Oppose the Washington State Legislature's Background Checks Bill

Washington State’s law abiding gun owners, and the law abiding citizenry of the state in general, are better off without the onerous WA HB 1588.

Under current Washington State statutory law, the essence of what WA HB1588 purports to accomplish already exists, rendering HB 1588 unnecessary and burdensome upon law abiding citizens. If a private firearm sale without a background check occurs to a prohibited buyer under existing Washington State statutory law (and federal statute), both parties to the sale have committed a crime pursuant to this state’s existing statutes, as the following explains.

First, pursuant to state statute RCW 9.41.080 and federal statute 18 USC § 922(d), it is already the responsibility of a firearm seller to check the buyer's eligibility to own a firearm while conducting a private firearm sale. A private Washington State gun seller can do that easily under existing state law, by requiring the buyer to have a concealed pistol license, which is easy for legal gun owners to obtain (pursuant to RCW 9.41.070). It is the seller who would be criminally liable for selling a firearm to a prohibited person under the existing RCW 9.41.080 in Washington State.

That already existing responsibility upon a seller in a private firearm sale would continue to exist if WA HB 1588 were to be enacted, and that portion of the statute would remain the same.

Second, an ineligible buyer is already committing a separate felony crime under existing Washington State law pursuant to RCW 9.41.040 by even attempting to purchase a firearm. In other words, the existing Washington State firearms statutes already achieve what some legislators misguidedly believe needs to be made additionally restrictive to private firearm sales, for it to accomplish such goals.

What the amended statute would do is place an additional burden and expense on law abiding Washington State residents, to affirmatively prove that they fulfilled their already existing duty with government intrusion and expense, and under penalty of criminal liability for failure to obtain that government sanctioned proof.

Meanwhile, criminals will continue to conduct illegal firearms transactions without consideration for existing law, or any future, potentially amended, law.

Instead of the nonsensical HB 1588, Washington State law enforcement organizations and courts, should enforce the existing statutes, by arresting and prosecuting felons and other prohibited people in possession of them, and the person who sold/transferred/delivered the gun to the prohibited person, as provided in the existing Washington State firearms statutes.

RCW 9.41.080

Delivery to ineligible persons.

No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.[/i]

RCW 9.41.040

Unlawful possession of firearms 

— Ownership, possession by certain persons 

— Restoration of right to possess — Penalties.

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.

     (b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

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