WASHINGTON STATE SUPREME COURT

Second Amendment Foundation; Citizens
Committee for the Right to Keep and Bear
Arms Tyler G. Miller; Jane
and John Does,

Petitioners,
VS.

Kim Wyman, in her capacity as the
Secretary of State; Paul Kramer, Initiative
Measure No. 1639 sponsor; and Safe
Schools Safe Communities PAC (aka Yes
on 1639),

Respondents.

 

 

I. INTRODUCTION:

Article 11 37 of the Washington State Constitution requires that an act that is
revised or amended ?shall be set forth at full length.? That provision applies equally to the

legislative and initiative processes.1 Initiative Measure No. 1639 violates this Constitution

 

 

1 State v. Thorne, 129 Wn.2d 736, 752-53 (1996).

PETITION FOR WRIT OF MANDAMUS

REC ENED

JUN 29 2018

WASHINGTON STATE
SUPREME COURT

No.
Petition for Writ of Mandamus,

Declaratory and Injunctive Relief

Shawn limt thy Newman

Attorney at Law~ 141931
Washington State- Director of the
initiative at: Referencimn institute

Clo. 2,507 Crestline Dr. NW

Oly?i'?gi?, WA 98502?432"

It") 360%66-2322

 

mandate and RCW 29A.72.100 which requires ?a readable, full, true, and correct copy of the
proposed measure printed on the reverse side of the petition.? The full petition is attached as
Exhibit 1.2 1t fails to comply with the Secretary of State?s regulations governing petitions
which requires ?the full text of the measure printed on the back.? WAC 
The text used on the petition does not match the of?cial text that was provided by the
Code Reviser?s of?ce and found on the Secretary of State?s website.3 Exhibit 2. It does not
have any strike outs (designating words that are removed from the RCWs) or underlining
(designating words that are added to the RCWs) that would disclose the proposed initiative?s
impact on existing law.4 For example, compare the of?cial text for Initiative Measure No.
1639 on the Secretary of State?s website with what is printed on the back of the petition:

a Section 3 [Enhanced Background Checks]: The Secretary of State?s website shows
the proposed changes to existing law while the petition does not show any changes.

0 Section 4 [Waiting Period]: The Secretary of State?s website shows the proposed
changes to existing law while the petition does not show any changes.

0 Section 13 [Raising the age to purchase a gun]: The Secretary of State?s website
shows the proposed changes to existing law while the petition does not show any
changes.

0 Section 16 [de?ning ?secured gun storage? and ?semiautomatic assault The
Secretary of State?s website shows the proposed changes to existing law while the
petition does not show any changes.

Therefore, the Petitioners seek a writ of mandamus or prohibition directing the Secretary of

State to reject those petitions.

 

2 The petition is printed on yellow paper and uses microscopic text [5-point condensed font size and 6-point leading
(spacing between lines)]. 

3 1531.pdf

4 See Of?ce of the Code Reviser Bill Drafting Guide 2017

drafting guideaspx

PETITION FOR WRIT OF MANDAMUS Shawn Timothy Newman"
Attorney at Law. PS. ?41931

Washington State Director of the

2 initiative Referendum institute

do 2507 Crestline Dr. NVN

Oiympia, WA 98582?432?

(P) 360-866-2322

 

II. JURISDICTION VENUE:

2.1 This court has original jurisdiction pursuant to Wash. Const. art. IV, 4.

PARTIES:

3.1 The Second Amendment Foundation is a nonpro?t organization that supports gun
rights.

3.2 The Citizens Committee for the Right to Keep and Bear Arms is a
nonpro?t organization that is dedicated to protecting your ?rearms rights.

3.3 Tyler G. Miller is a resident of Bremerton, Washington and a registered voter.

3.4 Jane and John Does are voters who signed the initiative petition but were deceived
because the petition did not disclose the proposed initiative's impact on existing law.

3.5 Kim Wyman is the Secretary of State and the State?s Chief Elections Of?cer.
Initiative petitions are ?led with the Secretary of State as required by the Washington
Constitution, art. II, 1. The Secretary of State is responsible for validating voter signatures
on petitions.

3.6 Paul Kramer is the of?cial sponsor of Initiative Measure No. 163 9.5

 

5 His public contact information is posted on the Secretary of State?s website
It is listed as: PO. Box 21712, Seattle,
WA 981 1 PH: (206) 909-7641 of?cedbwagunresponsibilitv.org

PETITION FOR WRIT OF MANDAMUS Shawn Timothy Newman
Attorney at law, RS. 141931

Washington {State Director of the

3 initiative Referendum institute

Clo 2507 Crestline Dr. NW

Oiympia. WA 98502?432"

(P) 3613-8663322

 

 

3.7 Safe Schools Safe Communities is a Political Action Committee registered with the
Public Disclosure Commission6 (aka Yes on 1639) and is designated as supporting Initiative
Measure No. 1639.7

IV. FACTS:

4.1 The petition used for Initiative Measure No. 1639 is designated as Exhibit 1.

4.2 Initiative Measure No. 1639 as it appears on the Secretary of State?s website is
designated as Exhibit 2.

4.3 The Safe Schools Safe Communities PAC (aka Yes On and Alliance for Gun
Responsibility are collecting signatures to qualify Initiative Measure No. 1639 for the
November ballot.

4.4 The Second Amendment Foundation and the Citizens Committee for the Right to
Keep and Bear Arms sent a letter dated June 18, 2018 via certi?ed mail to the
Secretary of State, Attorney General, and sponsors and donors for Initiative Measure No.
1639. That letter is designated as Exhibit 3.

4.5 Tyler G. Miller declined to sign the petition because he ?noticed that no parts of the
text contained struck-through text? as he had seen on other initiatives. Exhibit 4 [Miller

Declaration]. According to his declaration, Mr. Miller ?did not see the speci?c language

 

6 The public contact information is posted on the Public Disclosure Commission?s website
year?12018 It
is listed as: PO. Box 4187, Seattle, WA 98194 PH: (206) 909-7641 Email: 
7 The Alliance for Gun Responsibility website is: 

PETITION FOR WRIT OF MAN DAMUS Shawn Timothy Newman
Attorney at Law: PS. 34193

Washington State Director of the

4 initiative Referendum institute

city 2567 Crestline Dr, NW

Oiympia, WA 98502?432?

360?866-2322

 

being affected and therefore could not determine the context or scope of the proposed
change.? Mr. Miller goes on to state:

When I inquired as to whether the petition in my had was the complete text, I

was directed several times to the campaign website, Yesonl639.org,8 to ?nd

out more information. When I attempted to do so, I found that the website

contained neither the text of the petition I was asked to Sign, nor the text of

the initiative anywhere on the site, nor any links or information on where I

could ?nd the text of the initiative.
Emphasis added.
4.6 Jane and John Does signed the petition for Initiative Measure No. 1639 but were
deceived because the petition did not match the of?cial language or disclose the proposed
initiative's impact on existing law.
4.7 The ?last business day to submit petition signatures supporting Initiatives to the
People to the Secretary of State? is July 6, 2018.9
V. ARGUMENT:
5.1 The Washington State Constitution requires that an act that is revised or amended ?Lall
be set forth at full length.? Wash. Const. art. II, 37 [Emphasis added].
5.2 That provision applies equally to the legislative and initiative processes. State v. Thorne,
129 Wn.2d 736, 752-53 (1996). In Wash. Citizens Action of Wash. v. State, 162 Wn.2d 142,
151-152 (2007), the State Supreme Court stated that:

Article 11, section 37 was intended both to ensure disclosure of the general effect

of the new legislation and to show its speci?c impact on existing laws in order to
avoid fraud or deception. Thus, a signi?cant purpose of article 11, section 37

 

 

8 

9 (last visited 6/26/18).

