REVISED CODE OF WASHINGTON ANNOTATED
                        TITLE 9.  CRIMES AND PUNISHMENTS
                  CHAPTER 9.41.  FIREARMS AND DANGEROUS WEAPONS
                   Current through End of 1995 3rd Sp.Sess.

 9.41.070. Concealed pistol license--Application--Fee--Renewal

  (1) The chief of police of a municipality or the sheriff of a county shall
 within thirty days after the filing of an application of any person, issue a
 license to such person to carry a pistol concealed on his or her person within
 this state for five years from date of issue, for the purposes of protection or
 while engaged in business, sport, or while traveling.   However, if the
 applicant does not have a valid permanent Washington driver's license or
 Washington state identification card or has not been a resident of the state
 for the previous consecutive ninety days, the issuing authority shall have up
 to sixty days after the filing of the application to issue a license.  The
 issuing authority shall not refuse to accept completed applications for
 concealed pistol licenses during regular business hours.
  The applicant's constitutional right to bear arms shall not be denied, unless:
  (a) He or she is ineligible to possess a firearm under the provisions of
 RCW 9.41.040 or 9.41.045;
  (b) The applicant's concealed pistol license is in a revoked status;
  (c) He or she is under twenty-one years of age;
  (d) He or she is subject to a court order or injunction regarding firearms
 pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045,
 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130,
 26.26.137, 26.50.060, or 26.50.070;
  (e) He or she is free on bond or personal recognizance pending trial, appeal,
 or sentencing for a serious offense;
  (f) He or she has an outstanding warrant for his or her arrest from any court
 of competent jurisdiction for a felony or misdemeanor;
  (g) He or she has been ordered to forfeit a firearm under RCW
 9.41.098(1)(e) within one year before filing an application to carry a pistol
 concealed on his or her person;  or
  (h)(i) He or she has been convicted of any crime against a child or other
 person listed in RCW 43.43.830(5).
  (ii) Except as provided in (h)(iii) of this subsection, any person who becomes
 ineligible for a concealed pistol license as a result of a conviction for a
 crime listed in (h)(i) of this subsection and then successfully completes all
 terms of his or her sentence, as evidenced by a certificate of discharge issued
 under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and
 has not again been convicted of any crime and is not under indictment for any
 crime, may, one year or longer after such successful sentence completion,
 petition a court of record for a declaration that the person is no longer
 ineligible for a concealed pistol license under (h)(i) of this subsection.
  (iii) No person convicted of a serious offense as defined in RCW 9.41.010
 may have his or her right to possess firearms restored, unless the person has
 been granted relief from disabilities by the secretary of the treasury under
 18 U.S.C. Sec. 925(c), or RCW 9.41.040(3) or (4) applies.
  (2) The issuing authority shall check with the national crime information
 center, the Washington state patrol electronic data base, the department of
 social and health services electronic data base, and with other agencies or
 resources as appropriate, to determine whether the applicant is ineligible
 under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore
 ineligible for a concealed pistol license.  This subsection applies whether the
 applicant is applying for a new concealed pistol license or to renew a
 concealed pistol license.
  (3) Any person whose firearms rights have been restricted and who has been
 granted relief from disabilities by the secretary of the treasury under 18
 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall
 have his or her right to acquire, receive, transfer, ship, transport, carry,
 and possess firearms in accordance with Washington state law restored except as
 otherwise prohibited by this chapter.
  (4) The license application shall bear the full name, residential address,
 telephone number at the option of the applicant, date and place of birth, race,
 gender, description, not more than two complete sets of fingerprints, and
 signature of the licensee, and the licensee's driver's license number or state
 identification card number if used for identification in applying for the
 license.  A signed application for a concealed pistol license shall constitute
 a waiver of confidentiality and written request that the department of social
 and health services, mental health institutions, and other health care
 facilities release information relevant to the applicant's eligibility for a
 concealed pistol license to an inquiring court or law enforcement agency.
  The application for an original license shall include two complete sets of
 fingerprints to be forwarded to the Washington state patrol.
  The license and application shall contain a warning substantially as follows:
