HB 1245: Repealing Initiative 594

[bearpaw]

HB 1245 - 2015-16
Repealing background check provisions for gun sales and transfers relating to Initiative Measure No. 594.

HOUSE BILL 1245

State of Washington 64th Legislature 2015 Regular Session
By Representatives Shea, Taylor, G. Hunt, Scott, Griffey, Rodne, MacEwen, Young, Haler, Short, and Buys
Read first time 01/16/15. Referred to Committee on Judiciary.

1 ACT Relating to criminal and public safety background checks
2 for gun sales and transfers; repealing RCW 9.41.092, 9.41.113,
3 29.41.115, 9.41.137, and 82.08.833; repealing 2015 c ss 2, 5, 6, 7,
4 and 11; and repealing 2015 c 1 s 1 (uncodified).

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

6 NEW SECTION. Sec. 1. The following acts or parts of acts are
7 each repealed:
8 (1) RCW 9.41.092 (Licensed dealer deliveries—Background checks)
9 and 2015 c 1 s 4 (Initiative Measure No. 594);
10 (2) RCW 9.41.113 (Firearm sales or transfers—Background checks—
11 Requirements—Exceptions) and 2015 c 1 s 3 (Initiative Measure No.
12 594);
13 (3) RCW 9.41.115 (Penalties—Violations of RCW 9.41.113) and 2015
14 c 1 s 9 (Initiative Measure No. 594);
15 (4) RCW 9.41.137 (Department of licensing, authority to adopt
16 rules—Reporting of violations—Authority to revoke licenses) and 2015
17 c 1 s 8 (Initiative Measure No. 594);
18 (5) RCW 82.08.833 (Exemptions—Sales or transfers of firearms—
19 Unlicensed persons—Background check requirements) and 2015 c 1 s 10
20 (Initiative Measure No. 594);20


1 (6) 2015 c 1 s 2 (Initiative Measure No. 594);
2 (7) 2015 c 1 s 5 (Initiative Measure No. 594);
3 ( 2015 c 1 s 6 (Initiative Measure No. 594);
4 (9) 2015 c 1 s 7 (Initiative Measure No. 594);
5 (10) 2015 c 1 s 11 (Initiative Measure No. 594); and
6 (11) 2015 c 1 s 1 (uncodified) (Initiative Measure No. 594).

--- END ---

[csaaphill]

anyone voting yes or dont care 

[Windwalker]

Yes- big thumbs up 

Have to excuse the reluctance to jump on any endorsement until it has been read thoroughly..

Speaking of, didn't see anything in it about 29.41.115..what am I missing?

RCW 9.41.092
Licensed dealer deliveries—Background checks.
   
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.

RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions.

9.41.113 is huge, has all the transfer language in it.

RCW 9.41.115
Penalties—Violations of RCW 9.41.113.
   
Notwithstanding the penalty provisions in this chapter, any person knowingly violating RCW 9.41.113 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. If a person previously has been found guilty under this section, then the person is guilty of a class C felony punishable under chapter 9A.20 RCW for each subsequent knowing violation of RCW 9.41.113. A person is guilty of a separate offense for each and every gun sold or transferred without complying with the background check requirements of RCW 9.41.113. It is an affirmative defense to any prosecution brought under this section that the sale or transfer satisfied one of the exceptions in RCW 9.41.113(4

RCW 9.41.137
Department of licensing, authority to adopt rules—Reporting of violations—Authority to revoke licenses.
   
The department of licensing shall have the authority to adopt rules for the implementation of this chapter as amended. In addition, the department of licensing shall report any violation of this chapter by a licensed dealer to the bureau of alcohol, tobacco, firearms and explosives within the United States department of justice and shall have the authority, after notice and a hearing, to revoke the license of any licensed dealer found to be in violation of this chapter.

RCW 82.08.833
Exemptions—Sales or transfers of firearms—Unlicensed persons—Background check requirements.
   
The tax imposed by RCW 82.08.020 does not apply to the sale or transfer of any firearms between two unlicensed persons if the unlicensed persons have complied with all background check requirements of chapter 9.41 RCW.

[sakoshooter]

Very glad to read this.

[HntnFsh]

anyone voting yes or dont care 

Looks like 100% yes to me!

[grundy53]

I'm guessing it has a snow balls chance in Hades. But I hope it passes.

[huntingcl]

I'm guessing it has a snow balls chance in Hades. But I hope it passes.

[huntrights]

Take action to help push this bill along. The best thing that could happen is a total repeal of I-594.

Go to the Washington State Legislature website for HB 1245
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1245

Select the “Comment on this bill” button
https://app.leg.wa.gov/pbc/bill/1245

Fill in the blanks.

Select “Support”

Write your comments.

Then press “Submit Form”


Watch this video:

Graham Hunt and Matt Shea at I-594 Rally For Your Rights, Olympia, WA Jan. 15th, 2015
https://www.youtube.com/watch?v=4aU2ONGzagY

[huntrights]

CCRKBA THROWS ITS SUPPORT BEHIND BILL TO REPEAL I-594
Monday, January 26th, 2015
http://www.ccrkba.org/?p=4650

Take action and support the repeal if I-594.  It will just take a few minutes of your time to make sure our legislators know you support the repeal of I-594 by supporting HB 1245.  The necessary links are given in the prior post (above).

[bearhunter99]

Done.  Thanks for the links

[pianoman9701]

Sent to my rep, Paul Harris:

"Hi Paul,

I'm writing to you in support of HB 1245, the measure to repeal Initiative 594.

This Initiative was passed because of the effort of billionaires, many from out of state, with their own agenda and has created dangerous circumstances as a result.

As a hunter education instructor, my adult students will no longer be able to legally handle firearms in our classes. Not being able to practice safe gun handling will put hunters and non-hunters alike in great danger.

In addition, the definition of transfer is so broad that law-abiding citizens such as myself will be hard pressed not to break the law accidentally and then become criminals, losing our rights under the Constitution.

Paul, please join me in support of HB 1245. I request the courtesy of a reply. Thanks,
John"

[pianoman9701]

Response from Paul Harris:

"John,

Thanks for the email.  I signed onto this bill.  Have a good weekend, and go Hawks!

Representative Paul Harris
Minority Whip
17th Legislative District"

I love having a conservative representative over here on the wetside. 

[Firedogg]

Isn't there a time frame to be followed before they can repeal or change the law? Seems a bit early before they could do anything to it. But I'm all in favor of overturning or completely repealing it.

[huntnphool]

anyone voting yes or dont care 

 Looks like you are the only one against this so fa Phil, must be another conspiracy.

[Rainier10]

Done, thanks for posting the easy to follow link.