 

FOR WRIT OF MANDAMUS Shawn Timothy Newman
Attorney at Law. PS. 14293]

Washington State Director of the

5 Initiative Referendum Institute

(2/0 2507 Crestline Dr. NW

Oiympia. WA 98502432"

360w866-2322

 

ensure that those enacting an amendatory law are fully aware of the proposed
law's impact on existing law. [Emphasis added].

5.3 RCW 29A.72.100 states:

The person proposing the measure s_ha_l_1 print blank petitions upon single sheets of
paper of good writing quality (including but not limited to newsprint) not less
than eleven inches in width and not less than fourteen inches in length. Each
petition at the time of circulating, signing, and ?ling with the secretary of state
must consist of not more than one sheet with numbered lines for not more than
twenty signatures, with the prescribed warning and title, be in the form required
by RCW 29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true,
and correct copy of the proposed measure printed on the reverse side of the
petition. [Emphasis added]

5.4. The Secretary of State requires that petitions include ?the full text of the measure
printed on the back.? WAC 

5.5 Consistent with Article 11 37 of the Washington State Constitution, RCW
29A.72.100 and WAC the Secretary of State?s Initiative and
Referendum Handbook states that a ?readable, full, true, and correct copy? of the ?complete

text? is provided to the Attorney General for the creation of the Ballot Title and Ballot

Summary must appear on the back of the petition. ?0

The full text of the measure must appear on the reverse side of the petition.
The Of?ce of the Secretary of State must ascertain that the signer, at the time
of signing the petition, had the opportunity to read the complete text of the
measure. Otherwise, the Office of the Secretary of State cannot verify the

signatures on that. 

 

?0 Secretary of State Initiative and Referendum Handbook 2017 at 20.

(last viewed 6/26/18).

1? Secretary of State Initiative and Referendum Handbook 2017 at 10.
7%20.pdf
(last viewed 6/26/18).

PETITION FOR WRIT OF MANDAMUS Shawn Timothy Newman
Attorney at Law. RS. 14193

Washington State Director of the

6 Initiative 8: Referendum institute

cfo 2507 Crestline Dr. NW

Olympia. WA 98502-432"

(P) 360~866~2322

 

287

 

VI. RELIEF REQUESTED:

Petitioners seek a declaration that the petitions for Initiative Measure No. 1639
violate Wash. Const. art. 11, 37, RCW 29A.72.100 and WAC and are
therefore invalid. The 1?1639 petitions do not include a ?full, true, and correct copy of the
proposed measure printed on the reverse side of the petition.? What is printed is not the
of?cial text and, therefore, neither full, true or correct. Therefore, petitioners seek a writ of
mandamus or prohibition enjoining the Secretary of State from processing the invalid
petitions for Initiative Measure No. 1639.

DATED: 6/29/18 2 7w
?h Timothy Newm'an
A mey at Law, P.S. WSBA #14193
Washington State Director of the
Initiative and Referendum Institute12
0/0 2507 Crestline Drive, NW.
Olympia, WA 98502

PH: (360) 866-2322
Shawn@newmanlawolympia. com

 

 

'2 The Initiative and Referendum Institute at the University of Southern California is a non-partisan educational
organization dedicated to the study of the initiative and referendum, the two most important processes of direct
democracy. 

PETITION FOR WRIT OF MANDAMUS Shawn Timothy Newman
Attorney at Law, PS. 14193,

Washington State Director of the

7 initiative Referendum institute

cz?o 2507 Crestiine Dr, NW

Oiympia, WA 98502432~

(P) 360?866?2322

 

EXHIBIT 1

 

SIGN TO ENACT SAFER GUN 

(RENEW ESTABLISINW
MMCIECIS 

 

 

ill'lmll! II null: 








 

 

 

 

 

 

 

 

 

 

Il?ilil STATE 11': Every person who signs
this petition Iith any other than his or her true mm, 
signs more than one of these petitions, signs this petition when he or
she is not a legal vote! or makes my raise statement on this petition
may be pun?shed by ?ne or imprisonment or both.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





   

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EXHIBIT 2

Initiative Measure No. 1639,fmwmima
AN ACT Relating to increasing public safety by implementing

firearm safety measures, including requiring enhanced bacxground
checks, waiting periods, and increased age requirements for
semiautomatic assault rifles and secure gun storage for all
firearms; amending RCW 9.41.090, 9.41.092, 9.41.094, 9.41.097,
9.41.0975, 9.41.110, 9.41.113, 9.41.124, 9.41.240, 9.41.129, and
9.41.010; adding new sections to chapter 9.41 creating new

sections; prescribing penalties; and providing effective dath.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. INTENT. Gun violence is far too common
in Washington and the United States. In particular, shootings
involving the use of semiautomatic assault rifles have resulted in
hundreds of lives lost, devastating injuries, and lasting
impacts on survivors, their families, and communities.
Semiautomatic assault rifles are specifically designed to kill
quickly and efficiently and have been used in some of the country's

deadliest mass shootings, including in Newtown, Connec;icut; Las

Vegas, Nevada; and Parkland and Orlando, Florida, among others.
Semiautomatic assault rifles have also been used in deadly shootings
in Washington, including in Mukilteo and Tacoma.

The impacts of gun violence by assault weapons fall heavily on
children and teenagers. According to one analysis, more than two
hundred eight thousand students attending at least two hundred
twelve schools have experienced a shooting on campus since the
Columbine mass shooting in 1999. Active shooter drills are normal
for a generation of American schoolchildren, instilling at a young
age the sad and unnecessary realization that a mass shooting can
happen in any community, in any school, at any time.

Enough is enough. The people find and declare that it is crucial
and urgent to pass laws to increase public safety and reduce gun
violence.

Implementing an enhanced background check system for
semiautomatic assault rifles that is as strong as the one required
to purchase a handgun and requiring safety training and a waiting
period will help ensure that we keep these weapons out of dangerous
hands. Further, federal law prohibits the sale of pistols to
individuals under the age of twenty?one and at least a dozen states
?further restrict the ownership or possession of firearms by
individuals under the age of twenty-one. This makes sense, as
studies show that eighteen to twenty year olds commit a
disproportionate number of firearm homicides in the United States
and research indicates that the brain does not fully mature until a
later age. Raising the minimum age to purchase semiautomatic assault
rifles to twenty-one is a commonsense step the people wish to take
to increase public safety.

Finally, firearms taken from the home by children or other
persons prohibited from possessing firearms have been at the heart
of several tragic gun violence incidents. One study shows that over
eighty?five percent of school shooters obtained the firearm at their
home or from a friend or relative. Another study found that more

than seventy~five percent of firearms used in youth suicide attempts

2

and unintentional injuries were stored in the residence of the
victim, a relative, or a friend. Secure gun storage requirements for
all firearms will increase public safety by helping ensure that
children and other prohibited persons do not inappropriately gain
access to firearms, and notice requirements will make the potential
dangers of firearms clear to purchasers.

Therefore, to increase public safety for all Washingtonians, in
particular our children, this measure would, among other things:
Create an enhanced background check system applicable to
semiautomatic assault rifles similar to what is required for
handguns, require that individuals complete a firearm safety
training course and be at least twenty?one years of age to purchase
or possess such weapons, enact a waiting period for the purchase of
such weapons, and establish standards for the responsible storage of

all firearms.

