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

Firearms Changes July 1, 2019

Legislative 1639 NICS

NICS Local Law Enforcement

Other (Frames, Receivers, Etc.)

NICS Local Law 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

NICS FFL LLE Purchaser July 1, 2019 Current Process

Handgun purchase w/ CPL Initiate NICS courtesy check Process sale NICS denial No sale Initiate LLE background check Process LLE background check LLE denial Process NICS courtesy check Notify FFL of denial No LLE denial Purchaser may receive handgun prior to LLE background completion Generally, No Notification to FFL Handgun purchase w/ CPL Initiate NICS check No NICS denial NICS denial No sale Initiate background check Process LLE background check LLE denial Process NICS check No LLE denial Purchaser receives handgun No NICS denial Notify FFL of denial Proceed Notification to FFL Receive results from NICS check Continue LLE background Purchaser receives handgun If no background response within 10* days may process sale (9.41.092) If no background response within 10* days may process sale (9.41.092)

This demonstration does not reflect delayed or subsequent denials

Handgun Purchase without CPL

NICS FFL LLE Purchaser July 1, 2019 Current Process

Handgun purchase Initiate NICS check No NICS denial NICS denial No sale Initiate background check Process LLE background check LLE denial Process NICS check No LLE denial Purchaser receives handgun If no background response within 10* days may process sale (9.41.092) Notify FFL of denial Proceed Notification to FFL Receive results from NICS check Continue LLE background

No change No change No change No change

This demonstration does not reflect delayed or subsequent denials

Long Gun (no SAR) Purchase

NICS FFL LLE Purchaser July 1, 2019 Current Process

Long gun purchase Initiate NICS courtesy check Process sale NICS denial No sale Process NICS courtesy check No NICS denial Purchaser receives long gun

No change No change No change

If no background response within 10* days may process sale (9.41.092)

This demonstration does not reflect delayed or subsequent denials

Other (Frames, Receivers, Etc.)

Other (Frames, Receivers, Etc.)

 Public Safety  Constitutional Rights  Law Enforcement

Resources

 Managing Priorities  Costs  Statutes v. Reality

 10 Day Clock with

default to proceed on the 10th day.

1Intent 2Short Title 3Enhanced Background Checks 4Waiting Period 5Secure Gun Storage 6Availability 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. 10 9.41.110, Dealer's licenses, by whom granted, conditions, fees—Employees, fingerprinting and background checks—Wholesale sales excepted—Permits prohibited. 119.41.113, Firearm sales or transfers—Background checks—Requirements—Exceptions. 129.41.124, Purchasing by nonresidents. 139.41.240, Possession of pistol by person from eighteen to twenty-one. 149.41.129, Recordkeeping requirements. 15New Section to Chapter 9.41 RCW, annual eligibility verification 169.41.010, 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:

 Initiative 1639, Section 16

(page 23)

 Changes RCW 9.41.010  Effective 07/01/2019

NOTES:

 Departments will need to

conduct background checks for newly-defined semiautomatic assault rifles (same process as handguns)

Semi Automatic Rifle Purchase (as defined by 1639)

NICS FFL LLE Purchaser July 1, 2019 Current Process

SAR purchase Initiate NICS courtesy check Process sale NICS denial No sale Process NICS courtesy check SAR purchase Initiate NICS check No NICS denial NICS denial No sale Initiate background check Process LLE background check LLE denial Process NICS check No LLE denial Purchaser receives SAR No NICS denial Notify FFL of denial Proceed Notification to FFL Receive results from NICS check Continue LLE background Purchaser receives long gun Statutory 10 days waiting period (9.41.092) If no background response within 10* days may process sale (9.41.092)

This demonstration does not reflect delayed or subsequent denials

REQUIREMENT:

 Initiative 1639, Section 13

(page 22)

 Changes RCW 9.41.240  Effective 01/01/2019

NOTES:



A person under twenty-one years of age may not purchase a pistol or semiautomatic assault rifle.



A person 18-21 years of age may possess a semiautomatic assault rifle in persons place of abode; fixed place of business; on property under his/her control;

• r moving/transferring.

REQUIREMENT:

 Initiative 1639, Section 3

(page 3)

 Changes RCW 9.41.090  Effective 07/01/2019

NOTES:

 No semiautomatic assault

rifle may be delivered unless proof is provided of a recognized firearms safety training program in 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:

 Initiative 1639, Section 3

(page 8)

 Changes RCW 9.41.090  Effective 07/01/2019

NOTES:

 DOL may require the

dealer to charge $25.

