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House Bill 1604 (r4)

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Washington State Suppressor Use House Bill 1604 Fact Sheet Benefits to the State and the Public with Legal Suppressor Use: There are several good public policy reasons to allow Washingtonians to use firearm suppressors that they can already legally own. 1. Health and safety. Most firearms produce peak pressure levels in excess of 150 decibels, and Seattle firearm owners shooting at indoor urban ranges face additional noise firing in close quarters. Wearing earplugs and earmuffs in combination isn't always adequate protection against hearing loss over time. OSHA mandates hearing protection for environments above 85db. Even the best suppressor only reduces firearm noise by 20-30 decibels, taming firearm noise to somewhere between a car horn (90db) and a jet engine (120db). (source: http://www.elcaudio.com/decibel.htm and http://www.nidcd.nih.gov/health/hearing/noise.asp ) With proper hearing protection, a 20-30db reduction in noise would make a big difference to recreational Washington shooters. Firearms will still be very loud, but a little safer for those exposed to them regularly. 2. Environmental noise pollution. Both urban and rural shooters, their pets and neighbors would benefit from reduced noise pollution from recreational use of firearms with suppressors. Outdoor ranges that offer night shooting, and that have had residential neighborhoo ds encroach upon them, can reduce the audible disruption by requiring suppressors to be used after designated times. 3. State liability for workplace induced hearing loss amongst law enforcement, and consistency of RCW with law enforcement use today. Law enforcement are required to train regularly with firearms, and are at risk for hearing loss. According to the CDC NIOSH, workers compensation settlements for hearing- related conditions cost WA $4.8 million (not including medical costs) back in 1991 (source http://www.cdc.gov/niosh/docs/2001-103/ ). It is very likely that number is much higher today. As a reference, the U.S. Army saved $504.3 million by reducing hearing loss among combat arms personnel between 1974 and 1994 by implementing a hearing protection program. HB 1604 would assist any effort by WA law enforcement to do the same by encouraging legal use of suppressors.
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Washington State Suppressor UseHouse Bill 1604 Fact Sheet

Benefits to the State and the Public with Legal Suppressor Use:

There are several good public policy reasons to allow Washingtonians to use firearmsuppressors that they can already legally own .

1. Health and safety.

Most firearms produce peak pressure levels in excess of 150 decibels, and Seattle firearmowners shooting at indoor urban ranges face additional noise firing in close quarters.Wearing earplugs and earmuffs in combination isn't always adequate protection againsthearing loss over time.

OSHA mandates hearing protection for environments above 85db. Even the bestsuppressor only reduces firearm noise by 20-30 decibels, taming firearm noise tosomewhere between a car horn (90db) and a jet engine (120db).(source: http://www.elcaudio.com/decibel.htm andhttp://www.nidcd.nih.gov/health/hearing/noise.asp )

With proper hearing protection, a 20-30db reduction in noise would make a bigdifference to recreational Washington shooters. Firearms will still be very loud, but alittle safer for those exposed to them regularly.

2. Environmental noise pollution.

Both urban and rural shooters, their pets and neighbors would benefit from reduced noise

pollution from recreational use of firearms with suppressors.

Outdoor ranges that offer night shooting, and that have had residential neighborhoodsencroach upon them, can reduce the audible disruption by requiring suppressors to beused after designated times.

3. State liability for workplace induced hearing loss amongst law enforcement,and consistency of RCW with law enforcement use today.

Law enforcement are required to train regularly with firearms, and are at risk for hearingloss. According to the CDC NIOSH, workers compensation settlements for hearing-related conditions cost WA $4.8 million (not including medical costs) back in 1991(source http://www.cdc.gov/niosh/docs/2001-103/ ). It is very likely that number is muchhigher today.

As a reference, the U.S. Army saved $504.3 million by reducing hearing loss amongcombat arms personnel between 1974 and 1994 by implementing a hearing protectionprogram. HB 1604 would assist any effort by WA law enforcement to do the same byencouraging legal use of suppressors.

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Curiously, the current RCW does not include an exception for law enforcement use of suppressors. Some State law enforcement do possess and use suppressors at WA ranges,apparently unaware that they are committing a misdemeanor by using them.

4. Increase of Intra-State Commerce.

Currently individuals that legally own suppressors in WA and wish to use them, musttravel outside the state to areas such as Idaho, Oregon, and Nevada to be able to use them.This in turn funnels money into these other states, helping their revenue, rather than WAstate.

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There is one misguided argument against this bill. Will criminals will use stolensuppressors to commit crimes 'silently'? This idea is encouraged by the inaccurateHollywood depiction of 'silencers' as the weapon of secret agents, mafia, etc, anunfortunate fiction. Realistically, reducing firearm noise by 20-30 decibels will not make

any difference in the commission of a crime. Firearms are still very loud with suppressorsattached. The Hollywood depiction of whisper quiet 'silencers' is completely fictitious.

