Revised Code of Washington
Chapter 43.43 - Washington State Patrol.
43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.

RCW 43.43.580
Firearms background check unit—Automated firearms background check system—Fee.

(1) The Washington state patrol shall establish a firearms background check unit to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter 9.41 RCW and the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm. The system must include the following characteristics:
(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;
(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;
(c) Assign a unique identifier to the background check inquiry;
(d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;
(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system; and
(f) Include a performance metrics tracking system to evaluate the performance of the background check system.
(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall:
(a) Provide the dealer with a notification that a firearm transfer application has been received;
(b) Conduct a check of the national instant criminal background check system and the following additional records systems to determine whether the transferee is prohibited from possessing a firearm under state or federal law: (i) The Washington crime information center and Washington state identification system; (ii) the health care authority electronic database; (iii) the federal bureau of investigation national data exchange database and any available repository of statewide local law enforcement record management systems information; (iv) the administrative office of the courts case management system; and (v) other databases or resources as appropriate;
(c) Perform an equivalency analysis on criminal charges in foreign jurisdictions to determine if the applicant has been convicted as defined in RCW 9.41.040(3) and if the offense is equivalent to a Washington felony as defined in RCW 9.41.010;
(d) Notify the dealer without delay that the records indicate the individual is prohibited from possessing a firearm and the transfer is denied or that the individual is approved to complete the transfer. If the results of the background check are indeterminate, the Washington state patrol shall notify the dealer of the delay and conduct necessary research and investigation to resolve the inquiry; and
(e) Provide the dealer with a unique identifier for the inquiry.
(3) The Washington state patrol may hold the delivery of a firearm to an applicant under the circumstances provided in RCW 9.41.090 (4) and (5).
(4)(a) The Washington state patrol shall require a dealer to charge each firearm purchaser or transferee a fee for performing background checks in connection with firearms transfers. The fee must be set at an amount necessary to cover the annual costs of operating and maintaining the firearm background check system but shall not exceed eighteen dollars. The Washington state patrol shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590. It is the intent of the legislature that once the state firearm background check system is established, the fee established in this section will replace the fee required in RCW 9.41.090(7).
(b) The background check fee required under this subsection does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(5) The Washington state patrol shall establish a procedure for a person who has been denied a firearms transfer as the result of a background check to appeal the denial to the Washington state patrol and to obtain information on the basis for the denial and procedures to review and correct any erroneous records that led to the denial.
(6) The Washington state patrol shall work with the administrative office of the courts to build a link between the firearm background check system and the administrative office of the courts case management system for the purpose of accessing court records to determine a person's eligibility to possess a firearm.
(7) Upon establishment of the firearm background check system under this section, the Washington state patrol shall notify each dealer in the state of the existence of the system, and the dealer must use the system to conduct background checks for firearm sales or transfers beginning on the date that is thirty days after issuance of the notification.
(8) The Washington state patrol shall consult with the Washington background check advisory board created in RCW 43.43.585 in carrying out its duties under this section.
(9) All records and information prepared, obtained, used, or retained by the Washington state patrol in connection with a request for a firearm background check are exempt from public inspection and copying under chapter 42.56 RCW.
(10) The Washington state patrol may adopt rules necessary to carry out the purposes of this section.
(11) For the purposes of this section, "dealer" has the same meaning as given in RCW 9.41.010.

[ 2022 c 105 § 7; 2020 c 28 § 1.]
NOTES:

Effective date—2022 c 105: See note following RCW 7.80.120.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.43 - Washington State Patrol.

43.43.005 - Comprehensive outreach and marketing strategic plan.

43.43.010 - Patrol created.

43.43.012 - Chief for a day program.

43.43.013 - Donations, gifts, conveyances, devises, and grants.

43.43.015 - Affirmative action.

43.43.020 - Appointment of personnel.

43.43.030 - Powers and duties—Peace officers.

43.43.035 - Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.

43.43.037 - Legislature—Security and protection—Duty to provide.

43.43.040 - Disability of patrol officers.

43.43.050 - Tenure of patrol officers.

43.43.060 - Suspension or demotion of probationary officers.

43.43.070 - Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—Complaint—Hearing.

43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.