  CAUTION:  Although state and local laws do not differ, federal law and state
  law on the possession of firearms differ.  If you are prohibited by federal
  law from possessing a firearm, you may be prosecuted in federal court.  A
  state license is not a defense to a federal prosecution.
  The license shall contain a description of the major differences between state
 and federal law and an explanation of the fact that local laws and ordinances
 on firearms are preempted by state law and must be consistent with state law.
 The application shall contain questions about the applicant's eligibility
 under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and
 whether the applicant is a United States citizen.  The applicant shall not be
 required to produce a birth certificate or other evidence of citizenship.  A
 person who is not a citizen of the United States shall meet the additional
 requirements of RCW 9.41.170 and produce proof of compliance with RCW
 9.41.170 upon application.  The license shall be in triplicate and in a form to
 be prescribed by the department of licensing.
  The original thereof shall be delivered to the licensee, the duplicate shall
 within seven days be sent by registered mail to the director of licensing and
 the triplicate shall be preserved for six years, by the authority issuing the
 license.
  The department of licensing shall make available to law enforcement and
 corrections agencies, in an on-line format, all information received under this
 subsection.
  (5) The nonrefundable fee, paid upon application, for the original five-year
 license shall be thirty-six dollars plus additional charges imposed by the
 federal bureau of investigation that are passed on to the applicant.  No other
 state or local branch or unit of government may impose any additional charges
 on the applicant for the issuance of the license.
  The fee shall be distributed as follows:
  (a) Fifteen dollars shall be paid to the state general fund;
  (b) Four dollars shall be paid to the agency taking the fingerprints of the
 person licensed;
  (c) Fourteen dollars shall be paid to the issuing authority for the purpose of
 enforcing this chapter;  and
  (d) Three dollars to the firearms range account in the general fund.
  (6) The fee for the renewal of such license shall be thirty-two dollars.  No
 other branch or unit of government may impose any additional charges on the
 applicant for the renewal of the license.
  The renewal fee shall be distributed as follows:
  (a) Fifteen dollars shall be paid to the state general fund;
  (b) Fourteen dollars shall be paid to the issuing authority for the purpose of
 enforcing this chapter;  and
  (c) Three dollars to the firearms range account in the general fund.
  (7) The fee for replacement of lost or damaged licenses is ten dollars to be
 paid to the issuing authority.
  (8) Payment shall be by cash, check, or money order at the option of the
 applicant.  Additional methods of payment may be allowed at the option of the
 issuing authority.
  (9) A licensee may renew a license if the licensee applies for renewal within
 ninety days before or after the expiration date of the license.  A license so
 renewed shall take effect on the expiration date of the prior license.  A
 licensee renewing after the expiration date of the license must pay a late
 renewal penalty of ten dollars in addition to the renewal fee specified in
 subsection (6) of this section.   The fee shall be distributed as follows:
  (a) Three dollars shall be deposited in the state wildlife fund and used
 exclusively 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.  The pamphlet shall be given to each applicant for a license;  and
  (b) Seven dollars shall be paid to the issuing authority for the purpose of
 enforcing this chapter.
  (10) Notwithstanding the requirements of subsections (1) through (9) of this
 section, the chief of police of the municipality or the sheriff of the county
 of the applicant's residence may issue a temporary emergency license for good
 cause pending review under subsection (1) of this section.
  (11) A political subdivision of the state shall not modify the requirements of
 this section or chapter, nor may a political subdivision ask the applicant to
 voluntarily submit any information not required by this section.
  (12) A person who knowingly makes a false statement regarding citizenship or
 identity on an application for a concealed pistol license is guilty of false
 swearing under RCW 9A.72.040.  In addition to any other penalty provided for
 by law, the concealed pistol license of a person who knowingly makes a false
 statement shall be revoked, and the person shall be permanently ineligible for
 a concealed pistol license.
  (13) A person may apply for a concealed pistol license:
  (a) To the municipality or to the county in which the applicant resides if the
 applicant resides in a municipality;
  (b) To the county in which the applicant resides if the applicant resides in
 an unincorporated area;  or
  (c) Anywhere in the state if the applicant is a nonresident.