A great analogy shows the inconsistency in this state between the laws of legal ownershipand subsequent illegal use of a product:

I buy a motorcycle (Gun)I get the endorsement to ride a motorcycle (The FBI background check to own a firearm)I ride my motorcycle for recreation (I shoot recreationally)I buy a side-car (Suppressor)I can hook up my side-car in Washington but I can't use it (I can install a suppressor butnot shoot it)I can take my side-car to Oregon, Idaho, or Nevada and use it (I can shoot my suppressorin OR, ID, NV)

Current 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 amendedby law several times.

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 bythe GCA.

2. Title 2 firearms are machine guns (MG), suppressors (silencers/mufflers), Short-barreled Rifles (SBR), Short-barreled Shotguns (SBS), Destructive Devices (DD) andAny Other Weapons (AOW). The making and possession of these firearms arecontrolled by the NFA. The only firearms that can be called banned for civilian

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ownership are machine guns registered after May 19, 1986. The Firearm OwnersProtection 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 "firearmmuffler" mean any device for silencing, muffling, or diminishing the report of a portablefirearm, including any combination of parts, designed or redesigned, and intended for usein assembling or fabricating a firearm silencer or firearm muffler, and any part intendedonly for use in such assembly or fabrication.

Penalties: Title 18 Chap. 44 section 924 provides for penalties of thirty years to life foruse 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 $1000yearly.

Subsection 5811 requires a $200 tax be paid on each silencer transferred. This tax is paidby the transferor. It is paid whenever a silencer is transferred between two unlicensedpersons or from a licensed dealer to an unlicensed person.

Subsection 5841 requires that records be maintained for all silencers and other title 2firearms. This record is called the National Firearms Registration and Transfer Record.

Title 27 CFR Chapter II Part 479—Machine Guns, Destructive Devices, andCertain 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 asilencer.

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

Although ATF authorization is required for every silencer purchased or made by anindividual, 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 astamp state for silencer purchase.

Current Washington State Law:

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

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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, andWY.

KS and MO were the last two states to recently amend their laws to allow civilians toown silencers. Washington is the only state that allows civilian silencer ownership butalso prohibits their use.

Silencer use was allegedly banned in 1934 after some poachers were caught using themin 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 enforcementofficers.

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 kindusually known as slung shot, sand club, or metal knuckles, or spring blade knife, or anyknife the blade of which is automatically released by a spring mechanism or othermechanical device, or any knife having a blade which opens, or falls, or is ejected intoposition by the force of gravity, or by an outward, downward, or centrifugal thrust ormovement;(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerousweapon; or

(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 knives, but not silencers. Silencer use isprohibited for anyone including police, military and licensed gun dealers in WashingtonState.

Washington law (9.41.190) also prohibits machine guns (MG), short barreled rifles(SBR), and short barreled shotguns (SBS). But it exempts the police, military andlicensed dealers.

Bill 1604:

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

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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 guiltyof 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 registeredwith the federal government. Every Washington resident that purchased a registeredsilencer was authorized to do so by the Bureau of Alcohol, Tobacco, Firearms andExplosives (BATFE / ATF).

This means that they filled out a tax stamp application, which was signed by the sheriff intheir 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 sentback to the buyer could they actually take physical custody of the silencer. This processusually takes three to six months. There have been many more applications submitted tothe ATF since the last election due to fears that additional restrictions would be placed onfirearms 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 issuedregistered silencers, nobody is allowed to use them on a firearm unless they leave thestate. Passing bill 1604 into law will merely allow us to use our silencers; it will notchange anything else.

Passing bill 1604 will not encourage crime as silencers are already readily available toanyone who can own a firearm. The current penalty for use of a silencer is a grossmisdemeanor; $5000 fine and/or one year confinement. The punishments for assaults ormurder in Washington can be much more severe. The federal penalties for use of asilencer 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 toimplement bill 1604 if it is passed by the state government. The fiscal benefit to smallbusinesses such as licensed firearms dealers will be small but significant.

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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/

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Appendix:

Page 7: BATFE Form 1 Example (Front)Page 8: BATFE Form 1 Example (Back)Page 9: BATFE Form 4 Example (Front)Page 10: BATFE Form 4 Example (Back)Pages 11-12: House Bill 1604Page 13: Template for Petitioning your Senator/Representatives to Support

HB 1604Page 14: Template for Requesting Suppressor Statistics from your Local

Sheriff Pages 15-28: Report on Criminal Use of Firearm Silencers

Many thanks to 'Ranb', '8ball', & 'sasquatch98226' (www.northwestfirearms.org/) for making thisdocument possible.

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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 SupportHouse 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' fordistrict type, and after you click 'Find My District', your District and Legislators will belisted. Click on the Senator/Representative for your District, and it will re-direct you to aprofile page, and below the address you will see a 'E-mail' link. Click that, and you willbe 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':

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

I would like to voice my support for Bill 1604, and would like to know your standing onthe 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 RepresentativeJamie 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-

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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 [email protected] Muster [email protected]

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