NEW SECTION. Sec. 2. SHORT TITLE. This act may be known and

cited as the public safety and semiautomatic assault rifle act.

Sec. 3. ENHANCED BACKGROUND CHECKS. RCW 9.41.090 and 2018 
6003 are each amended to read as follows:

(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:

The purchaser produces a valid concealed pistol license and
the dealer has recorded the purchaser's name, license number, and
issuing agency, such record to be made in triplicate and processed
as provided in subsection i_i of this section. For purposes
of this subsection a "valid concealed pistol license" does
not include a temporary emergency license, and does not include any
license issued before July l, 1996, unless the issuing agency
conducted a records search for disqualifying crimes under RCW
9.41.070 at the time of issuance;

The dealer is notified in writing by the chief of police

or the sheriff of the jurisdiction in which the purchaser resides

3

that the purchaser is eligible to possess a pistol under RCW
9.41.040 and that the application to purchase is approved by the
chief of police or sheriff; or (ii) the state that the purchaser is
eligible to possess a firearm under RCW 9.41.040, as provided in
subsection of this section; or

The requirements or time periods in RCW 9.41.092 have been
satisfied.

(2) In addition to the other requirements of this chapter, no
dealer may deliver a semiautomatic assault rifle to the purchaser

thereof until:

 

The purchaser provides proof that he or she has completed a
recognized firearm safety training program within the last five
years that, at a minimum, includes instruction on:

Basic firearms safety rules;

(ii) Firearms and children, including secure gun storage and
talking to children about gun safety;

Firearms and suicide prevention;

(iv) Secure gun storage to prevent unauthorized access and use;

Safe handling of firearms; and

(vi) State and federal firearms laws, including prohibited

firearms transfers.

 

The training must be sponsored by a federal, state, county, or
municipal law enforcement agency, a college or university, a
nationally recognized organization that customarily offers firearms
training, or a firearms training school with instructors certified
by a nationally recognized organization that customarily_9?fers
firearms training. The proof of training shall be in the form of a
certification that states under the penalty of perjury the training
included the minimum requirements; and

The dealer is notified in writing by the chief of police
or the sheriff of the jurisdiction in which the purchaser resides
that the_purchaser is eligible to possess a firearm under
RCW 9.41.040 and that the application to purchase is approved by the

chief of police or sheriff; or (ii) the state that the purchaser is

4

eligible to possess a firearm under RCW 9.41.040, as provided in
subsection of this section; or

The requirements or time periods in RCW 9.41.092 have been
satisfied.

Except as provided in of this subsection, in
determining whether the purchaser meets the requirements of RCW
9.41.040, the chief of police or sheriff, or the designee of either,
shall check with the national crime information center, including
the national instant criminal background check system, provided for
by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et
seq.), the Washington state patrol electronic database, the health
care authority electronic database, and with other agencies or
resources as appropriate, to determine whether the applicant is
ineligible under RCW 9.41.040 to possess a firearm.

The state, through the legislature or initiative process,
may enact a statewide firearms background check system equivalent
to, or more comprehensive than, the check required by of this
subsection to datermine that a purchaser is eligible to possess a

firearm under RCW 9.41.040. Once a state system is

 

established, a dealer shall use the state system and national
instant criminal background check system, provided for by the Brady
Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to

make criminal background checks of applicants to purchase firearms.
.p

 

 

 

 

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"LippilpJ. (AL: 41.15;any case under this section where the applicant

has an outstanding warrant for his or her arrest from any court of

competent jurisdiction for a felony or misdemeanor, the dealer shall
hold the delivery of the pistol or semiautomatic assault rifle until
the warrant for arrest is served and satisfied by appropriate court

appearance. The local jurisdiction for purposes of the sale, or the

5

state pursuant to subsection of this section, shall confirm
the existence of outstanding warrants within seventy?two hours after
notification of the application to purchase a pistol gr

semiautomatic assault rifle is received. The local jurisdiction

 

shall also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the
warrant was for an offense other than an offense making a person
ineligible under RCW 9.41.040 to possess a ((piseel)) firearm.
i?L In any case where the chief or sheriff of the local
jurisdiction, or the state pursuant to subsection of this
section, has reasonable grounds based on the following
circumstances: Open criminal charges, pending criminal
proceedings, pending commitment proceedings, an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040
to possess a firearm, or an arrest for an offense
making a person ineligible under RCW 9.41.040 to possess a
((piseel)) firearm, if the records of disposition have not yet been
reported or entered sufficiently to determine eligibility to
purchase a ((piseel)) firearm, the local jurisdiction or the state
may hold the sale and delivery of the pistol or semiautomatic
assault rifle up to thirty days in order to confirm existing records
in this state or elsewhere. After thirty days, the hold will be
lifted unless an extension of the thirty days is approved by a local

district court, superior court, or municipal court for good cause

 

shown. A dealer shall be notified of each hold placed on the sale by
local law enforcement or the state and of any application to the
court for additional hold period to confirm records or confirm the
identity of the applicant.

At the time of applying for the purchase of a
pistol or semiautomatic assault rifle, the purchaser shall sign in
triplicate and deliver to the dealer an application containing;

ilii?is or her full name, residential address, date and place of
birth, race, and gender;

(ii) The date and hour of the application;

6

 The applicant's driver?s license number or state

identification card number;

(iv) A description of the pistol or semiautomatic assault rifle
including the make, model, caliber and manufacturer's number if
available at the time of applying for the purchase of a pistol or

semiautomatic assault rifle. If the manufacturer's number is not

 

available at the time of applying for the purchase of a pistol or
semiautomatic assault rifle, the application may be processed, but
delivery of the pistol or semiautomatic assault rifle to the
purchaser may not occur unless the manufacturer's number is recorded
on the application by the dealer and transmitted to the chief of
police of the municipality or the sheriff of the county in which the
purchaser resides, or the state pursuant to subsection of
this section; 

lili? statement that the purchaser is eligible to purchase and

possess a ((pistel)) firearm under state and

federal law; and

 

(vi) If purchasing a semiautomatic assault rifle, a statement by
the applicant under penalty of perjury that the applicant has
completed a recognized firearm safety training program within the
last five years, as required by subsection (2) of this section.

lbi The application shall contain two warnings

substantially stated as follows:

CAUTION: Although state and local laws do not differ,
federal law and state law on the possession of firearms differ. If
you are prohibited by federal law from possessing a firearm, you may
be prosecuted in federal court. State permission to purchase a

firearm is not a defense to a federal prosecution; and

(ii) CAUTION: The presence of a firearm in the home has been
associated with an increased risk of death to self and others,
including an increased risk of suicide, death during domestic

violence incidents, and unintentional deaths to children and others.

