HB 1122 — Protecting public safety through responsible storage of firearms.

H-3838.1SECONDH-0753.2HOUSE SUBSTITUTE HOUSE BILL 1122State of Washington65th Legislature2018Legislature2017 Regular SessionBy House Judiciary (originally sponsored by Representatives Kagi, Jinkins, Cody, Robinson, Gregerson, Ryu, Ortiz-Self, Fitzgibbon, Farrell, Tharinger, Doglio, Dolan, Frame, Tarleton, Appleton, Springer, Lytton, Chapman, Stanford, Peterson, Ormsby, McBride, Fey, Kloba, Senn, Sells, Kilduff, Santos, Riccelli, Bergquist, and Goodman)READGoodmanRead FIRSTfirst TIMEtime 01/22/18.AN01/11/17. ACT Relating to protecting public safety through responsible storage of firearms;

amendingReferred RCWto 9A.36.050;Committee on Judiciary.AN ACT Relating to protecting public safety through responsible storage of firearms;

adding a new sectionsections to chapter 9.41 RCW;

and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  The legislature finds that responsible firearm ownership includes the responsibility to safely store firearms so that children and other persons prohibited from possessing firearms do not inappropriately gain access to them.

The legislature intends by this act to establish standards for the responsible storage of firearms to reduce accidental gun injury and death of young children gaining access to unsafely stored guns, to reduce adolescent suicide, and to prevent youth and anyone prohibited from possessing firearms from accessing unsafely stored firearms to cause harm in the community.Sec. 2.  RCWcommunity.NEW 9A.36.050SECTION.  Sec. 2.  A andnew 1997section cis 338added sto 45chapter are9.41 eachRCW amended to read as follows:(1) A person iswho guiltystores ofor recklessleaves endangermenta whenfirearm hein ora shelocation recklesslywhere engagesthe inperson conductknows, notor amountingreasonably toshould drive-byknow, shooting but that creates a substantialprohibited riskperson ofis deathlikely or serious physical injury to anothergain person.(2)access:(a) ExceptIs as provided in subsection (4) of this section, a person is guilty of recklesscommunity endangerment whendue heto orunsafe shestorage leavesof or stores a firearm in a location where the personfirst knowsdegree orif reasonably should know that a childprohibited isperson likelyobtains toaccess gain access, and the child does gain possession of the firearm and:(a)and Causescauses physicalpersonal harminjury or death with the firearm;

or(b) DisplaysIs theguilty of community endangerment due to unsafe storage of a firearm in athe publicsecond place,degree orif ina anprohibited angryperson orobtains threateningaccess manner,and orpossession usesof the firearm inand:(i) Causes the commissionfirearm ofto adischarge;(ii) crime.(3)Exhibits Recklessthe endangermentfirearm underin subsectiona (1)public place or (2)(b)in ofan thisangry, sectionthreatening, isor acareless grossmanner; misdemeanor.

Recklessor(iii) Uses the firearm in the commission of a crime.(2)(a) Community endangerment underdue subsectionto (2)(a)unsafe storage of thisa sectionfirearm in the first degree is a class C felony.(4)(a)felony punishable according to chapter 9A.20 RCW.(b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW.(3) Subsection (2)(1) of this section does not apply if:(i)if:(a) The firearm is secured in a locked box, gun safe, other secure locked storage space, or secured with a lock or any device that prevents the firearm from discharging;(ii)discharging;(b) AccessIn the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the child'sprohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;(iii)9.41.042; The child's access to the firearm was obtained as a result of an unlawful entry;

or(iv)or(c) The childprohibited person obtains, or obtains and discharges the firearm in a lawful act of self-defense.(b)self-defense.(4) If a death or serious injury occurs as a result of an alleged violation of subsection (2)(a)(1)(a) of this section, such as in the case of a parent who loses a child to suicide by means of a firearm, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the purpose of the law in question, or would result in decreased respect for the law.(5) For the purposes of this section, "child""prohibited person" means a person who is prohibited from possessing a firearm under theRCW age9.41.040 ofor eighteenunder years.(6)federal law.(6) Nothing in this section mandates how or where a firearm must be stored.NEW SECTION.  Sec. 3.  A new section is added to chapter 9.41 RCW to read as follows:(1) When selling any firearm, every dealer shall offer to sell or give the purchaser a locked box, a lock, or a device that prevents the firearm from discharging.(2) Every store, shop, or sales outlet where firearms are sold, that is registered as a dealer in firearms with the department of licensing, shall conspicuously post, in a prominent location so that all patrons may take notice, the following warning sign, to be provided by the department of licensing, in block letters at least one inch in height:"YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A CHILDPERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION."(3) Every store, shop, or sales outlet where firearms are sold, that is registered as a dealer in firearms with the department of licensing, upon the sale or transfer of a firearm, shall deliver a written warning to the purchaser or transferee that states, in block letters not less than one-fourth inch in height:"YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A CHILDPERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION."(4) Every person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW and may be fined up to fifty dollars.