Sponsored by Rep. Pedersen, HB 1588 prohibits an unlicensed person from selling a firearm to another unlicensed person unless the purchaser has undergone a background check in accordance with the provisions of this subsection and the purchaser is not ineligible to possess a firearm under state or federal law. A seller of a firearm to an unlicensed person shall request a background check of the purchaser or transferee from a dealer or from the chief of police or the sheriff of the jurisdiction in which the seller or the purchaser resides. The background check shall include a check of the national criminal instant background check system. The department of licensing shall create and make available an application to transfer a firearm. A dealer or chief of police or sheriff who conducts a background check for an unlicensed person must indicate on the application whether the purchaser is eligible or ineligible to possess a firearm under state and federal law based on the results of the background check. A fee may be charged for conducting the background check. Selling a firearm to an unlicensed person is guilty of a gross misdemeanor.
Substitute bill: Changes include — The original bill did not exempt persons who possess valid Washington concealed pistol licenses, persons federally licensed as collectors, or the sale of curios or relics. The original bill required the use of an application to transfer a firearm, rather than the ATF Form 4473, which was to be developed by the Department of Licensing (DOL) and include the same information required in the application to purchase a pistol from a dealer. The original bill did not address retention of the application by law enforcement or the DOL. The original bill did not address whether the sale of a firearm could proceed after a specified period of time if there was no resolution of a delayed response from the National Instant Criminal Background Check System.