43.43.090 - Procedure at hearing.

43.43.100 - Review of order.

43.43.110 - Reinstatement on acquittal.

43.43.111 - Patrol officer vehicle accidents.

43.43.112 - Private law enforcement off-duty employment—Guidelines.

43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.

43.43.120 - Patrol retirement system—Definitions.

43.43.130 - Retirement fund created—Membership.

43.43.135 - Membership in more than one retirement system.

43.43.137 - Reestablishment of service credit by former members who are members of the public employees' retirement system—Conditions.

43.43.138 - Establishing, restoring service credit.

43.43.139 - Membership while serving as state legislator—Conditions.

43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.

43.43.165 - Board may receive contributions from any source.

43.43.220 - Retirement fund—Expenses.

43.43.230 - Total service credit.

43.43.233 - Purchase of additional service credit—Costs—Rules.

43.43.235 - Service credit for paid leave of absence.

43.43.240 - Legal adviser.

43.43.250 - Retirement of members.

43.43.260 - Benefits—Military service credit.

43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.

43.43.264 - Benefit calculation—Limitation.

43.43.270 - Retirement allowances—Survivors of disabled members—Members commissioned before January 1, 2003.

43.43.271 - Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved property settlement.

43.43.274 - Minimum retirement allowance—Annual adjustment.

43.43.278 - Retirement option.

43.43.280 - Repayment of contributions on death or termination of employment—Election to receive reduced retirement allowance at age fifty-five.

43.43.285 - Special death benefit—Course of employment—Occupational disease or infection—Annual adjustment.

43.43.286 - Rights reserved to the legislature—No future contractual rights.

43.43.290 - Status in case of disablement.

43.43.295 - Accumulated contributions—Payment upon death of member.

43.43.310 - Benefits exempt from taxation and legal process—Assignability—Exceptions—Deductions for group insurance premiums or for state patrol memorial foundation contributions.

43.43.315 - Optional actuarially equivalent life annuity benefit.

43.43.320 - Penalty for falsification.

43.43.330 - Examinations for promotion.

43.43.340 - Eligible list, and promotions therefrom—Affirmative action.

43.43.350 - Determination of eligibility for examination for promotion.

43.43.360 - Probationary period.

43.43.370 - Staff or technical officers.

43.43.380 - Minimum salaries—Report.

43.43.390 - Bicycle awareness program—Generally.

43.43.395 - Ignition interlock devices—Standards—Compliance.

43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.

43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.

43.43.400 - Aquatic invasive species inspection and training.

43.43.480 - Routine traffic enforcement information.

43.43.490 - Routine traffic enforcement information—Data collection—Training materials on racial profiling.

43.43.500 - Crime information center—Established—Purpose—Functions.

43.43.510 - Crime information center—Files of general assistance to law enforcement agencies established—Runaway children—Information publicly available.

43.43.530 - Crime information center—Cost of terminal facilities.

43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.

43.43.545 - Statewide sexual assault kit tracking system.

43.43.546 - Statewide sexual assault kit tracking system—Participation by bureau of forensic laboratory services.

43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.

43.43.560 - Automatic fingerprint information system—Report.

43.43.570 - Automatic fingerprint identification system—Conditions for local establishment or operation—Rules.

43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.

43.43.585 - Washington background check advisory board.

43.43.590 - State firearms background check system account.

43.43.600 - Drug control assistance unit—Created.

43.43.610 - Drug control assistance unit—Duties.

43.43.620 - Drug control assistance unit—Additional duties—Information system on violations—Inter-unit communications network.

43.43.630 - Drug control assistance unit—Use of existing facilities and systems.

43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.

43.43.650 - Drug control assistance unit—Employment of necessary personnel.

43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.

43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.

43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.

43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.

43.43.700 - Identification and criminal history section.

43.43.705 - Identification data—Processing procedure—Definitions.

43.43.710 - Availability of information.

43.43.715 - Identification—Cooperation with other criminal justice agencies.

43.43.720 - Local identification and records systems—Assistance.

43.43.725 - Records as evidence.

43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.

43.43.735 - Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.

43.43.740 - Photographing and fingerprinting—Transmittal of data.

43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.

43.43.745 - Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local agencies—Registration of sex offenders.

