of an assault weapon or large capacity magazine for the purpose of lawfully participating in a sporting event officially sanctioned by a club or organization established in whole or in part for the purpose of sponsoring sport shooting events;
(i) The possession, importation, purchase, or transfer of an assault weapon or large capacity magazine by 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, including such possession while not on duty, but specifically authorized by command staff and necessary for the performance of such duties;
(j) The possession of an assault weapon or large capacity magazine by law enforcement officers retired for service or physical disabilities, when the assault weapon or large capacity magazine in question was acquired as part of the officer's separation from service;
(k) Members of the armed forces of the United States or of the national guard or organized services, when on duty;
(l) Officers or employees of the United States duly authorized to possess assault weapons or large capacity magazines;
(m) Any persons lawfully engaged in shooting at a duly licensed, lawfully operated shooting range; or
(n) The possession or transfer of an unloaded assault weapon or large capacity magazine for the purpose of permanently relinquishing it to a law enforcement agency in this state. An assault weapon or large capacity magazine relinquished to a law enforcement agency under this subsection must be destroyed.
(3) In order to continue to possess an assault weapon or large capacity magazine that was legally possessed on the effective date of this section, the person possessing the assault weapon or large capacity magazine shall possess the assault weapon or large capacity magazine only on property owned or immediately controlled by the person, or while engaged in the legal use of the assault weapon or large capacity magazine at a duly licensed firing range, or while engaged in a lawful outdoor recreational activity such as hunting, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the assault weapon or large capacity magazine, provided that the assault weapon or large capacity magazine is stored unloaded and in a separate locked container during transport.
(4) A person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
NEW SECTION.  Sec. 3. A new section is added to chapter 9.41 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, a person shall not:
(a) Transport an assault weapon into Washington state; or
(b) Possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.
(2)(a) A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault weapon before January 1, 2021, and who has registered the assault weapon with the Washington state patrol may:
(i) Continue to possess and transport the assault weapon; or
(ii) While carrying a court order requiring the surrender of the assault weapon, transport the assault weapon directly to a law enforcement unit, barracks, or station if the person has notified the law enforcement unit, barracks, or station that the person is transporting the assault weapon in accordance with a court order and the assault weapon is unloaded.
(b) A licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault weapon or a copycat weapon that the licensed firearms dealer lawfully possessed on or before January 1, 2021.
(c) A person may transport an assault weapon to or from:
(i) An ISO 17025 accredited, national institute of justice–approved ballistics testing laboratory; or
(ii) A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
NEW SECTION.  Sec. 4. 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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Ferguson, Inslee proposing limit to high capacity magazines, end of assault weapon sales

By

Ferguson, Inslee proposing limit to high capacity magazines, end of assault weapon sales

OLYMPIA, Wash. - Attorney Bob Ferguson announced Thursday that he will propose a package of legislation to combat mass shootings in Washington state. 

Governor Jay Inslee is joining Ferguson for the first time to propose limits to magazine capacity and a ban on the sale of assault weapons. 

Ferguson intends to propose legislation to add background checks on ammunition sales after federal rules are changed, in addition to other safety measures to keep ammunition out of the hands of dangerous individuals. 

“It took just 32 seconds for an individual armed with a 100-round double-drum magazine and an AR-15-style weapon to shoot 36 people before he was killed by law enforcement,” Ferguson said. “That same rifle and magazine are perfectly legal to purchase in Washington state. That makes no sense.” 

“This is the time to take action on common sense measures that will save lives. We should be making it harder for those who want to inflict mass violence and destruction upon innocent people,” Inslee said. “By limiting magazine capacity and banning assault weapons, we can work toward a day where no one in Washington state loses a friend or family members to senseless gun violence. 

Ferguson and Inslee pointed to two mass shootings in Washington state when announcing their upcoming proposals. The government officials said high-capacity magazines were used in the 2016 Mukilteo shooting where three young people were killed, and the 2016 Cascade Mall shooting in Burlington, where five people were killed. 

In a release, the AG’s office said limiting magazine capacity forces shooters to reload, which buys time for victims and law enforcement.

Ferguson and Inslee said a would-be mass shooter at Seattle Pacific University was tackled and stopped when he was reloading his shotgun. 

The Attorney General and Governor are proposing joint-request legislation to ban the sale of assault weapons. The bill makes an exception for law enforcement, military personnel and recreational shooting ranges, and allows for the possession of grandfathered weapons purchased before the effective date of legislation. 

The bill’s definition to assault weapons would be similar to the definition used by seven other states – semi-automatic weapons that contain at least one military-style feature. 

In regard to ammunition sales, Ferguson’s legislation proposes the following: 

• Prohibits violent felons and other individuals who cannot lawfully obtain firearms from purchasing or possessing ammunition
• Makes it illegal for firearms dealers to knowingly sell ammunition to violent felons and other individuals prohibited from owning firearms
• Prohibits dealers from knowingly selling ammunition to violent offenders and other individuals prohibited from owning firearms
• Requires ammunition sellers to obtain a state firearms license, which costs $125. This change will not impact current firearms dealers
• Requires background checks for all ammunition sales 30 days after the U.S. Department of Justice changes its rules and authorizes dealers to use the national instant criminal background check system, known as NICS, to initiate a check for a transfer of ammunition

In September, Ferguson joined 20 other attorneys general in writing a letter to Congressional leadership in support of the most recent bills to require federal background checks for ammunition.

 

 




HB 5340 A Must Read

By

Senate Bill 5340

 

AN ACT Relating to assault weapons and large capacity magazines;

 

 

Senators Kuderer, Dhingra, Carlyle, Hunt, Keiser, Nguyen, Saldaña,and Wellman; by request of Attorney General
 
Use the link below to read this bill

 

 

 

http:/lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Senate%20Bills/5340.pdf