Washington Senate Bill 1501

[guitarguy]

New Firearms Bill in Committe today.
Requires FFL dealers to report to WSP all individuals DENIED on background check for purchase or transfer based on inelligibility.
http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bill Reports/Senate/1501-S SBA LAW 17.pdf

SHB1501

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[WALawyer]

There are 3k-4k denials in this state every year. Some rightful, some wrongful. If this were to pass, it would stress the criminal justice system immensely because every single denial would have to be independently investigated to see if it was a correct denial or not prior to prosecution. It's all fun and games until you have to properly fund and staff all of the 39 county prosecutor's offices, the attorney general, and the state patrol. Good luck with this turd.

 

[ChiefStealth]

"... subject to funds appropriated for this purpose..." blah blah. If the leg. doesn't give WSP any money to maintain the database, or investigate the incidents, it'll just be another do nothing law. A bunch of paperwork from dealers thrown into a box somewhere.

 

[Slobray]

There are 3k-4k denials in this state every year. Some rightful, some wrongful. If this were to pass, it would stress the criminal justice system immensely because every single denial would have to be independently investigated to see if it was a correct denial or not prior to prosecution. It's all fun and games until you have to properly fund and staff all of the 39 county prosecutor's offices, the attorney general, and the state patrol. Good luck with this turd.

Funding this will be just one of the many reasons the dem's will use to try to pass a state income tax, various other taxes and raise existing taxes, "it's only common sense".



Ray

 

[Mike aka BandAid]

This is almost a common sense law! As a dealer, I have had several denials, and when I reported these to the local law enforcement agency, they were less than interested. Since the buyer has LIED on a federal form, I would imagine that a prosecutor somewhere might be able to make a case!

As for the incorrect denials, there is a FBI process they can go through... They are currently reviewing denials from May of 2015. Any little help would be nice.

 

[WALawyer]

This is almost a common sense law! As a dealer, I have had several denials, and when I reported these to the local law enforcement agency, they were less than interested. Since the buyer has LIED on a federal form, I would imagine that a prosecutor somewhere might be able to make a case!

As for the incorrect denials, there is a FBI process they can go through... They are currently reviewing denials from May of 2015. Any little help would be nice.

It's not that simple. Most people do not LIE on the 4473, they usually just forget, weren't told they'd be prohibited from possessing a firearm, or didn't understand the consequences of whatever previously happened. That's not an excuse, but it also isn't a LIE. The distinction is important because the prosecutors have to prove knowledge.

The NICS appeal process is a complete joke, for the reason you point out.

 

[Caveman Jim]

All these anti-gun anti-2A legislation is an agenda driven by the anti-American TPTB. If laws already written were enforced then the system works fine (if justice dept. funding is appropriate and the bias is stifled).

 

[mjbskwim]

This is almost a common sense law! As a dealer, I have had several denials, and when I reported these to the local law enforcement agency, they were less than interested. Since the buyer has LIED on a federal form, I would imagine that a prosecutor somewhere might be able to make a case!

As for the incorrect denials, there is a FBI process they can go through... They are currently reviewing denials from May of 2015. Any little help would be nice.

Boy,please tell us the name of your store,or is it your name on here?
I will tell all my friends to not shop at your store. You are making yourself the jury here too. You have absolutely no idea why someone was denied. WTF do you think you are turning your customers in? There is plenty of people that get denied that weren't supposed to (@IronMonster )
Please,as a service to us all,post the name of your store.
I can not believe this

 

[11Charlie]

This is almost a common sense law! As a dealer, I have had several denials, and when I reported these to the local law enforcement agency, they were less than interested. Since the buyer has LIED on a federal form, I would imagine that a prosecutor somewhere might be able to make a case!

As for the incorrect denials, there is a FBI process they can go through... They are currently reviewing denials from May of 2015. Any little help would be nice.

How in the heck do you know they are lying? Don't give them the gun your job is done.

I know a close personal friend that got denied because the guy at the counter couldn't type and spelled his name wrong.

 

[IronMonster]

From my research it seems about 40% of people who are denied are not actually prohibited persons.

Most folks either don't try to get things sorted or can't afford too.

There is a member here who has a SOT FFL and still gets denied occasionally.

I have had gun store clerks tell me that if I got a deny that I would have to turn over my carry card and surrender all my firearms... because I was a prohibited person. No amount of explanation would make them see that no matter what NICS says I am not prohibited from firearms ownership. In their eyes, it comes back deny and that's game over, no guns for you.


The truth is something different. NCIC is a database of information, one run by an underfunded government agency with zero accountability, nothing more. If the info is out dated or just flat wrong then it can cause a person a lot of grief. My case is a good example of how hard it is to get them to update records. It's taken many,many years and many thousands of dollars and I still really don't know if it's fixed (I can count at least 6 times when my lawyers said, "ok, everything is fixed and you are good to go" only to again get a deny)

 

[Diamondback]

When's the Legislature adjourn? It's on Second Read in Senate committee headed for Floor...
Washington State Legislature

 

[PiratePast40]

Boy,please tell us the name of your store,or is it your name on here?
I will tell all my friends to not shop at your store. You are making yourself the jury here too. You have absolutely no idea why someone was denied. WTF do you think you are turning your customers in? There is plenty of people that get denied that weren't supposed to (@IronMonster )
Please,as a service to us all,post the name of your store.
I can not believe this

I happen to agree with you.

However, he did post the name and location of his store, it's his screen name. A quick google search comes up with the Facebook page for the store.

 

[Osarion]

This is almost a common sense law! As a dealer, I have had several denials, and when I reported these to the local law enforcement agency, they were less than interested. Since the buyer has LIED on a federal form, I would imagine that a prosecutor somewhere might be able to make a case!

As for the incorrect denials, there is a FBI process they can go through... They are currently reviewing denials from May of 2015. Any little help would be nice.

As an FFL, are you required to report denials? Or, what is the actual legal procedure involving them on your end?

 

[Osarion]

Also, the bill just passed the Senate (unanimously) and is on it's way to the House.

 

[Diamondback]

See what I mean about the Republicans not being our friends?

 

[Caveman Jim]

They are all spineless as the majority have dirt on their opposition to get all the votes!!!

 

[WALawyer]

As an FFL, are you required to report denials? Or, what is the actual legal procedure involving them on your end?

FFLs are not required to report denials. The only consequence of a denial is that the FFL cannot transfer the firearm.

 

[guitarguy]

NOW ITS THE LAW.

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bill Reports/House/1501-S HBR PL 17.pdf