The purchaser shall be given a copy of the department of fish

and wildlife pamphlet on the legal limits of the use of

Lal11 j?rfr?
.L 

firearms((T)) and firearms safety((, and the



igl The dealer shall, by the end of the business day, sign and


L. 

rT

?n
LIV

attach his or her address and deliver a c0py of the application and

such other documentation as required under subsections fl) and (2)
of this section to the chief of police of the municipality or the
sheriff of the county of which the purchaser is a resident, or the
state pursuant to subsection of this section. The triplicate
shall be retained by the dealer for six years. The dealer shall
deliver the pistol or semiautomatic assault rifle to the purchaser
following the period of time specified in this chapter unless the
dealer is notified of an investigative hold under subsection 
i?L of this section in writing by the chief of police of the
municipality the sheriff of the county, or the_?tatey_
whichever is applicable, or of the denial of the
purchaser's application to purchase and the grounds thereof. The

application shall not be denied unless the purchaser is not eligible
to purchase or possess the firearm under 

state or federal law.
The chief of police of the municipality or the sheriff of

the county, or the state pursuant to subsection of this
section, shall retain or destroy applications to purchase a pistol

or semiautomatic assault rifle in accordance with the requirements

 

of 18 U.S.C. Sec. 922.
To help offset the administrative costs of

implementing this section as it relates to new requirements for
semiautomatic assault rifles, the department of licensing may
require the dealer to charge each semiautomatic assault rifle
purchaser or transferee a fee not to exceed twenty-five dollars,
except that the fee may be adjusted at the beginning of each

biennium to levels not to exceed the percentage increase in the

8

consumer price index for all urban consumers, or a successor

index, for the previous biennium as calculated by the United States

department of labor.

 

The fee under of this subsection shall be no more than
is necessary to fund the following:

The state for the cost of meeting its obligations under this
section;

(ii) The health care authority, mental health institutions, and
other health care facilities for state?mandated costs resulting from
the reporting requirements imposed by RCW 9 and

Local law enforcement agencies for state*mandated local
costs resulting from the requirements set forth under RCW 9.41.090

and this section.

 

igi A person who knowingly makes a false statement regarding
identity or eligibility requirements on the application to purchase
a ((pistel)) firearm is guilty of false swearing under RCW
9A.72.040.

(9) This section does not apply to sales to licensed

dealers for resale or to the sale of antique firearms.

Sec. 4. WAITING PERIOD. RCW 9.41.092 and 2018 145 4 are
each amended to read as follows:

_ill Except as otherwise provided in this chapter and except for
semiautomatic assault rifles under subsection (2) of this section, a
licensed dealer may not deliver any firearm to a purchaser or
transferee until the earlier of:

la; The results of all required background checks are
known and the purchaser or transferee lil is not prohibited
from owning or possessing a firearm under federal or state law and
does not have a voluntary waiver of firearm rights
currently in effect; or

ibL Ten business days have elapsed from the date the
licensed dealer requested the background check. However, for sales

and transfers of pistols if the purchaser or transferee does not

9

have a valid permanent Washington driver's license or state
identification card or has not been a resident of the state for the
previous consecutive ninety days, then the time period in this
subsection shall be extended from ten business days to sixty days.
(2) Except as otherwise provided in this chapter, a licensed
dealer may not deliver a semiautomatic assault rifle to a purchaser
or transferee until ten business days have elapsed from the date of
the_purchase application or, in the case of a transfer, ten business

days have elapsed from the date a background check is initiated.

NEW SECTION. Sec. 5. SECURE GUN STORAGE. A new section is
added to chapter 9.41 RCW to read as follows:

(1) A person who stores or leaves a firearm in a location where
the person knows, or reasonably should know, that a prohibited
person may gain access to the firearm:

Is guilty of community endangerment due to unsafe storage of
a firearm in the first degree if a prohibited person obtains access
and possession of the firearm and causes personal injury )r death
with the firearm; or

Is guilty of community endangerment due to unsafe storage of
a firearm in the second degree if a prohibited person obtains access
and possession of the firearm and:

Causes the firearm to discharge;

(ii) Carries, exhibits, or displays the firearm in a public
place in a manner that either manifests an intent to intimidate
another or that warrants alarm for the safety of other persons; or

Uses the firearm in the commission of a crime.

Community endangerment due to unsafe storage of a firearm
in the first degree is a class felony punishable according to
chapter 9A.20 RCW.

Community endangerment due to unsafe storage of a firearm in
the second degree is a gross misdemeanor punishable according to
chapter 9A.20 RCW.

(3) Subsection of this section does not apply if:

10

 The firearm was in secure gun storage, or secured with a
trigger lock or similar device that is designed to prevent the
unauthorized use or discharge of the firearm;

In the case of a person who is a prohibited person on the
basis of the person?s age, access to the firearm is with the lawful
permission of the prohibited person's parent or guardian and
supervised by an adult, or is in accordance with RCW 9.41.042;

The prohibited person obtains, or obtains and discharges,
the firearm in a lawful act of self?defense; or

The prohibited person's access to the firearm was obtained
as a result of an unlawful entry, provided that the unauthorized
access or theft of the firearm is reported to a local law
enforcement agency in the jurisdiction in which the unauthorized
access or theft occurred within five days of the time the victim of
the unlawful entry knew or reasonably should have known that the
firearm had been taken.

(4) If a death or serious injury occurs as a result of an
alleged violation of subsection of this section, the
prosecuting attorney may decline to prosecute, even though
technically sufficient evidence to prosecute exists, in situations
where prosecution would serve no public purpose or would defeat the
purpose of the law in question.

(5) For the purposes of this section, "prohibited person" means
a person who is prohibited from possessing a firearm under state or
federal law.

(6) Nothing in this section mandates how or where a firearm must

be stored.

NEW SECTION. Sec. 6. AVAILABILITY OF SECURE GUN STORAGE. A
new section is added to chapter 9.41 RCW to read as follows:
(1) When selling or transferring any firearm, every dealer
shall offer to sell or give the purchaser or transferee a secure gun
storage device, or a trigger lock or similar device that is designed

to prevent the unauthorized use or discharge of the firearm.

ll

(2) Every store, shop, or sales outlet where firearms are sold,
that is registered as a dealer in firearms with the department of
licensing, shall conspicuously post, in a prominent location so that
all patrons may take notice, the following warning sign, to be
provided by the department of licensing, in block letters at least
one inch in height:

WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE
AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM
POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION.

(3) Every store, shop, or sales outlet where.firearms are sold
that is registered as a dealer in firearms with the department of
licensing, upon the sale or transfer of a firearm, shall deliver a
written warning to the purchaser or transferee that states, in block
letters not less than one?fourth inch in height:

WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE
AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM
POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION.

(4) Every person who violates this section is guilty of a class
1 civil infraction under chapter 7.80 RCW and may be fined up to two
hundred fifty dollars. However, no such fines may be levied until
thirty days have expired from the time warning signs required under

subsection (2) of this section are distributed by the department of

licensing.

Sec. 7. RCW 9.41.094 and 2018 201 6004 are each amended to
read as follows:

A signed application to purchase a pistol or semiautomatic
assault rifle shall constitute a waiver of confidentiality and
written request that the health care authority, mental health
institutions, and other health care facilities release, to an
inquiring court or law enforcement agency, information relevant to
the applicant's eligibility to purchase a pistol or semiautomatic

assault rifle to an inquiring court or law enforcement agency.

l2

Sec. 8. RCW 9.41.097 and 2018 20l 6005 are each amended to
read as follows:

(1) The health care authority, mental health institutions, and
other health care facilities shall, upon request of a courtL 
law enforcement agency, or the state, supply such relevant
information as is necessary to determine the eligibility of a person
to possess a ((pieEel)) firearm or to be issued a concealed pistol
license under RCW 9.41.070 or to purchase a pistol or semiautomatic
assault rifle under RCW 9.41.090.

