(1) No person may manufacture, cause to be manufactured, assemble, or cause to be assembled an untraceable firearm. (2) An application may be made to a court of competent jurisdiction for a writ of mandamus: (a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused; (b) Directing a law enforcement agency to approve an application to purchase a pistol or semiautomatic assault rifle wrongfully denied; (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or alien firearm license or in the wrongful denial of a purchase application for a pistol or semiautomatic assault rifle be corrected; or. (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. (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to: (i) Any pistol in the possession of a person licensed under RCW. (31) "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: (b) Any felony violation of the uniform controlled substances act, chapter. (1) Before a law enforcement agency returns a privately owned firearm, the law enforcement agency must: (a) Confirm that the individual to whom the firearm will be returned is the individual from whom the firearm was obtained or an authorized representative of that person; (b) Confirm that the individual to whom the firearm will be returned is eligible to possess a firearm pursuant to RCW, (c) Ensure that the firearm is not otherwise required to be held in custody or otherwise prohibited from being released; and, (d) Ensure that twenty-four hours have elapsed from the time the firearm was obtained by law enforcement, unless the firearm was seized in connection with a domestic violence call pursuant to RCW. (2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section. (6) "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. Law enforcement shall also serve a copy of the order to show cause on the petitioner, either electronically or in person, at no cost. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and. (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. What Are the Penalties for Carrying a Firearm While Intoxicated in (g) Promoting prostitution in the first degree; (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, (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW, (n) Any other felony with a deadly weapon verdict under RCW, (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; or, (32) "Short-barreled rifle" means a rifle having one or more barrels less than ((, (33) "Short-barreled shotgun" means a shotgun having one or more barrels less than ((. (b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident, or the state pursuant to RCW. Upon completion of any examination by the designated crisis responder, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person. (1) When selling or transferring any firearm, every dealer shall offer to sell or give the purchaser or transferee a secure gun storage device, or a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm. Operating While Intoxicated; Drug Crimes. (9) "Federal firearms dealer" means a licensed dealer as defined in 18 U.S.C. (a) An offense involving sexual motivation; (b) An offense committed against a child under the age of eighteen; or, (4) For purposes of this section, "sexual motivation" and "serious violent offense" are defined as in RCW. (22) "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. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. 1101(a)(15). (2) The firearm or unfinished frame or receiver shall be imprinted with the licensee's abbreviated federal firearms license number as a prefix (which is the first three and last five digits) followed by a hyphen, and then followed by a number as a suffix, e.g., "12345678-(number)." (10) All law enforcement agencies must have policies and procedures to provide for the acceptance, storage, and return of firearms, dangerous weapons, and concealed pistol licenses that a court requires must be surrendered under RCW. Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. 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. (5) A voluntary waiver of firearm rights may not be required of an individual as a condition for receiving employment, benefits, or services. Based on the reasoning of AGO 1983 No. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection. (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. (ii) "Public place" means any site accessible to the general public for business, entertainment, or another lawful purpose. (b) At the person's fixed place of business; or. Sec. The law enforcement agency shall require the person to produce the evidence within 15 days of the revocation of the license. The administrative office of the courts shall report annually on the number of orders issued under this chapter by each court, the degree of compliance, and the number of firearms obtained, and may make recommendations regarding additional procedures to enhance compliance and victim safety. The law enforcement agency shall file the original receipt with the court within 24 hours after service of the order and retain a copy of the receipt, electronically whenever electronic filing is available. 9.41.250. 921(a)(9). Firearm, Explosives & Ammunition Possession | Washington State If the manufacturer's number is not available at the time of applying for the purchase of a pistol or semiautomatic assault rifle, the application may be processed, but delivery of the pistol or semiautomatic assault rifle to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides, or the state pursuant to subsection (3)(b) of this section; (v) A statement that the purchaser is eligible to purchase and possess a firearm under state and federal law; and. (c) On real property under his or her control. (1) A nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, may carry or possess any firearm without having first obtained an alien firearm license if the nonimmigrant alien possesses: (a) A valid passport and visa showing he or she is in the country legally; (b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and, (c)(i) A valid hunting license issued by a state or territory of the United States; or. (1) In attendance at a hunter's safety course or a firearms safety course; (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (4) Hunting or trapping under a valid license issued to the person under Title. (3) Subsection (1) of this section shall not apply to: (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or. New Mexico Statutes Section 30-7-4 (2019) - Negligent use of a deadly Call Us Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com . (1) It is unlawful for a person to knowingly carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, areas of facilities while being used exclusively by public or private schools, or areas of facilities while being used for official meetings of a school district board of directors: (b) Any other dangerous weapon as defined in RCW. Chapter 9.41 RCW: FIREARMS AND DANGEROUS WEAPONS - Washington (a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife; (b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or. (i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic. The license may be in triplicate or in a form to be prescribed by the department of licensing. . We will deal with your first two questions together since our answer in no way depends on the nature of the sanctions, criminal or civil, involved. (d) Directing a law enforcement agency to approve a dealer's license wrongfully denied. In so concluding, however, we also cautioned (at page 5 of the addendum) that, ". (2) A citizen of Canada may carry or possess any firearm so long as he or she possesses: (a) Valid documentation as required for entry into the United States; (3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. (1) Except as provided in subsections (3) and (4) of this section, it is unlawful for a person to knowingly carry onto, or to possess in, a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office, or areas of facilities while being used as a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office: (c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; (ii) Any device, object, or instrument that is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse; or, (e) Any spring blade knife as defined in RCW. (e) Nothing in this subsection applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license. (1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. By the end of the business day, the clerk of the court must transmit the form to the Washington state patrol and to any contact person listed on the voluntary waiver of firearm rights and destroy all records of the voluntary waiver. 921(a)(11). The fee shall be distributed as follows: (i) Three dollars shall be deposited in the limited fish and wildlife account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife.
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