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Washington State Suppressor Use

House Bill 1604 Fact Sheet

FEDERAL LAW:

In the United States, the ownership of firearms is controlled by the Gun Control Act

(GCA) of 1968 and the National Firearms Act (NFA) of 1934. Both have been amended

by law several times. The most recent change was the Assault Weapons Ban of 1994

which sunset in 2004.

The federal government does not ban any type of firearm, but it does control most of

them in some fashion. Firearms can be separated into two groups:

1. Title 1 firearms are rifles, shotguns and handguns. These firearms are controlled by

the GCA.

2. Title 2 firearms are machine guns (MG), suppressors (silencers/mufflers), Short-

barreled Rifles (SBR), Short-barreled Shotguns (SBS), Destructive Devices (DD) and

Any Other Weapons (AOW). The making and possession of these firearms are

controlled by the NFA. The only firearms that can be called banned for civilian

ownership are machine guns registered after May 19, 1986. The Firearm Owners

Protection Act of 1986 banned registration of new machine guns for civilian use.

Gun Control Act (18 U.S.C. Chapter 44)

Silencer definition: Section 921 (a) (22) The terms "firearm silencer" and "firearm

muffler" mean any device for silencing, muffling, or diminishing the report of a portable

firearm, including any combination of parts, designed or redesigned, and intended for usein assembling or fabricating a firearm silencer or firearm muffler, and any part intended

only for use in such assembly or fabrication.

Penalties: Title 18 Chap. 44 section 924 provides for penalties of thirty years to life for

use of silencers during a crime of violence or drug trafficking.

National Firearms Act (26 U.S.C. Chapter 53) Internal Revenue Code

Subchapter A section 5801. Persons engaging in the business of importing,

manufacturing or dealing in silencers pay the Special Occupational Tax of $500 to $1000

yearly.

Subsection 5811 requires a $200 tax be paid on each silencer transferred. This tax is paid

by the transferor. It is paid whenever a silencer is transferred between two unlicensed

persons or from a licensed dealer to an unlicensed person.

Subsection 5841 requires that records be maintained for all silencers and other title 2

firearms. This record is called the National Firearms Registration and Transfer Record.

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Title 27 CFR Chapter II Part 479Machine Guns, Destructive Devices, and

Certain Other Firearms

Subsection 479.11 Defines a silencer as a firearm.

Subpart E requires that a $200 tax be paid prior to any unlicensed person making a

silencer.

Subpart F requires a $200 tax be paid prior to transfer of any silencer to an unlicensed

person.

Although ATF authorization is required for every silencer purchased or made by an

individual, it is a routine matter. Anyone who can legally own a firearm, lives in one of

the thirty-eight state that allow them and fills out the application properly will be issued a

stamp state for silencer purchase.

WASHINGTON STATE LAW:

Unlike Federal law, Washington State law does not define silencers as firearms. The only

place they are referred to at all is in RCW 9.41.250.

Thirty-eight states allow unlicensed civilians to own silencers. They are AL, AR, AK,

AZ, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MO (with C&R), MS, MT, NE,

NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and

WY.

KS and MO were the last two states to recently amend their laws to allow civilians to

own silencers. Washington is the only state that allows civilian silencer ownership but

also prohibits their use.

Silencer use was allegedly banned in 1934 after some poachers were caught using them

in an attempt to cover up their crime. (I have no evidence to support or oppose this claim;

if anyone does, please let me know)

RCW 9.451.250 Dangerous weapons - Penalty - Exemption for law enforcement

officers.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.250

(1) Every person who:

(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind

usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any

knife the blade of which is automatically released by a spring mechanism or other

mechanical device, or any knife having a blade which opens, or falls, or is ejected into

position by the force of gravity, or by an outward, downward, or centrifugal thrust or

movement;

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous

weapon; or

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(c) Uses any contrivance or device for suppressing the noise of any firearm,

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

(2) Subsection (1)(a) of this section does not apply to:

(a) The possession of a spring blade knife by a law enforcement officer while the officer:

(i) Is on official duty; or

(ii) Is transporting the knife to or from the place where the knife is stored when theofficer is not on official duty; or

(b) The storage of a spring blade knife by a law enforcement officer.