(2) Mental health information received by: The department of
licensing pursuant to RCW 9.41.047 or 9.41.173; an issuing
authority pursuant to RCW 9.41.047 or 9.41.070; a chief of
police or sheriff pursuant to RCW 9.41.090 or 9.41.173; a court
or law enforcement agency pursuant to subsection (1) of this
section; or the state pursuant to RCW 9.41.090, shall not be

disclosed except as provided in RCW 

Sec. 9. RCW 9.41.0975 and 2009 216 7 are each amended to
read as follows:

(1) The state, local governmental entities, any public or
private agency, and the employees of any state or local governmental
entity or public or private agency, acting in good faith, are immune
from liability:

For failure to prevent the sale or transfer Of a firearm to
a person whose receipt or possession of the firearm is unlawful;

For preventing the sale or transfer of a firearm to a person
who may lawfully receive or possess a firearm;

For issuing a concealed pistol license or alien firearm
license to a person ineligible for such a license;

For failing to issue a concealed pistol license or alien
firearm license to a person eligible for such a license;

For revoking or failing to revoke an issued concealed pistol

license or alien firearm license;

13

 For errors in preparing or transmitting information as part
of determining a person's eligibility to receive or possess a
firearm, or eligibility for a concealed pistol license or alien
firearm license;

For issuing a dealer's license to a person ineligible for
such a license; or

For failing to issue a dealer's license to a person eligible
for such a license.

(2) An application may be made to a court of competent
jurisdiction for a writ of mandamus:

Directing an issuing agency to issue a concealed pistol
license or alien firearm license wrongfully refused;

Directing a law enforcement agency to approve an application
to purchase a pistol or semiautomatic assault rifle wrongfully
denied;

Directing that erroneous information resulting either in the
wrongful refusal to issue a concealed pistol license or alien
firearm license or in the wrongful denial of a purchase application
for a pistol or semiautomatic assault rifle be corrected; or

Directing a law enforcement agency to approve a dealer's
license wrongfully denied.

The application for the writ may be made in the county in which
the application for a concealed pistol license or alien firearm
license or to purchase a pistol or semiautomatic assault rifle was
made, or in Thurston county, at the discretion of the petitioner. A
court shall provide an expedited hearing for an application brought
under this subsection (2) for a writ of mandamus. A person granted a
writ of mandamus under this subsection (2) shall be awarded

reasonable attorneys' fees and costs.

Sec. 10. RCW 9.4l.llO and 2009 479 10 are each amended to

read as follows:
(1) No dealer may sell or otherwise transfer, or expose for sale

or transfer, or have in his or her possession with intent to sell,

or otherwise transfer, any pistol without being licensed as provided
in this section.

(2) No dealer may sell or otherwise transfer, or expose for sale
or transfer, or have in his or her possession with intent to sell,
or otherwise transfer, any firearm other than a pistol without being
licensed as provided in this section.

(3) No dealer may sell or otherwise transfer, or expose for sale
or transfer, or have in his or her possession with intent to sell,
or otherwise transfer, any ammunition without being licensed as
provided in this section.

(4) The duly constituted licensing authorities of any city,
town, or political subdivision of this state shall grant licenses in
forms prescribed by the director of licensing effective for not more
than one year from the date of issue permitting the licensee to sell
firearms within this state subject to the following conditions, for
breach of any of which the license shall be forfeited and the
licensee subject to punishment as provided in RCW 9.41.010 through
9.41.810. A licensing authority shall forward a copy of each license
granted to the department of licensing. The department of licensing
shall notify the department of revenue of the name and address of
each dealer licensed under this section.

A licensing authority shall, within thirty days after the
filing of an application of any person for a dealer's license,
determine whether to grant the license. However, if the applicant
does not have a valid permanent Washington driver's license or
Washington state identification card, or has not been a resident of
the state for the previous consecutive ninety days, the licensing
authority shall have up to sixty days to determine whether to issue
a license. No person shall qualify for a license under this section
without first receiving a federal firearms license and undergoing
fingerprinting and a background check. In addition, no person
ineligible to possess a firearm under RCW 9.41.040 or ineligible for
a concealed pistol license under RCW 9.41.070 shall qualify for a

dealer's license.7

15

 A dealer shall require every employee who may sell a firearm
in the course of his or her employment to undergo fingerprinting and
a background check. An employee must be eligible to possess a
firearm, and must not have been convicted of a crime that would make
the person ineligible for a concealed pistol license, before being
permitted to sell a firearm. Every employee shall comply with
requirements concerning purchase applications and restrictions on
delivery of pistols or semiautomatic assault rifles that are
applicable to dealers.

Except as otherwise provided in of this subsection,
the business shall be carried on only in the building designated in
the license. For the purpose of this section, advertising firearms
for sale shall not be considered the carrying on of business.

A dealer may conduct business temporarily at a location
other than the building designated in the license, if the temporary
location is within Washington state and is the location of a gun
show sponsored by a national, state, or local organization, or an
affiliate of any such organization, devoted to the collection,
competitive use, or other sporting use of firearms in the community.
Nothing in this subsection authorizes a dealer to conduct
business in or from a motorized or towed vehicle.

In conducting business temporarily at a location other than the
building designated in the license, the dealer shall comply with all
other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and
this section. The license of a dealer who fails to
comply with the requirements of RCW 9.41.080 and 9.41.090 and
subsection (8) of this section while conducting business at a
temporary location shall be revoked, and the dealer shall be
permanently ineligible for a dealer?s license.

(7) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises in the area where
firearms are sold, or at the temporary location, where it can easily

be read.

16

 No pistol or semiautomatic assault rifle may be sold: 
In violation of any provisions of RCW 9.41.010 through 9.41.810; nor
(ii) may a pistol or semiautomatic assault rifle be sold under any
circumstances unless the purchaser is personally known to the dealer
or shall present clear evidence of his or her identity.

A dealer who sells or delivers any firearm in violation of
RCW 9.41.080 is guilty of a class felony. In addition to any other
penalty provided for by law, the dealer is subject to mandatory
permanent revocation of his or her dealer's license and permanent
ineligibility for a dealer's license.

The license fee for pistols shall be one hundred twenty?five
dollars. The license fee for firearms other than pistols shall be
one hundred twenty?five dollars. The license fee for ammunition
shall be one hundred twentwaive dollars. Any dealer who obtains any
license under subsection (1), (2), or (3) of this section may also
obtain the remaining licenses without payment of any fee. The fees
received under this section shall be deposited in the state general
fund.

A true record in triplicate shall be made of every pistol

or semiautomatic assault rifle sold, in a book kept for the purpose,

 

the form of which may be prescribed by the director of licensing and
shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and shall
contain the date of sale, the caliber, make, model and
manufacturer's number of the weapon, the name, address, occupation,
and place of birth of the purchaserL and a statement signed by the
purchaser that he or she is not ineligible under 

state or federal law to possess a firearm.

 

One copy shall within six hours be sent by certified mail to
the chief of police of the municipality or the sheriff of the county
of which the purchaser is a resident, or the state pursuant to RCW
9.41.090; the duplicate the dealer shall within seven days send to
the director of licensing; the triplicate the dealer shall retain

for six years.

17

(10) Subsections (2) through (9) of this section shall not apply
to sales at wholesale.

(ll) The dealer's licenses authorized to be issued by this
section are general licenses covering all sales by the licensee
within the effective period of the licenses. The department shall
provide a single application form for dealer's licenses and a single
license form which shall indicate the type or types of licenses
granted.