 9.41.075. Concealed pistol license--Revocation

  (1) The license shall be revoked by the license-issuing authority immediately
 upon:
  (a) Discovery by the issuing authority that the person was ineligible under
 RCW 9.41.070 for a concealed pistol license when applying for the license or
 license renewal;
  (b) Conviction of the licensee of an offense, or commitment of the licensee
 for mental health treatment, that makes a person ineligible under RCW
 9.41.040 to possess a firearm;
  (c) Conviction of the licensee for a third violation of this chapter within
 five calendar years;  or
  (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
  (2)(a) Unless the person may lawfully possess a pistol without a concealed
 pistol license, an ineligible person to whom a concealed pistol license was
 issued shall, within fourteen days of license revocation, lawfully transfer
 ownership of any pistol acquired while the person was in possession of the
 license.
  (b) Upon discovering a person issued a concealed pistol license was ineligible
 for the license, the issuing authority shall contact the department of
 licensing to determine whether the person purchased a pistol while in
 possession of the license.  If the person did purchase a pistol while in
 possession of the concealed pistol license, if the person may not lawfully
 possess a pistol without a concealed pistol license, the issuing authority
 shall require the person to present satisfactory evidence of having lawfully
 transferred ownership of the pistol.  The issuing authority shall require the
 person to produce the evidence within fifteen days of the revocation of the
 license.
  (3) When a licensee is ordered to forfeit a firearm under RCW
 9.41.098(1)(d), the issuing authority shall:
  (a) On the first forfeiture, revoke the license for one year;
  (b) On the second forfeiture, revoke the license for two years;  or
  (c) On the third or subsequent forfeiture, revoke the license for five years.
  Any person whose license is revoked as a result of a forfeiture of a firearm
 under RCW 9.41.098(1)(d) may not reapply for a new license until the end of
 the revocation period.
  (4) The issuing authority shall notify, in writing, the department of
 licensing of the revocation of a license.  The department of licensing shall
 record the revocation.

 9.41.090. Dealer deliveries regulated--Hold on delivery

  (1) In addition to the other requirements of this chapter, no dealer may
 deliver a pistol to the purchaser thereof until:
  (a) The purchaser produces a valid concealed pistol license and the dealer has
 recorded the purchaser's name, license number, and issuing agency, such record
 to be made in triplicate and processed as provided in subsection (5) of this
 section;
  (b) The dealer is notified in writing by the chief of police or the sheriff of
 the jurisdiction in which the purchaser resides that the purchaser is eligible
 to possess a pistol under RCW 9.41.040 and that the application to purchase
 is approved by the chief of police or sheriff;  or
  (c) Five business days, meaning days on which state offices are open, have
 elapsed from the time of receipt of the application for the purchase thereof as
 provided herein by the chief of police or sheriff designated in subsection (5)
 of this section, and, when delivered, the pistol shall be securely wrapped and
 shall be unloaded.  However, if the purchaser 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, the waiting
 period under this subsection (1)(c) shall be up to sixty days.
  (2)(a) Except as provided in (b) of this subsection, in determining whether
 the purchaser meets the requirements of RCW 9.41.040, the chief of police or
 sheriff, or the designee of either, shall check with the national crime
 information center, the Washington state patrol electronic data base, the
 department of social and health services electronic data base, and with other
 agencies or resources as appropriate, to determine whether the applicant is
 ineligible under RCW 9.41.040 to possess a firearm.
  (b) Once the system is established, a dealer shall use the national instant
 criminal background check system, provided for by the Brady Handgun Control
 Act (H.R. 1025, 103rd Cong., 1st Sess. (1993)), to make criminal background
 checks of applicants to purchase firearms.  However, a chief of police or
 sheriff, or a designee of either, shall continue to check the department of
 social and health services' electronic data base and with other agencies or
 resources as appropriate, to determine whether applicants are ineligible under
 RCW 9.41.040 to possess a firearm.
  (3) In any case under subsection (1)(c) of this section where the applicant
 has an outstanding warrant for his or her arrest from any court of competent
 jurisdiction for a felony or misdemeanor, the dealer shall hold the delivery of
 the pistol until the warrant for arrest is served and satisfied by appropriate
 court appearance.  The local jurisdiction for purposes of the sale shall
 confirm the existence of outstanding warrants within seventy-two hours after
 notification of the application to purchase a pistol is received.  The local
 jurisdiction shall also immediately confirm the satisfaction of the warrant on
 request of the dealer so that the hold may be released if the warrant was for
 an offense other than an offense making a person ineligible under RCW
 9.41.040 to possess a pistol.
  (4) In any case where the chief or sheriff of the local jurisdiction has
 reasonable grounds based on the following circumstances:   (a) Open criminal
 charges, (b) pending criminal proceedings, (c) pending commitment proceedings,
 (d) an outstanding warrant for an offense making a person ineligible under
 RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a
 person ineligible under RCW 9.41.040 to possess a pistol, if the records of
 disposition have not yet been reported or entered sufficiently to determine
 eligibility to purchase a pistol, the local jurisdiction may hold the sale and
 delivery of the pistol beyond five days up to thirty days in order to confirm
 existing records in this state or elsewhere.  After thirty days, the hold will
 be lifted unless an extension of the thirty days is approved by a local
 district court or municipal court for good cause shown.  An applicant shall be
 notified of each hold placed on the sale by local law enforcement and of any
 application to the court for additional hold period to confirm records or
 confirm the identity of the applicant.
  (5) At the time of applying for the purchase of a pistol, the purchaser shall
 sign in triplicate and deliver to the dealer an application containing his or
 her full name, street address, date and place of birth, race, and gender;  the
 date and hour of the application;  the applicant's driver's license number or
 state identification card number;  a description of the pistol including the
 make, model, caliber and manufacturer's number;  and a statement that the
 purchaser is eligible to possess a pistol under RCW 9.41.040.
  The application shall contain a warning substantially as follows:

  CAUTION:  Although state and local laws do not differ, federal law and state
  law on the possession of firearms differ.  If you are prohibited by federal
  law from possessing a firearm, you may be prosecuted in federal court.  State
  permission to purchase a firearm is not a defense to a federal prosecution.

 The purchaser shall be given a copy of the department of fish and wildlife
 pamphlet on the legal limits of the use of firearms, firearms safety, and the
 fact that local laws and ordinances on firearms are preempted by state law and
 must be consistent with state law.
  The dealer shall, by the end of the business day, sign and attach his or her
 address and deliver the original of the application and such other
 documentation as required under subsection (1) of this section to the chief of
 police of the municipality or the sheriff of the county of which the purchaser
 is a resident.  The dealer shall deliver the pistol to the purchaser following
 the period of time specified in this section unless the dealer is notified in
 writing by the chief of police of the municipality or the sheriff of the
 county, whichever is applicable, denying the purchaser's application to
 purchase and the grounds thereof.  The application shall not be denied unless
 the purchaser is not eligible to possess a pistol under RCW 9.41.040.
  The chief of police of the municipality or the sheriff of the county shall
 retain or destroy applications to purchase a pistol in accordance with the\
 requirements of 18 U.S.C. Sec. 922.
  (6) A person who knowingly makes a false statement regarding identity or
 eligibility requirements on the application to purchase a pistol is guilty of
 false swearing under RCW 9A.72.040.
  (7) This section does not apply to sales to licensed dealers for resale or to
 the sale of antique firearms.

 9.41.094. Waiver of confidentiality

  A signed application to purchase a pistol shall constitute a waiver of
 confidentiality and written request that the department of social and health
 services, mental health institutions, and other health care facilities release,
 to an inquiring court or law enforcement agency, information relevant to the
 applicant's eligibility to purchase a pistol to an inquiring court or law
 enforcement agency.

 9.41.097. Supplying information on persons purchasing pistols or applying
   for concealed pistol licenses

  (1) The department of social and health services, mental health institutions,
 and other health care facilities shall, upon request of a court or law
 enforcement agency, supply such relevant information as is necessary to
 determine the eligibility of a person to possess a pistol or to be issued a
 concealed pistol license under RCW 9.41.070 or to purchase a pistol under
 RCW 9.41.090.
  (2) Mental health information received by:  (a) The department of licensing
 pursuant to RCW 9.41.047 or 9.41.170;  (b) an issuing authority pursuant
 to RCW 9.41.047 or 9.41.070;  (c) a chief of police or sheriff pursuant
 to RCW 9.41.090 or 9.41.170;  (d) a court or law enforcement agency
 pursuant to subsection (1) of this section, shall not be disclosed except as
 provided in RCW 42.17.318.

 9.41.135. Verification of licenses and registration--Notice to federal
   government

  (1) At least once every twelve months, the department of licensing shall
 obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business
 premises in the state of Washington from the United States bureau of alcohol,
 tobacco, and firearms.  The department of licensing shall verify that all
 dealers on the list provided by the bureau of alcohol, tobacco, and firearms
 are licensed and registered as required by RCW 9.41.100.
  (2) At least once every twelve months, the department of licensing shall
 obtain from the department of revenue and the department of revenue shall
 transmit to the department of licensing a list of dealers registered with the
 department of revenue, and a list of dealers whose names and addresses were
 forwarded to the department of revenue by the department of licensing under
 RCW 9.41.110, who failed to register with the department of revenue as
 required by RCW 9.41.100.
  (3) At least once every twelve months, the department of licensing shall
 notify the bureau of alcohol, tobacco, and firearms of all dealers licensed
 under 18 U.S.C. Sec. 923(a) with business premises in the state of
 Washington who have not complied with the licensing or registration
 requirements of RCW 9.41.100.  In notifying the bureau of alcohol, tobacco,
 and firearms, the department of licensing shall not specify whether a
 particular dealer has failed to comply with licensing requirements or has
 failed to comply with registration requirements.