Washington Association of Sheriffs and Police Chiefs WASPC CANNOT - PowerPoint PPT Presentation

Washington Association of Sheriffs and Police Chiefs

 WASPC CANNOT provide legal advice. Please discuss any questions with your agency’s legal advisor. None of these materials should be considered legal advice. Please check all resources as this is WASPC’s understanding of the topic at a specific moment in time.

 Establish a group of subject matter experts  Understand the current environment  Understand the coming changes  Determine how best to assist

NICS 1639 Legislative Firearms Changes July 1, 2019

Local Law NICS Enforcement Other (Frames, Receivers, Etc.)

Local Law NICS Enforcement Other (Frames, Receivers, Etc.)

 Allows purchaser to take possession of firearm once NICS e-check is completed (possibly same day). NICS check is initiated by FFL.  Courtesy Check ends 06/30/2019.  See NICS Fix Bill, HB 1465

Handgun w/CPL Purchase Current Process July 1, 2019 Purchaser Purchaser may receive Purchaser receives Handgun purchase Handgun purchase Purchaser receives handgun w/ CPL handgun prior to LLE w/ CPL handgun background completion If no background response within If no background Initiate background 10* days may response within No sale check process sale 10* days may Initiate NICS Process sale FFL (9.41.092) process sale courtesy check (9.41.092) No sale Initiate LLE background check NICS NICS denial Process NICS Process NICS check courtesy check No NICS denial NICS denial Receive results from Initiate NICS check NICS check No NICS denial LLE denial Notify FFL of denial Continue LLE background Process LLE Notify FFL of background check denial No LLE LLE LLE denial denial Generally, No Process LLE Notification to FFL background check Proceed Notification to No LLE FFL denial This demonstration does not reflect delayed or subsequent denials

Handgun Purchase without CPL Current Process July 1, 2019 Purchaser Purchaser receives Handgun purchase handgun No change Initiate background No sale check If no background No change response within FFL 10* days may process sale (9.41.092) NICS No change Process NICS check NICS denial Receive results from Initiate NICS check NICS check No NICS denial Continue LLE background No change Notify FFL of denial LLE LLE denial Process LLE background check Proceed Notification to No LLE FFL denial This demonstration does not reflect delayed or subsequent denials

Long Gun (no SAR) Purchase Current Process July 1, 2019 Purchaser Purchaser receives No change Long gun purchase long gun If no background response within 10* days may Initiate NICS FFL No sale Process sale No change process sale courtesy check (9.41.092) NICS denial No change NICS Process NICS courtesy check No NICS denial LLE This demonstration does not reflect delayed or subsequent denials

Other (Frames, Receivers, Etc.)

Other (Frames, Receivers, Etc.)

 Public Safety  10 Day Clock with default to proceed on  Constitutional Rights the 10 th day.  Law Enforcement Resources  Managing Priorities  Costs  Statutes v. Reality

1Intent 2Short Title 3 Enhanced Background Checks 4 Waiting Period 5 Secure Gun Storage 6 Availability of Secure Gun Storage 79.41.094, Waiver of confidentiality. 89.41.097, Supplying information on persons purchasing pistols or applying for concealed pistol licenses. 99.41.0975, Officials and agencies—Immunity, writ of mandamus. 9.41.110, Dealer's licenses, by whom granted, conditions, fees—Employees, fingerprinting and background checks—Wholesale sales 10 excepted—Permits prohibited. 119.41.113, Firearm sales or transfers—Background checks—Requirements—Exceptions. 129.41.124, Purchasing by nonresidents. 13 9.41.240, Possession of pistol by person from eighteen to twenty-one. 149.41.129, Recordkeeping requirements. 15 New Section to Chapter 9.41 RCW, annual eligibility verification 16 9.41.010, Terms defined. 17Effective date, except section 13 18DOL make take steps to ensure this act is implemented on its effective date 19If any provisions of this act or its application... invalid or preempted by federal law…

REQUIREMENT: NOTES:  Initiative 1639, Section 16  Departments will need to (page 23) conduct background checks for newly-defined  Changes RCW 9.41.010 semiautomatic assault rifles (same process as  Effective 07/01/2019 handguns)

