So here's what Butt-Wipe Bob (AG Ferguson) had the Code Revisor's Office, a couple of his pet Ambulance Chasers and a couple crooked State Senators put together...
Yep, it's this bad, folks--the Code Wonks are openly talking about CA as a goal, and there was even a proposal seen in Whitney's FOIA request to just rubberstamp CA's crap in realtime including "approved rosters."
------------------------------------------------------------------------------
AN ACT Relating to assault weapons and large capacity magazines; amending RCW 9.41.010; reenacting and amending RCW 9.94A.515; and adding a new section to chapter 9.41 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.41.010 and 2015 c 1 s 2 (Initiative Measure No. 594) are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(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 manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(3) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an
attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the
first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second
degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first
degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(4) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a
federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms
license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of 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.
(5) "Family or household member" means "family" or "householdmember" as used in RCW 10.99.020.
(6) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony
offense under the laws of this state.
(7) "Felony firearm offender" means a person who has previously been convicted or found not guilty by reason of insanity in this
state of any felony firearm offense. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based
on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding
of innocence.
(8) "Felony firearm offense" means:
(a) Any felony offense that is a violation of this chapter;
(b) A violation of RCW 9A.36.045;
(c) A violation of RCW 9A.56.300;
(d) A violation of RCW 9A.56.310;
(e) Any felony offense if the offender was armed with a firearm
in the commission of the offense.
(9) "Firearm" means a weapon or device from which a projectile
or projectiles may be fired by an explosive such as gunpowder.
(10) "Gun" has the same meaning as firearm.
(11) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially
commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority
Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed
pistol.
(12) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
(13) "Licensed dealer" means a person who is federally licensed under 18 U.S.C. Sec. 923(a).
(14) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(15) "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 which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(16) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
(17) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.
(18) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(19) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or
redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
(20) "Sale" and "sell" mean the actual approval of the delivery of a firearm in consideration of payment or promise of payment.
(21) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now
existing or hereafter amended:
(a) Any crime of violence;
(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;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of
intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
Any other felony with a deadly weapon verdict under RCW 9.94A.825;
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense; or
(p) Any felony conviction under RCW 9.41.115.
(22) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from
a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(23) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(24) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(25) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of
payment including, but not limited to, gifts and loans.
(26) "Unlicensed person" means any person who is not a licensed dealer under this chapter.
(27) "Assault weapon" means:
(a) A semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following:
(i) A pistol grip or thumbhole stock;
(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;
(iii) A folding or telescoping stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel;
(b) A semiautomatic pistol, or a semiautomatic, centerfire, or rimfire rifle with a fixed magazine, that has the capacity to accept
more than ten rounds of ammunition;
(c) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;
(ii) A folding stock, telescoping stock, or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel; or
(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip;
(d) A semiautomatic shotgun that has one or more of the following:
(i) A pistol grip or thumbhole stock;
(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;
(iii) A folding or telescoping stock;
(iv) A fixed magazine capacity in excess of five rounds; or
(v) An ability to accept a detachable magazine;
(e) A shotgun with a revolving cylinder; or
(f) A conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
"Assault weapon" 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.
(28) "Detachable magazine" means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.
(29) "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than ten rounds of
ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in the possession or under the control of the same person, but shall not be construed to include any of the following:
(a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than ten rounds of ammunition;
(b) A twenty-two caliber tube ammunition feeding device; or
(c) A tubular magazine that is contained in a lever-action firearm.
NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:
(1) No person in this state may manufacture, possess, purchase, sell, or otherwise transfer any assault weapon or large capacity magazine except as authorized in this section.
(2) Subsection (1) of this section does not apply to any of the following:
(a) The possession of an assault weapon or large capacity magazine by a person who legally possessed the assault weapon or large capacity magazine prior toon the effective date of this section, or possession of an assault weapon or large capacity
magazine by a person who, on or after the effective date of this section, acquires possession of the assault weapon or large capacity magazine by operation of law upon the death of the former owner who was in legal possession of the assault weapon or large capacity magazine. Provided the person in possession of the assault weapon or large capacity magazine can establish such provenance. A person who legally possesses an assault weapon or large capacity magazine under this subsection (2)(a) may not sell or transfer the assault weapon to any other person in this state other than to a licensed dealer, to a federally licensed gun smith for the purpose of service or repair, or to a law enforcement agency for the purpose of
permanently relinquishing the assault weapon or large capacity magazine;
(b) Any government officer, agent, or employee, member of the armed forces of the United States or the state of Washington, or law enforcement officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of his or her duties;
(c) The manufacture and sale or transfer of an assault weapon or large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees;
(d) The possession and sale or transfer of an assault weapon or large capacity magazine by a dealer that is properly licensed under
federal and state law to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement
agency in this state for use by that agency or its employees for law enforcement purposes;
(e) The possession and sale or transfer of an assault weapon or large capacity magazine by a dealer that is properly licensed under
federal and state law where the dealer acquires the assault weapon or large capacity magazine from a person legally authorized to
possess or transfer the assault weapon or large capacity magazine under (a) of this subsection for the purpose of selling or
transferring the assault weapon or large capacity magazine to a person who does not reside in this state;
(f) The transfer to and possession of a legally possessed assault weapon or large capacity magazine by a federally licensed
gunsmith for the purposes of service or repair, and the return of the assault weapon or large capacity magazine to the lawful owner; and
(g) The possession and transport of an unloaded assault weapon for the purpose of permanently relinquishing it to a law enforcement agency in this state. An assault weapon relinquished to a law enforcement agency under this subsection must be destroyed.
(3) A person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
Sec. 3. RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
[Levels IV to XVI snipped]
III Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Custodial Assault (RCW 9A.36.100)
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, Possess, Purchase, Sell, Transfer of Assault Weapon or Large Capacity Magazine (section 2 of this act)
[remainder of Level III, and Levels I and II, snipped]
--- END ---