(12) Except as provided in RCW 9.41.090, every city, town, and
political subdivision of this state is prohibited from requiring the
purchaser to secure a permit to purchase or from requiring the

dealer to secure an individual permit for each sale.

Sec. 11. RCW 9.4l.ll3 and 2017 264 2 are each amended to
read as follows:

(1) All firearm sales or transfers, in whole or part in this
state including without limitation a sale or transfer where either
the purchaser or seller or transferee or transferor is in
Washington, shall be subject to background checks unless
specifically exempted by state or federal law. The background check
requirement applies to all sales or transfers including, but not
limited to, sales and transfers through a licensed dealer, at gun
shows, online, and between unlicensed persons.

(2) No person shall sell or transfer a firearm unless:

The person is a licensed dealer;

The purchaser or transferee is a licensed dealer; or

The requirements of subsection (3) of this section are met.

(3) Where neither party to a prospective firearms transaction is
a licensed dealer, the parties to the transaction shall complete the
sale or transfer through a licensed dealer as follows:

The seller or transferor shall deliver the firearm to a
licensed dealer to process the sale or transfer as if it is selling
or transferring the firearm from its inventory to the purchaser or

transferee, except that the unlicensed seller or transferor may

18

remove the firearm from the business premises of the licensed dealer
while the background check is being conducted. If the seller or
transferor removes the firearm from the business premises of the
licensed dealer while the background check is being conducted, the
purchaser or transferee and the seller or transferor shall return to
the business premises of the licensed dealer and the seller or
transferor shall again deliver the firearm to the licensed dealer
prior to completing the sale or transfer.

Except as provided in of this subsection, the licensed
dealer shall comply with all requirements of federal and state law
that would apply if the licensed dealer were selling or transferring
the firearm from its inventory to the purchaser or transferee,
including but not limited to conducting a background check on the
prospective purchaser or transferee in accordance with federal and
state law requirements ((asd))L fulfilling all federal and state
recordkeeping requirements, and complying with the specific
requirements and restrictions on semiautomatic assault rifles in
this act.

The purchaser or transferee must complete, sign, and submit
all federal, state, and local forms necessary to process the
required background check to the licensed dealer conducting the
background check.

If the results of the background check indicate that the
purchaser or transferee is ineligible to possess a firearm, then the
licensed dealer shall return the firearm to the seller or
transferor.

The licensed dealer may charge a fee that reflects the fair
market value of the administrative costs and efforts inc1rred by the
licensed dealer for facilitating the sale or transfer of the
firearm.

(4) This section does not apply to:

A transfer between immediate family members, which for this
subsection shall be limited to spouses, domestic partners, parents,

parentSwin-law, children, siblings, siblings~in?law, grandparents,

l9

grandchildren, nieces, nephews, first cousins, aunts, and uncles,
that is a bona fide gift or loan;

The sale or transfer of an antique firearm;

A temporary transfer of possession of a firearm if such
transfer is necessary to prevent imminent death or great bodily harm
to the person to whom the firearm is transferred if:

The temporary transfer only lasts as long as immediately
necessary to prevent such imminent death or great bodily harm; and

(ii) The person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law;

A temporary transfer of possession of a firearm if: The
transfer is intended to prevent suicide or self-inflicted great
bodily harm; (ii) the transfer lasts only as long as reasonably
necessary to prevent death or great bodily harm; and the
firearm is not utilized by the transferee for any purpose for the
duration of the temporary transfer;

Any law enforcement or corrections agency and, to the extent
the person is acting within the course and scope of his or her
employment or official duties, any law enforcement or corrections
officer, United States marshal, member of the armed forces of the
United States or the national guard, or federal official;

A federally licensed gunsmith who receives a firearm solely
for the purposes of service or repair, or the return of the firearm
to its owner by the federally licensed gunsmith;

The temporary transfer of a firearm between spouses or
domestic partners; (ii) if the temporary transfer occurs, and the
firearm is kept at all times, at an established shooting range
authorized by the governing body of the jurisdiction in which such
range is located; if the temporary transfer occurs and the
transferee's possession of the firearm is exclusively at a lawful
organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized
group that uses firearms as a part of the performance; (iv) to a

person who is under eighteen years of age for lawful hunting,

20

sporting, or educational purposes while under the direct supervision
and control of a responsible adult who is not prohibited from
possessing firearms; under circumstances in which the transferee
and the firearm remain in the presence of the transferor; or (vi)
while hunting if the hunting is legal in all places where the person
to whom the firearm is transferred possesses the firearm and the
person to whom the firearm is transferred has completed all training
and holds all licenses or permits required for such hunting,
provided that any temporary transfer allowed by this subsection is
permitted only if the person to whom the firearm is transferred is
not prohibited from possessing firearms under state or federal law;

A person who acquired a firearm other than a pistol by
operation of law upon the death of the former owner of the firearm
or (ii) acquired a pistol by operation of law upon the death of the
former owner of the pistol within the preceding sixty days. At the
end of the sixty-day period, the person must either have lawfully
transferred the pistol or must have contacted the department of
licensing to notify the department that he or she has possession of
the pistol and intends to retain possession of the pistol, in
compliance with all federal and state laws; or

A sale or transfer when the purchaser or transferee is a
licensed collector and the firearm being sold or transferred is a

curio or relic.

Sec. 12. RCW 9.41.124 and 2015 7 are each amended to read
as follows: I

Residents of a state other than Washington may purchase rifles
and shotguns, except those firearms defined as semiautomatic assault
rifles, in Washington: PROVIDED, That such residents conform to the
applicable provisions of the federal Gun Control Act of 1968, Title
IV, Pub. L. 90-351 as administered by the United States secretary of
the treasury: AND PROVIDED FURTHER, That such residents are eligible
to purchase or possess such weapons in Washington and in the state

in which such persons reside: AND PROVIDED FURTHER, That such

21

residents are subject to the procedures and background checks

required by this chapter.

Sec. 13. RCW 9.41.240 and 1994 sp.s. 7 423 are each amended
to read as follows:

(1) A person under twenty?one years of age may not purchase a
pistol or semiautomatic assault rifle, and except as otherwise
provided in this chapter, no person may sell or transfer a
semiautomatic assault rifle to a person under twenty-one years of
ass:-

(2) Unless an exception under RCW 9.41.042, 9.41.050, or
9.41.060 applies, a person at least eighteen years of age, but less

than twenty?one years of age, may possess a pistol only:

In the person's place of abode;
At the person's fixed place of business; or
On real property under his or her control.

(3) Except in the places and situations identified in RCW
9.41.042 (1) through (9) and 9.41.060 (1) through (10)L_a_person at
least eighteen years of age, but less than twenty?one years of age,
may possess a semiautomatic assault rifle only:

In the person's place of abode;

At the person's fixed place of business;

On real property under his or her control; or

For the specific purpose of moving to a new place of
abode; (ii) traveling between the person's place of abode and real
property under his or her control; or selling or transferring
the firearm in accordance with the requirements of this chapter;
provided that in all of these situations the semiautomatic assault
rifle is unloaded and either in secure gun storage or secured with a
trigger lock or similar device that is designed to prevent the

unauthorized use or discharge of the firearm.