Semi Automatic Rifle Purchase (as defined by 1639) Current Process July 1, 2019 Purchaser SAR purchase Purchaser receives long gun SAR purchase Purchaser receives SAR Initiate background Statutory 10 days If no background No sale check waiting period response within Initiate NICS Process sale (9.41.092) FFL 10* days may courtesy check process sale (9.41.092) No sale NICS denial NICS Process NICS Process NICS check courtesy check No NICS denial NICS denial Receive results from Initiate NICS check NICS check No NICS denial Continue LLE background Notify FFL of denial LLE LLE denial Process LLE background check Proceed Notification to No LLE FFL denial This demonstration does not reflect delayed or subsequent denials

REQUIREMENT: NOTES:   Initiative 1639, Section 13 A person under twenty-one years of age may not purchase a (page 22) pistol or semiautomatic assault rifle.  Changes RCW 9.41.240  A person 18-21 years of age may  Effective 01/01/2019 possess a semiautomatic assault rifle in persons place of abode; fixed place of business; on property under his/her control; or moving/transferring.

REQUIREMENT: NOTES:  Initiative 1639, Section 3  No semiautomatic assault (page 3) rifle may be delivered unless proof is provided of  Changes RCW 9.41.090 a recognized firearms safety training program in  Effective 07/01/2019 the last five years.  See Attorney General’s FAQs

 Training as Required by I-1639, Section 3:  Who is responsible for certifying training meets the requirements of I-1639?  Will there be a standardized certificate?  Can prior training be retroactively applied?  Will a list of recognized programs be provided to citizens?

REQUIREMENT: NOTES:  Initiative 1639, Section 3  DOL may require the (page 8) dealer to charge $25.  Changes RCW 9.41.090  DOL rulemaking process.  Effective 07/01/2019

REQUIREMENT: NOTES:  Initiative 1639, Section 3  Enables the state to (page 3) establish a "single point" firearms background  Changes RCW 9.41.090 system, but does not require it.  Effective 07/01/2019  See SHB 1949.

REQUIREMENT: NOTES:  Initiative 1639, Section 5  Creates criminal liability for (page 10) not storing firearms safely, with exemptions if there is  Adds RCW 9.41.360 secure gun storage or a trigger lock used, or if in  Effective 07/01/2019 self-defense. Also, there is no criminal act if theft of firearm is reported to law enforcement within 5 days.

REQUIREMENT: NOTES:  Initiative 1639, Section 6  Requires FFLs to offer a (page 11) storage device or trigger lock to purchase/transfer of  Adds RCW 9.41.365 any firearm, and warning signs conspicuously posted  Effective 07/01/2019

REQUIREMENT: NOTES:  Initiative 1639, Section 15  Requires DOL to coordinate with WSP and local (page 23) departments to, within 12 months of effective date,  Adds new section to RCW develop process to verify 9.41 owners of pistols and semiautomatic assault rifles  Effective within 12 months remain eligible, and notify of the effective date of this local law enforcement, and section. they are to "take steps" if not eligible .

REQUIREMENT: NOTES: Except as otherwise provided   Initiative 1639, Section 4 in this chapter, a licensed (Page 9) dealer may not deliver a semiautomatic assault rifle to a purchaser or transferee until  Changes RCW 9.41.092 ten business days have elapsed from the date of the purchase application or, in the  Effective 07/01/2019 case of a transfer, ten business days have elapsed from the date a background check is initiated.  See Attorney General's FAQs

The impact to local law enforcement records staff is likely to be  substantial. Local law enforcement will be responsible for completing background checks on all handgun purchases and semiautomatic assault rifles on July 1, 2019. Command Staff, please be sure to share information you receive  regarding the NICS change and I-1639 with your records folks. They may not be receiving this information from another source. There is no single agency/entity providing  information/training/clarification on I-1639. There are questions relative to I-1639 that do not have answers.  It is unlikely that the bill to repeal I-1639 will go anywhere. It is unlikely  that the court challenges to I-16396 will be resolved prior to July 1, 2019.