There is a police exemption for a spring blade knife, but not silencers. Silencer use is

prohibited for anyone including police, military and licensed gun dealers in Washington

State.

Washington law (9.41.190) also prohibits machine guns short barreled rifles (SBR) and

short barreled shotguns (SBS). But it exempts the police, military and licensed dealers.

Bill 1604

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1604&year=2009

Passage of HB 1604 would merely change part (c) to read:

(c) Uses any contrivance or device for suppressing the noise of any firearm unless the

suppressor is legally registered and possessed in accordance with federal law, is guilty

of a gross misdemeanor punishable under chapter 9A.20 RCW.

Consequences of House Bill 1604 passage:

Since it is illegal to own an unregistered silencer anywhere in the United States, the onlysilencers legally owned by individuals in Washington State are those that are registered

with the federal government. Every Washington resident that purchased a registered

silencer was authorized to do so by the Bureau of Alcohol, Tobacco, Firearms and

Explosives.

This means that they filled out a tax stamp application, which was signed by the sheriff in

their county. It was then sent it in to the ATF along with finger print cards and a check

for $200. Prior to ATF approval, the FBI performed a background check to ensure that

individual could legally own a silencer. Only after the tax stamp application was sent

back to the buyer could they actually take physical custody of the silencer. This process

usually takes three to six months. There have been many more applications submitted to

the ATF since the last election due to fears that additional restrictions would be placed on

firearms ownership.

There are several licensed dealers in Washington State that sell silencers to residents.

Although many Washington residents and some police officers own or are issued

registered silencers, nobody is allowed to use them on a firearm unless they leave the

state. Passing bill 1604 into law will merely allow us to use our silencers; it will not

change anything else.

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Passing bill 1604 will not encourage crime as silencers are already readily available to

anyone who can own a firearm. The current penalty for use of a silencer is a gross

misdemeanor; $5000 fine and/or one year confinement. The punishments for assaults or

murder in Washington can be much more severe. The federal penalties for use of a

silencer during a crime can be up to life in prison.

There is no fiscal note for bill 1604. This means there is no cost to the government to

implement bill 1604 if it is passed by the state government. The fiscal benefit to small

businesses such as licensed firearms dealers will be small but significant.

----------------------------------------------------------

Useful WWW links:

BATFE Homepage http://www.atf.gov/

Licensing and Registration http://www.atf.gov/forms/firearms/

Links to Laws http://www.atf.gov/regulations-rulings/laws/

----------------------------------------------------------

Appendix:

Page 5: BATFE Form 1 Example (Front)

Page 6: BATFE Form 1 Example (Back)

Page 7: BATFE Form 4 Example (Front)

Page 8: BATFE Form 4 Example (Back)

Pages 9-10: House Bill 1604

Page 11: Template for Petitioning your Senator/Representatives to Support

HB 1604Page 12: Template for Requesting Suppressor Statistics from your Local

Sheriff

Pages 13-26: Report on Criminal Use of Firearm Silencers

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H-0647.1 _____________________________________________

HOUSE BILL 1604_____________________________________________

State of Washington 61st Legislature 2009 Regular Session

By Representatives Condotta, Kretz, Crouse, Ross, Armstrong, and Upthegrove

Read first time 01/26/09. Referred to Committee on Judiciary.

1 AN ACT Relating to firearm noise suppressors; and amending RCW

2 9.41.250.

