Initiative Measure No. 1639

Washington Ballot Measure - measure

Election: Nov. 6, 2018 (General)

Outcome: Passed

Categories:

Guns

Summary


This measure would change state laws regarding firearms. Some of these changes would relate only to semiautomatic assault rifles, as defined. Other changes would apply to other types of firearms as well.

The initiative defines a "semiautomatic assault rifle" to mean: 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.

The initiative defines semiautomatic assault rifles not to include antique firearms, permanently inoperable firearms, or any firearm that is manually operated by bolt, pump, lever, or slide action.

This initiative would add new requirements for the purchase of a semiautomatic assault rifle. Buyers would be required to provide proof that they have completed a recognized firearm safety training program within the past five years. That training program must include instruction on:
-Basic firearms safety rules;
-Firearms and children, including secure gun storage and talking to children about gun safety;
-Firearms and suicide prevention;
-Secure gun storage to prevent unauthorized access and use;
-Safe handling of firearms; and
- State and federal firearms laws, including prohibited firearms transfers.

This initiative would make it illegal for a person under 21 years of age to buy a pistol or semiautomatic assault rifle. It would make it illegal for any person to sell or transfer a semiautomatic assault rifle to a person under age 21. The initiative would prohibit a person between the ages of 18 and 21 from possessing a semiautomatic assault rifle except in the person's residence, fixed place of business, on real property under his or her control, or for other specified purposes.

The initiative would require a dealer to wait at least 10 days before delivering a semiautomatic assault rifle to a buyer. It would also prohibit anyone who is not a resident of Washington from buying a semiautomatic assault rifle in Washington.

The initiative would change some laws that currently apply only to pistols and apply them to both pistols and semiautomatic assault rifles. These include restrictions on delivery when a buyer has an outstanding warrant for his or her arrest. This would also be true for situations in which certain charges or proceedings are pending. Background check and record keeping requirements that currently apply only to the purchase of pistols would also apply to the purchase of semiautomatic assault rifles. The same requirements for collecting and maintaining information on purchases of pistols would apply to purchases of semiautomatic assault rifles.

The initiative would require a new warning on application forms for the purchase of a pistol or semiautomatic assault rifle. This new warning would read: CAUTION: The presence of a firearm in the home has been associated with an increased risk of suicide, death during domestic violence incidents, and unintentional deaths to children and others.

The initiative would allow the state to impose a fee of up to $25 on each purchaser of a semiautomatic assault rifle. This fee would be used to offset certain costs of implementing the initiative. The fee would be adjusted for inflation.

The initiative would create new criminal offenses for the unsafe storage of a firearm if a person who cannot legally possess a firearm gets it and uses it in specified ways. These crimes would apply to a person who stores or leaves a firearm in a place where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm. Failure to securely store a firearm would only be a crime if certain other events happen. A person who fails to securely store a firearm would be guilty of a felony if a person who is legally ineligible to possess a firearm uses it to cause personal injury or death. A person who fails to securely store a firearm would be guilty of a gross misdemeanor if a person who is legally ineligible to possess a firearm discharges it, uses it in a way that shows intent to intimidate someone or that warrants alarm for the safety of others, or uses the firearm in the commission of a crime.

The initiative would not mandate how or where a firearm must be stored. But it would provide that the crimes regarding unsecure storage would sometimes not apply. Those crimes would not apply if the firearm was in secure gun storage, meaning a locked box, gun safe, or other locked storage space that is designed to prevent unauthorized use or discharge of a firearm. The crimes also would not apply if the firearm was secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm. The crimes would not apply if the person who gets the firearm is ineligible to possess it because of age but the access is with parental permission and under adult supervision. The crimes would not apply in cases of self-defense. Finally, the crimes would not apply if the person who is ineligible to possess a firearm obtains it through unlawful entry, if the unauthorized access or theft is reported to law enforcement within five days of the time the victim knew or should have known that the firearm had been taken.

The initiative would require every firearm dealer to offer to sell or give the purchaser or transferee of any firearm a secure gun storage device or trigger lock. It would also require every store, shop, or sales outlet where firearms are sold to post a warning sign advising buyers that they may face criminal prosecution if they store or leave an unsecured firearm where a person prohibited from possessing the firearm can get it. A similar written warning must be delivered to firearm buyers and transferees. Violation of these requirements would be a civil infraction.

Finally, the initiative would require the development of a cost-effective and efficient process to verify that people who have acquired pistols or semiautomatic assault rifles remain eligible to possess a firearm under state and federal law. This process would provide for notice to local chiefs of police and sheriffs to take steps to ensure that persons legally ineligible to possess firearms are not illegally in possession of firearms.

Measure Text


This measure would require increased background checks, training, age limitations, and waiting periods for sales or delivery of semiautomatic assault rifles; criminalize noncompliant storage upon unauthorized use; allow fees; and enact other provisions.

Should this measure be enacted into law?

Yes ( ) No ( )

Resources


Official Summary

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