Sec. 14. RCW 9.41.129 and 2005 274 203 are each amended to

read as follows:

22

The department of licensing shall keep copies or records
of applications for concealed pistol licenses provided for in RCW
9.41.070, copies or records of applications for alien firearm
licenses, copies or records of applications to purchase pistols gr

semiautomatic assault rifles provided for in RCW 9.41.090, and

 

copies or records of pistol or semiautomatic assault rifle transfers
provided for in RCW 9.41.110. The copies and records shall not be

disclosed except as provided in RCW 42 

NEW SECTION. Sec. 15. A new section is added to chapter 9.41
RCW to read as follows:

(1) Within twelve months of the effective date of this section,
the department of licensing shall, in conjunction with the
Washington state patrol and other state and local law enforcement
agencies as necessary, develop a cost?effective and efficient
process to:

Verify, on an annual or more frequent basis, that persons
who acquired pistols or semiautomatic assault rifles pirsuant to
this chapter remain eligible to possess a firearm under state and
federal law; and

If such persons are determined to be ineligible for any
reason, notify and provide the relevant information to the chief
of police or the sheriff of the jurisdiction in which the purchaser
resides and (ii) take steps to ensure such persons are not illegally
in possession of firearms.

(2) The department of licensing, where appropriate, may consult

with individuals from the public and private sector or ask the

individuals to establish a temporary advisory committee to
accomplish the purposes in subsection (1) of this section. Members
such an advisory committee are not entitled to expense

reimbursement.

Sec. 16. RCW 9.41.010 and 2018 7 1 are each amended to read

as follows:

23

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) "Bump?fire stock" means a butt stock designed to be attached
to a semiautomatic firearm with the effect of increasing the rate of
fire achievable with the semiautomatic firearm to that of a fully
automatic firearm by using the energy from the recoil of the firearm
to generate reciprocating action that facilitates repeated
activation of the trigger.

(4) "Crime of violence" means:

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;

24

 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 of this subsection; and

Any federal or out?of?state conviction for an offense
comparable to a felony classified as a crime of violence under 
or of this subsection.

(5) "Curio or relic" has the same meaning as provided in 27
C.F.R. Sec. 478.11.

(6) "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.

(7) "Family or household member" means "family" or "household
member? as used in RCW 10.99.020.

(8) "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.

(9) "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.

(10) "Felony firearm offense" means:

Any felony offense that is a violation of this chapter;

A violation of RCW 

A violation of RCW 

 A violation of RCW 

Any felony offense if the offender was armed with a firearm
in the commission of the offense.

(ll) "Firearm" means a weapon or device from which a projectile
or projectiles may be fired by an explosive such as gunpowder.
"Firearm" does not include a flare gun or other pyrotechnic visual
distress signaling device, or a powder?actuated tool or other device
designed solely to be used for construction purposes.

(12) "Gun" has the same meaning as firearm.

(13) "Law enforcement officer" includes a general aurhority
Washington peace officer as defined in RCW l0.93.020, 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.

(l4) "Lawful permanent resident" has the same meaning afforded a
person "lawfully admitted for permanent residence" in 8 S.C. Sec.
llOl(a)(20).

(15) "Licensed collector" means a person who is federally
licensed under 18 U.S.C. Sec. 923(b).

(16) "Licensed dealer" means a person who is federally licensed
under 18 U.S.C. Sec. 923(a).

(l7) "Loaded" means:

There is a cartridge in the chamber of the firearm;

Cartridges are in a clip that is locked in place in the
firearm;

There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver;

There is a cartridge in the tube or magazine that is
inserted in the action; or

There is a ball in the barrel and the firearm is capped or

primed if the firearm is a muzzle loader.

26

(18) ?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.

(19) "Nonimmigrant alien" means a person defined as such in 8
U.S.C. Sec. llOl(a)(15).

(20) "Person" means any individual, corporation, company,
association, firm, partnership, club, organization, society, joint
stock company, or other legal entity.

(2l) "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.

(22) "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.

(23) "Sale" and "sell" mean the actual approval of the delivery
of a firearm in consideration of payment or promise of payment.

(24) "Secure gun storage" means:

A locked box, gun safe, or other secure locked storage space
that is designed to prevent unauthorized use or dischagge of a
firearm; and

The act of keeping an unloaded firearm stored by such means.

(25) "Semiautomatic assault rifle" means 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.

"Semiautomatic assault rifle" does not include antique firearms,

any firearm that has been made permanently inoperable, or agy

27

firearm that is manually operated by bolt, pump, lever, or slide
action.

ig?l ?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:

Any crime of violence:

Any felony violation of the uniform controlled substances
act, chapter 69.50 RCW, that is classified as a class felony or
that has a maximum term of imprisonment of at least ten years;

Child molestation in the second degree;

Incest when committed against a child under age fourteen;

Indecent liberties;

Leading organized crime;

Promoting prostitution in the first degree;

Rape in the third degree;

Drive?by shooting;

Sexual exploitation;

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;

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;6l.502, or by
the operation of any vehicle in a reckless manner;

Any other class felony offense with a finding of sexual
motivation, as "sexual motivation" is defined under RCW 

Any other felony with a deadly weapon verdict under RCW


(0) 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

Any felony conviction under RCW 9.4l.ll5.

28

 LEZL "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.

iggL "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.

Aggy "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.

lggi "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.
"Transfer" does not include the delivery of a firearm owned or
leased by an entity licensed or qualified to do business in the
state of Washington to, or return of such a firearm by, any of that
entity's employees or agents, defined to include volunteers
participating in an honor guard, for lawful purposes in the ordinary
course of business.

(31) "Unlicensed person" means any person who is not a

licensed dealer under this chapter.

NEW SECTION. Sec. 17. This act takes effect July l, 20l9,
except for section 13 of this act which takes effect January 1,

2019.

NEW SECTION. Sec. 18. The director of the department of
licensing may take the necessary steps to ensure that this act is

implemented on its effective date.

29

NEW SECTION. Sec. 19. If any provision of this act or its
application to any person or circumstance is held invalid or
preempted by federal law, the remainder of the act or the
application of the provision to other persons or circumstances is

not affected.

30

 EXHIBIT 3

SHAWN TIMOTHY NEWMAN
ATTORNEY AT LAW, INC.
2507 CRESTLINE DR, N.VV.

OLYMPIA, WA 98502
PH: 360?866-2322

FAX: 866-200-9941



Date: June 18. 2018
To:

Alliance for Gun Responsibility,
PO. Box 21712
Seattle, WA 981 1

RE: l-l639

I represent the Second Amendment Foundation, and it has come to our attention that the 1-1639
campaign is utilizing unreadable petitions in violation of RCW 00. This violation has the
potential to invalidate the signatures illegally gathered to date, and we demand that the sponsors correct
this violation and conform to the legal requirements.

RCW 29A.72.100 which states as follows:

The person proposing the measure shall print blank petitions upon single sheets of paper
of good writing quality (including but not limited to newsprint) not less than eleven
inches in width and not less than fourteen inches in length. Each petition at the time of
circulating, signing, and ?ling with the secretary of state must consist of not more than
one sheet with numbered lines for not more than twenty signatures, with the prescribed
warning and title, be in the form required by RCW 29A.72.110, 2928.72.17.70,

or 29A.72.130, and have a readable, full, true. and correct copy of the proposed measure
printed on the reverse side of the petition. [Emphasis added]

This mandate is derived from our state constitution which requires that an act that is revised or amended
?shall be set forth at full length.? Wash. Const. Art. 11, 37. That applies equally to the legislative and
initiative processes. State v. Thorns, 129 Wn.2d 736, 752-53 (1996). In Wash. Citizens Action of Wash.
v. State, 162 Wn.2d 142, 151-152 (2007), the State Supreme Court stated that: 1

Article 11, section 37 was intended both to ensure disclosure of the general effect of the
new legislation and to show its speci?c impact on existing laws in order to avoid fraud or
deception. Thus, a signi?cant purpose of article ll. section 37 is to ensure that those
enacting an amendatory law are fuliy aware of the proposed law?s impact on existing law.

