HB 1705 — Concerning ghost guns.

ENGROSSEDH-1878.2 SUBSTITUTE HOUSE BILL 1705 State of Washington 67th Legislature 2022 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Berry, Valdez, Ryu, Fitzgibbon, Berg, Bateman, Duerr, Walen, Callan, Davis, Taylor, Macri, Peterson, Ramel, Ramos, Santos, Senn, Simmons, Slatter, Bergquist, Tharinger, Pollet, Frame, Harris-Harris-Talley, Talley, Hackney, and Kloba)Kloba READPrefiled FIRST12/27/21. TIME 01/24/22.

Read first time 01/10/22.

Referred to Committee on Civil Rights & Judiciary.

creating a new section;

NEW SECTION.

The legislature finds that ghost guns are untraceable and unregulated firearms that lack a unique serial number that would allow them to be traced to a specific manufacturer, dealer, and purchaser.

The absence of a serial number on ghost guns undermines the ability of law enforcement to identify individuals who have used such guns in the commission of a crime, which incentivizes the use of ghost guns in criminal acts, makes it easier for criminals to evade detection and employ lethal force, and endangers public safety.

The legislature further finds that ghost guns are often manufactured or assembled by unlicensed individuals who could not p.

1 HB 1705 pass a background check and lawfully obtain a firearm, and that such individuals often purchase unfinished frames or receivers (also known as 80 percent receivers) and build-it-yourself ghost gun kits from unregulated online sellers, in retail stores, and at gun shows.

Such kits typically contain all the parts, tools, and instructions needed to assemble a ghost gun, and are designed to enable untrained individuals to readily assemble ghost guns with common household tools in a matter of hours, regardless of whether that individual could lawfully purchase or obtain a firearm.

The legislature further finds the proliferation of ghost guns, ghost gun kits, and untraceable unfinished frames and receivers threatens public safety.

Nationwide, the bureau of alcohol, tobacco, firearms, and explosives reported that about 10,000 ghost guns were recovered in 2019.

Between 2016 and 2020, more than 23,000 unserialized firearms were recovered by law enforcement from potential crime scenes, including 325 homicide or attempted homicide crime scenes.

Nationally, untraceable ghost guns have been used to perpetrate mass shootings, attack law enforcement officers, and commit robbery and assault.

Ghost guns are becoming increasingly prevalent throughout the west coast and across the United States.

The legislature further finds that Washington currently imposes few restrictions on untraceable firearms and concludes Washington law must be updated to limit the spread of ghost guns and mitigate the harms caused by these weapons.

The legislature intends this act to be interpreted in a manner consistent with existing federal firearm laws and regulations, and proposed federal rule 2021R-05, updating 27 C.F.R.

Parts 447, 478, and 479, published in the federal register (Vol.

86, No.

97) on May 21, 2021.

Sec.

2.

(a) The maximum penalty and the default amount for a class 1 civil infraction shall be ((two hundred fifty dollars)) $250, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified in RCW 70A.200.060(4) or violent video or computer games under RCW 9.91.180, in which case the maximum penalty and default amount is ((five hundredp. dollars)) $500;

or2 (ii)HB a1705 person'shundred refusaldollars)) to$500; submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700, in which p.

1or ESHB(ii) 1705a person's refusal to submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700, in which case the maximum penalty and default amount is ((one thousand dollars)) $1,000;

or (iv) untraceable firearms pursuant to section 45 of this act or unfinished frames or receivers pursuant to section 56 of this act, in which case the maximum penalty and default amount is $500;

2.3.

(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer p.

23 ESHBHB 1705 manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearmsp. for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

p.4 HB 1705 firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

3 ESHB 1705 (((7))) (8) "Family or household member" has the same meaning as in RCW 7.105.010.

Any such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, p.

45 ESHBHB 1705 such part identified with a serial number shall be presumed, absent an official determination by the bureau of alcohol, tobacco, firearms, and explosives or other reliable evidence to the contrary, to be a frame or receiver.

(((19))) (24) "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 p.

56 ESHBHB 1705 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.

1101(a)(15).1101 (a)(15).

67 ESHBHB 1705 (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

78 ESHBHB 1705 through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once finished or completed,completed. including without limitation products marketed or sold to the public as an 80 percent frame or receiver or unfinished frame or receiver.