43.43.750 - Use of force to obtain identification information—Liability.

43.43.751 - Biological samples for missing persons investigations.

43.43.752 - DNA identification system—Plan—Report.

43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.

43.43.7532 - DNA identification system—DNA database account.

43.43.754 - DNA identification system—Biological samples—Collection, use, testing—Scope and application of section.

43.43.7541 - DNA identification system—Collection of biological samples—Fee.

43.43.756 - DNA identification system—Analysis, assistance, and testimony services.

43.43.758 - DNA identification system—Local law enforcement systems—Limitations.

43.43.759 - DNA identification system—Rule-making requirements.

43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.

43.43.762 - Criminal street gang database—Information exempt from public disclosure.

43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.

43.43.770 - Unidentified deceased persons.

43.43.775 - Interagency contracts.

43.43.780 - Transfer of records, data, equipment to section.

43.43.785 - Criminal justice services—Consolidation—Establishment of program.

43.43.800 - Criminal justice services programs—Duties of executive committee.

43.43.810 - Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty.

43.43.815 - Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules.

43.43.820 - Stale records.

43.43.822 - County sheriff to forward registration information—Felony firearm offense conviction database—Exempt from public disclosure.

43.43.823 - Incorporation of denied firearm transaction records—Removal of record, when required—Notice—Rules.

43.43.825 - Guilty plea or conviction for certain felony crimes—Notification of state patrol—Transmission of information to the department of health.

43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.

43.43.832 - Background checks—Disclosure of information—Sharing of criminal background information by health care facilities.

43.43.8321 - Background checks—Dissemination of conviction record information.

43.43.833 - Background checks—State immunity.

43.43.834 - Background checks by business, organization, or insurance company—Limitations—Civil liability.

43.43.836 - Disclosure to individual of own record—Fee.

43.43.837 - Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.

43.43.839 - Fingerprint identification account.

43.43.840 - Notification to licensing agency of employment termination for certain crimes against persons.

43.43.842 - Vulnerable adults—Additional licensing requirements for agencies, facilities, and individuals providing services.

43.43.845 - Notification of conviction or guilty plea of certain felony crimes—Transmittal of information to superintendent of public instruction.

43.43.850 - Organized crime intelligence unit—Created.

43.43.852 - "Organized crime" defined.

43.43.854 - Powers and duties of organized crime intelligence unit.

43.43.856 - Divulging investigative information prohibited—Confidentiality—Security of records and files.

43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.

43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.

43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.

43.43.880 - Agreements with contiguous states—Jointly occupied ports of entry—Collection of fees and taxes.

43.43.885 - Scrap metal no-buy list database program.

43.43.887 - Scrap metal no-buy list database program—Washington association of sheriffs and police chiefs not liable for civil damages.

43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

43.43.930 - State fire protection services—Intent.

43.43.934 - Director of fire protection—Duties.

43.43.938 - Director of fire protection—Appointment—Duties.

43.43.939 - Director of fire protection—Adoption of minimum standard requirements for before-school and after-school programs.

43.43.940 - Fire service training program—Grants and bequests.

43.43.942 - Fire service training—Fees and fee schedules.

43.43.944 - Fire service training account.

43.43.946 - Fire services trust fund.

43.43.948 - Fire services trust fund—Expenditures.

43.43.950 - Fire service training center bond retirement account of 1977.

43.43.952 - Arson investigation information system—Findings—Intent.

43.43.960 - State fire service mobilization—Definitions.

43.43.961 - State fire service mobilization—Legislative declaration and intent.

43.43.962 - State fire service mobilization—State fire services mobilization plan—State fire resources coordinator.

43.43.963 - State fire service mobilization—Regional fire defense boards—Regional fire service plans—Regions established.

43.43.964 - State fire service mobilization—Development of reimbursement procedures.

43.43.965 - State fire service mobilization—Plan use for purposes other than fire suppression—Annual report.

43.43.970 - Law enforcement mobilization—Definitions.

43.43.971 - Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization plan.

43.43.972 - Law enforcement mobilization—Local law enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—Declaration of end of mobilization.

43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.

43.43.974 - State law enforcement mobilization—Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans.

43.43.975 - State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.