 DOL rulemaking process.

REQUIREMENT:

 Initiative 1639, Section 3

(page 3)

 Changes RCW 9.41.090  Effective 07/01/2019

NOTES:

 Enables the state to

establish a "single point" firearms background system, but does not require it.

 See SHB 1949.

REQUIREMENT:

 Initiative 1639, Section 5

(page 10)

 Adds RCW 9.41.360  Effective 07/01/2019

NOTES:

 Creates criminal liability for

not storing firearms safely, with exemptions if there is secure gun storage or a trigger lock used, or if in self-defense. Also, there is no criminal act if theft of firearm is reported to law enforcement within 5 days.

REQUIREMENT:

 Initiative 1639, Section 6

(page 11)

 Adds RCW 9.41.365  Effective 07/01/2019

NOTES:

 Requires FFLs to offer a

storage device or trigger lock to purchase/transfer of any firearm, and warning signs conspicuously posted

REQUIREMENT:

 Initiative 1639, Section 15

(page 23)

 Adds new section to RCW

9.41

 Effective within 12 months

• f the effective date of this

section.

NOTES:

 Requires DOL to coordinate

with WSP and local departments to, within 12 months of effective date, develop process to verify

• wners of pistols and

semiautomatic assault rifles remain eligible, and notify local law enforcement, and they are to "take steps" if not eligible .

REQUIREMENT:

 Initiative 1639, Section 4

(Page 9)

 Changes RCW 9.41.092  Effective 07/01/2019

NOTES:



Except as otherwise provided in this chapter, a licensed dealer may not deliver a semiautomatic assault rifle to a purchaser or transferee until ten business days have elapsed from the date of the purchase application or, in the 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.



SHB 1949 calls for a feasibility study to examine and make recommendations regarding the establishment of a single point of contact firearm background check system. I-1639 enables the state to establish a single point system; however, does not require it.



The NICS fix bill to address the discontinuation of NICS courtesy checks for Handgun w/CPL purchase is HB 1465.



The process for the annual verification of eligibility (section 15 of I-1639) is effective within 12 months of the effective date of the section (July 1, 2019). DOL is to develop the process. DOL is working through other aspects of I-1639 immediately and will then focus on section 15.



DOL may require FFLs to charge a $25 fee on semiautomatic assault rifle purchases/transfers to offset administrative costs. The allocation of these funds will occur through general fund

• allocation. Those in attendance at the meeting expressed a need for local law enforcement to

receive a portion of those funds. FEE UP TO $25



DOL is reviewing the pistol transfer application. They may revise the pistol transfer form to include semiautomatic assault rifles or create a new form for this category of transfer. VIDEO COMING SOON



There is generally no ability to track background requests to local law enforcement agencies. An FFL can submit a request to local law enforcement; however, there is generally no mechanism to issue a received receipt.



Dealer LISTSERV: http://listserv.dol.wa.gov/scripts/wa-DOLWA.exe?SUBED1=DOL-FIREARM-DEALERS&A=1| THIS LINK IS TO SUBSCRIBE OR UNSUBSCRIBE TO THE DOL-FIREARM-DEALER LISTSERV TO RECEIVE UPDATES AND MESSAGES FROM DOL. At the bottom of the page click on SUBSCRIBE (DOL-FIREARM-DEALERS) to start the process.



LEA LISTSERV: http://listserv.dol.wa.gov/scripts/wa-DOLWA.exe?SUBED1=DOL-FIREARM-LAW-ENFORCE- AGENCIES&A=1 THIS LINK IS TO SUBSCRIBE TO DOL-LAW-ENFORCE-AGENCIES LISTSERV IN ORDER TO RECEIVE UPDATES AND MESSAGES FROM DOL. At the bottom of the page click on SUBSCRIBE (DOL-FIREARM-LAW-ENFORCE-AGENCIES) to start the process of subscribing.

 Initiative 1639:

https://www.sos.wa.gov/_assets/elections/initiatives/fi naltext_1531.pdf

 WA Attorney General FAQs:

http://www.atg.wa.gov/initiative-1639

 WA Department of Licensing (Firearms):

https://www.dol.wa.gov/business/firearms/index.html

 WA State Patrol (Access):

http://www.wsp.wa.gov/_secured/access/access.htm

NICS SAR 1639

Background Check

$25 Training 10 Days Long Gun

Single Point

Pistol