Initiative 1639 and Your Rights. Now What?
Initiative 1639 imposes a litany of new restrictions on the purchase and ownership of firearms. These restrictions include background checks and waiting periods for purchasing semiautomatic assault rifles. This new legislation provides a new statutory definition of “assault rifle.” The initiative also increases the minimum age to buy semiautomatic assault rifles to 21. The measure also establishes requirements for storage of all firearms. Section 13 of the measure, which would establish age requirements is designed to take effect on January 1, 2019. The rest of the measure's provisions will take effect on July 1, 2019.
Definition of Semiautomatic Assault Rifle
According to the I-1639, semiautomatic assault rifle will be defined as:
Any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. "Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
Background Checks and Firearm Purchase Requirements
Under the measure, no dealer can deliver a semiautomatic assault rifle to a purchaser until:
FIRST: The purchaser provides proof that they have completed a recognized firearm safety training program in the last five years including instruction on basic firearm safety, secure gun storage, the safety of children and firearms, suicide prevention, safe handling, and state and federal firearm law; and
SECOND: The dealer is notified in writing by the chief of police or sheriff in the jurisdiction of the purchaser's residence that the purchaser is eligible to own a firearm and that the application to purchase is approved. Under the measure, the chief of police or sheriff must use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act and other databases and information centers to determine whether a person is eligible to possess a firearm.
Initiative 1639 expands the background checks typically reserved only for handguns to the purchase of semiautomatic rifles as well. Consequently, a dealer cannot deliver a pistol OR semiautomatic rifle to anyone where:
- The applicant has an outstanding warrant for their arrest from any court for a felony or misdemeanor, a dealer must hold the delivery of pistols and semiautomatic assault rifles until the warrant is served and satisfied by a court appearance.
- A police chief or sheriff has reasonable grounds based on open criminal charges, pending criminal proceedings, or outstanding warrants, and if the records have not been reported or entered sufficiently to determine whether or not the person is eligible to purchase a firearm, the local jurisdiction or state may hold the sale and delivery of a firearm for up to thirty (30) days to verify records.
An applicant for the purchase of a firearm must sign and deliver an application to the dealer which includes the applicant's name, address, date of birth, race, gender, driver's license number or state ID number, a description of the firearm and the manufacturer's number.
Recognized Firearm Safety Training Program
Initiative 1639 will now require that any purchaser of a semiautomatic rifle complete a "Recognized Safety Training Program." What that means is anyone's guess at the current time. However, this newly passed law requires that the class curriculum include:
1. Basic firearm safety
2. Children and firearms, including safe storage and talking to kids about gun safety
3. Firearms and suicide prevention
4. Secured storage and how to prevent unauthorized access and use
5. Safe handling of firearms, and;
6. State and federal firearm laws including prohibited firearms transfers.
I-1639 requires the application to purchase a firearm include the following warning:
CAUTION: The presence of a firearm in the home has been associated with an increased risk of death to self and others, including an increased risk of suicide, death during domestic violence incidents, and unintentional deaths to children and others.
Under Washington law, a signed application to purchase a pistol constitutes a waiver of confidentiality so that any court or law enforcement agency may request a mental health institution or other health care facility to release information relevant to a person's eligibility to purchase a pistol. I-1639 now expands this provision to include the applications for and purchase of semiautomatic assault rifles.
Firearm Purchase Fee
Under the measure, the department of licensing could require the dealer to charge each purchaser or transferee a fee of not more than $25.00 to fund the state, mental health institutions, and local law enforcement for the cost of meeting their obligations under the measure.
I-1639 forbids firearms dealers from delivering a semiautomatic assault rifle to a purchaser until ten business days have passed from the date of the application for purchase.
Firearm Storage Requirements
Under I-1639, a person who leaves a firearm in a place where a prohibited person (someone who is prohibited from firearm possession under state or federal law) could potentially gain access to the firearm will be guilty of community endangerment, a class C felony, if a prohibited person gained access to the firearm. This new law also mandates that when selling a firearm, every dealer will be required to offer to sell or give the purchaser a gun storage device such as a trigger lock designed to stop unauthorized use of the firearm. Additionally, every place where firearms are sold will be required to display the following sign, in block letters (capitalized) and at least one inch in height:
WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION.
Under the measure, violators would be guilty of a class 1 civil infraction and could have been fined up to $250.
With the passage of I-1639, a person under 21 years of age will no longer be able to purchase a pistol OR semiautomatic assault rifle. Persons between the ages of 18-21 will only be able to possess a pistol or semiautomatic assault rifle under the following conditions:
- in the person's residence,
- in the person's fixed place of business,
- on real property under the person's control,
- or for the specific purpose of moving to a new place of residence, traveling to and from the allowed locations, and selling or transferring the firearm in accordance with other provisions.
What This All Means to You. Learn Today on Washington Gun Law TV.
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