Although RCW 29.72.100 and WAC 434-3 79?008 do not specify a font size for the ?readable? initiative
printed on the back of the petition, the presumption is that reprinting the statutory language is to fully
inform voters. The petitions for [?1639 have the proposed measure printed on the back of the sheets in
such ?ne print as to be unreadable. This is contrary to the print size used by the legislature? and the
courts? Printing the initiative language in a manner which amounts to a ?maze of ?ne print? is
unconscionable and would not be tolerated if it was a contract. See, e. g. Schroeder v. Fageol Motors,
Inc., 86 Wn.2d 256, 260 (1975').

According to the Secretary of State?s website, one of the ?Frequently Asked Questions? is:

If I am asked to sign a petition, am I entitled to read the petition or the proposed
measure before I make up my mind??

(Answer) ?Yes. State law requires that petitions contain certain infomiation, including
the full text of the measure. This includes a ballot title and summary. written by either the
Attorney General or a Superior Courtjudge. and other required information. The full text
is usually printed on the back of the petition. Sometimes petition circulators attach the
petitions to clip boards in order to make them easier to sign or easier for the circulator to
handle. Sometimes the full petition or the full text of the proposal might be folded over or
on the back. You should feel free to read any part of the petition that you think is
necessary in order for you to make up vour mind, even if that means unfolding it or
removing it from a clip board. [Emphasis added].

Clearly, if it is impossible for voters and those considering whether they should sign your petition to be
able to read any part of the petition itself because it is printed in an illegible or microscopic maze of ?ne
print, then how would they know what they are signing? Obviously, due to the microscopic maze of
?ne print used by the initiative sponsors to disguise the actual language of the initiative on the back of
their petitions, voters cannot be fully informed.

In this regard, it has been brought to our attention that not only are voters not able to read the petition
when presented with the signature sheets by the paid signature gatherers, but when confronted by voters
who can?t read the complete text of the initiative, the paid signature gathers tell the voters to ?go to the
website and read it there.? As you are aware, posting the text of the initiative on a website which may or
may not be accessible to the voters is no substitute for following the law as required in RCW
29A.72.100. Multiple reports from multiple locations around the state have been received with similar
observations, so it is possible this is a pattern of behavior possibly supported by your organization to
obscure or deceive the public about the true nature and content of this initiative proposal.

Fortunately, this problem can be corrected, and a ready solution is available for you to become
compliant with the law. Other initiatives have resolved this challenge of providing a ?readable? c0py of

 

See, generally, Statute Law Committee, Of?ce of the Code Reviser, Bill Drafting Guide
drafting guideaspx That font and size used by the Code
Reviser?s Of?ce are: Courier New font 12 point size.

2 Rules of Appellate Procedure 104(2)] the font size must be 12-point or larger. Likewise, local
Thurston County Superior Cour rules mandate 12-point font or larger [See LCR 10(d?a 

the initiative on the back of the petition by having fold-outs which would include the entire petition in
readable form when they are as many pages and as as 1-1639. While it is not up to my client to
inform you how you can become compliant with the law, this appears to be the most likely immediate
solution to ensure future signatures gathered are not invalidated by the illegal petition sheets you are

currently using.

There is also a ready solution for the completed illegal petition sheets you may have already collected.
Your campaign can contact the voters individually who have already signed these petitions and provide
them a legal copy of the petition sheet for them to sign and return to you. in this way, you will remain
compliant with the law, and be able to con?rm that the voters who signed the illegal petition sheets have
the opportunity, if they are better informed. to sign legal petition documents.

We could do that as well and engage petitioner signatories in discussions. This is consistent with the
US. Supreme Court?s decision in Doe v. Reed, 561 US. 186, 207 (2010) Alito, concurring]:

in the name of pursuing such an interest, the State would be free to require petition
signers to disclose any information that would more easily enable members of the voting
public to contact them and engage them in discussion, including telephone numbers, e-
mail addresses, and Internet aliases.

We strongly suggest that your organization comply with the law and cease using the petitions in their
present form. We also strongly urge you to become compliant with the law so that voters can be
properly informed about the petition which they are signing. We would prefer that you become
compliant with the law, but if you choose to continue, we will be forced to litigate this matter.

. Please note that we have copied this demand letter to the Secretary of State?s of?ce, the Washington
State Attorney General, and many other interested parties to ensure that everyone has been notified of
the fundamental problem with your petitions.

7W

Sh Newman. on behalf of:
Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms

Sincerely,

Cc: Washington State Attorney General
Washington State Secretary of State
Other interested parties

EXHIBIT 4

WASHINGTON STATE SUPREME COURT

Second Amendment Foundation; Citizens
Committee for the Right to Keep and Bear
Arms Tyler G. Miller; Jane

and John Does, No.
Petitioners, DECLARATION OF
TYLER G. MILLER
vs. IN SUPPORT OF
EMERGENCY MOTION
Kim Wyman, in her capacity as the FOR
Secretary of State; Paul Kramer, 1-1639 DECLARATORY AND
sponsor; and Safe Schools Safe INJUNCTIVE RELIEF

Communities PAC (aka Yes on 1639).

 

Respondents.

 

1, Tyler G. Miller, declare under penalty of perjury under the laws of the State of Washington
that the following is true and correct:

1. I am over 18 years old and competent to testify.

2. On June 18th 1 was invited to Sign 1-1639 outside the Walmart in Port Orchard, but

declined to do so for the following reasons:

DECLARATION IN SUPPORT OF 5311mm Timothy Newman
MOTION FOR DECLARATORY Attorney at Law. inc. RS
AND RELIEF WSBA 1429?

251:7 (Tresilinc Dr, 
?iiympin, Val?; 98502-432?
360?866-2322

 

When attempting to read the text of the initiative printed on the petition I noticed that no
parts of the text contained struck-through text as I had seen in other initiatives. Even in sections
that were clearly marked as amending the current language of the law, I did not see the speci?c
language being affected and therefore could not determine the context or scope of the proposed
change.

4. When I inquired as to whether the petition in my hand was the complete text I was
directed several times to the campaign website, yeson1639.org, to ?nd out more information.
When I attempted to do so I found that the website contained neither the text of the petition I was
asked to sign, nor the text of the initiative anywhere on the site, nor any links or information on
where I could ?nd the text of the initiative.

5. As I was attempting to read the text printed on the petition the signature gatherer became
increasingly agitated that I was taking too long to read the text. This was due to the extremely
small print of the text and my lack of any reading assistance (magni?cation of any kind). The
signature gatherer stated that he couldn?t waste any more time with me and that I had to either

sign it or leave. I left without signing.

 

DATE PLACE NAME (PRINT SIGN) ADDRESS
WT
6/29/2018. Bremerton. WA TYLER G. MILLER

 

 

 

6000 SHERMAN HEIGHTS ROAD

BREMERTON, WA 98312

 

 

 

DECIARATION IN SUPPORT OF Shawn Timothy Newmar
MOTION FOR DECLARATORY Attorney at Law. inc. PS
AND INJUNCTIVE RELIEF 2 WSBA 1439.3

2?30'1?1?restiine Dr, 
WA 98503-432"
3608602322