3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

4 Sec. 1. RCW 9.41.250 and 2007 c 379 s 1 are each amended to read

5 as follows:

6 (1) Every person who:

7 (a) Manufactures, sells, or disposes of or possesses any instrument

8 or weapon of the kind usually known as slung shot, sand club, or metal

9 knuckles, or spring blade knife, or any knife the blade of which is

10 automatically released by a spring mechanism or other mechanical

11 device, or any knife having a blade which opens, or falls, or is

12 ejected into position by the force of gravity, or by an outward,

13 downward, or centrifugal thrust or movement;

14 (b) Furtively carries with intent to conceal any dagger, dirk,

15 pistol, or other dangerous weapon; or

16 (c) Uses any contrivance or device for suppressing the noise of any

17 firearm unless the suppressor is legally registered and possessed in

18 accordance with federal law,

19 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

p. 1 HB 1604

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1 (2) Subsection (1)(a) of this section does not apply to:

2 (a) The possession of a spring blade knife by a law enforcement

3 officer while the officer:

4 (i) Is on official duty; or

5 (ii) Is transporting the knife to or from the place where the knife

6 is stored when the officer is not on official duty; or

7 (b) The storage of a spring blade knife by a law enforcement8 officer.

--- END ---

HB 1604 p. 2

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Template for Petitioning your Senator/Representatives to Support

House Bill 1604

The most effective way to petition support for HB 1604 from your district Senator and

Representatives, is to visit the Washington State Legislature website at:

http://apps.leg.wa.gov/DistrictFinder/

Verify your District by entering your address where indicated, select 'Legislative' for

district type, and after you click 'Find My District', your District and Legislators will be

listed. Click on the Senator/Representative for your District, and it will re-direct you to a

profile page, and below the address you will see a 'E-mail' link. Click that, and you will

be re-directed to another page. Enter your address, and click next.

Under 'Contact Information', fill this out with your personal information.

Under 'Response', check the top box (requesting reply).

Under 'Bill of Interest', enter '1604', and select 'For'.

Under 'Message', for 'Subject' write 'Please support HB 1604', and use the following forthe 'Message Text':

----------------------

Dear Mr/Mrs -Senator/Representative Last Name-,

I would like to voice my support for Bill 1604, and would like to know your standing on

the bill, whether you are willing to support it or not?

This bill does not modify the legality of owning suppressors in WA state, nor does it add

a fiscal note (no cost to the government). Passing bill 1604 into law will merely allow usto use our legally registered suppressors; it will not change anything else.

If you are willing to support this bill, and I hope you will, PLEASE let Representative

Jamie Pederson know that this is a priority, as he claims he will give the bill a hearing if

told its a priority.

Best wishes,

-Your Name-

----------------------

You may choose to write your Senator and copy the message to your Representatives(optional check box under 'Response'), or e-mail them all individually.

If you receive a response, please forward it to:

Randy Bragge ranb40@yahoo.com

Jeanot Muster musterj@uw.edu

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Template for Requesting Suppressor Statistics from your Local

Sheriff

Locate your County Sheriff's address and name using this website:

http://www.washeriffs.org/counties.htm

Send a letter to your Sheriff (don't use e-mail, we need official documents from their

offices) using the following template:

----------------------

-Date-

-Sheriff's Office Address-

Sheriff-Last Name-,

I am discussing the merits of House Bill 1604 (change restrictions on firearm noise

suppressors) with several of my Representatives in Olympia. One piece of information

they desire is whether or not any crimes have been committed with suppressors in the

State.

Does the -Your County- County Sheriffs Office have any experience with persons

breaking the law (RCW 9.41.250) banning suppressor use? Has anyone in -Your County-

County ever been arrested for committing any crime involving a suppressor? Are there

any misdemeanor or felony convictions involving suppressors in -Your County- County?

If there have been any arrests or convictions, can you provide me with a case number(s)or other information?

Any information you can provide would be greatly appreciated. Thank you.

Respectfully yours,

-Your Name-

-Your Address-

-Your Phone Number-

----------------------

If you receive a response, please forward it to:

Randy Bragge ranb40@yahoo.com

Jeanot Muster musterj@uw.edu

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