Excerpts:
Sec. 2.
(9) "Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
(10) "Gun" has the same meaning as firearm.
Sec. 3. A new section is added to chapter 9.41 RCW
to read as follows:
(1) All firearm sales or transfers, in whole or part in this state
including without limitation a sale or transfer where either the
purchaser or seller or transferee or transferor is in Washington,
shall be subject to background checks unless specifically exempted by
state or federal law. 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.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a
licensed dealer, the parties to the transaction shall complete the
sale or transfer through a licensed dealer as follows:
(a) The seller or transferor shall deliver the firearm to a
licensed dealer to process the sale or transfer as if it is selling or
transferring the firearm from its inventory to the purchaser or
transferee, except that the unlicensed seller or transferor may remove
the firearm from the business premises of the licensed dealer while
the background check is being conducted. If the seller or transferor
removes the firearm from the business premises of the licensed dealer
while the background check is being conducted, the purchaser or
transferee and the seller or transferor shall return to the business
premises of the licensed dealer and the seller or transferor shall
again deliver the firearm to the licensed dealer prior to completing
the sale or transfer.
(b) Except as provided in (a) of this subsection, the licensed
dealer shall comply with all requirements of federal and state law
that would apply if the licensed dealer were selling or transferring
the firearm from its inventory to the purchaser or transferee,
including but not limited to conducting a background check on the
prospective purchaser or transferee in accordance with federal and
state law requirements and fulfilling all federal and state
recordkeeping requirements.
(c) The purchaser or transferee must complete, sign, and submit
all federal, state, and local forms necessary to process the required
background check to the licensed dealer conducting the background
check.
(d) If the results of the background check indicate that the
purchaser or transferee is ineligible to possess a firearm, then the
licensed dealer shall return the firearm to the seller or transferor.
(e) The licensed dealer may charge a fee that reflects the fair
market value of the administrative costs and efforts incurred by the
licensed dealer for facilitating the sale or transfer of the firearm.
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this
subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews,
first cousins, aunts, and uncles, that is a bona fide gift;
(b) The sale or transfer of an antique firearm;
(c) A temporary transfer of possession of a firearm if such
transfer is necessary to prevent imminent death or great bodily harm
to the person to whom the firearm is transferred if:
(i) The temporary transfer only lasts as long as immediately
necessary to prevent such imminent death or great bodily harm; and
(ii) The person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law;
(d) Any law enforcement or corrections agency and, to the extent
the person is acting within the course and scope of his or her
employment or official duties, any law enforcement or corrections
officer, United States marshal, member of the armed forces of the
United States or the national guard, or federal official;
(e) A federally licensed gunsmith who receives a firearm solely
for the purposes of service or repair, or the return of the firearm to
its owner by the federally licensed gunsmith;
(f) The temporary transfer of a firearm (i) between spouses or
domestic partners; (ii) if the temporary transfer occurs, and the
firearm is kept at all times, at an established shooting range
authorized by the governing body of the jurisdiction in which such
range is located; (iii) if the temporary transfer occurs and the
transferee's possession of the firearm is exclusively at a lawful
organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group
that uses firearms as a part of the performance; (iv) to a person who
is under eighteen years of age for lawful hunting, sporting, or
educational purposes while under the direct supervision and control of
a responsible adult who is not prohibited from possessing firearms; or
(v) while hunting if the hunting is legal in all places where the
person to whom the firearm is transferred possesses the firearm and
the person to whom the firearm is transferred has completed all
training and holds all licenses or permits required for such hunting,
provided that any temporary transfer allowed by this subsection is
permitted only if the person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law; or
(g) A person who (i) acquired a firearm other than a pistol by
operation of law upon the death of the former owner of the firearm or
(ii) acquired a pistol by operation of law upon the death of the
former owner of the pistol within the preceding sixty days. At the
end of the sixty-day period, the person must either have lawfully
transferred the pistol or must have contacted the department of
licensing to notify the department that he or she has possession of
the pistol and intends to retain possession of the pistol, in
compliance with all federal and state laws.
Sec. 4. A new section is added to chapter 9.41 RCW
to read as follows:
Except as otherwise provided in this chapter, a licensed dealer
may not deliver any firearm to a purchaser or transferee until the
earlier of:
(1) The results of all required background checks are known and
the purchaser or transferee is not prohibited from owning or
possessing a firearm under federal or state law; or
(2) Ten business days have elapsed from the date the licensed
dealer requested the background check. However, for sales and
transfers of pistols if the purchaser or transferee does not have a
valid permanent Washington driver's license or state identification
card or has not been a resident of the state for the previous
consecutive ninety days, then the time period in this subsection shall
be extended from ten business days to sixty days.