Re: Guns

[sec@moscow.com]

> At 10:40 AM 9/20/99 , you wrote:
> >then please tell me why my constitutional rights have been refused
> >in Washington State, where if I even touch a firearm, I am guilty of a
> >felony? I have committed no crime, broken no law (that I know of), never
> >even been charged (oh, a speeding ticket which I paid) yet I am
> >classified as a Criminal Felon in the eyes of the State of Washington,
> >please tell me how that serves the "public safety"?
> 
> can you explain this to me?

I am a legal resident alien (I jumped through all the hoops and all 
the incorrect information I was told by INS), I came here when I met 
and fell in love with a Moscow woman and decided I wanted our 
children to be born in a more or less free country, not the socalistic 
dictatorship that Canada has become, after I had been here 2 
years I inquired of the Whitman County Sherrifs office about getting 
a concealed carry permit for Washington State because I was 
traveling to Spokane quite a bit for business, I was told I would 
need a "Alien FireArms Permit", I made inquiries, and found out 
that to get the alien firearm permit, I would have to go through the 
whole immigration process all over again, all the clearances, letter 
from the Canadian Govt that I was not a felon, (this despite the fact 
that I had purchased several firearms here in Idaho from a federaly 
licenced dealer and had been cleared time and again).

I was then informed that since I didn't live in Washington, I would 
not be granted the permit no mater what, but that the law would 
still apply to me RE: firearms in Washington. I was classified under 
Washington Law the same as a violent criminal, unable to touch or 
posses firearms, if my wife and I were to go to a competition shoot 
in washington state, we would have to take separate cars because 
me being in the car with her firearms would constitute 
"possession". and I of course would not be able to take part except 
to watch.

here is the whole act

RCW 9.41.170  Alien's license to carry firearms--Exception. 
(1) It is a class C felony for any person who is not a citizen of
the United States to carry or possess any firearm, without first
having obtained an alien firearm license from the director of
licensing.  In order to be eligible for a license, an alien must
provide proof that he or she is lawfully present in the United
States, which the director of licensing shall verify through the
appropriate authorities.  Except as provided in subsection (2)(a)
of this section, and subject to the additional requirements of
subsection (2)(b) of this section, the director of licensing may
issue an alien firearm license only upon receiving from the consul
domiciled in this state representing the country of the alien, a
certified copy of the alien's criminal history in the alien's
country indicating the alien is not ineligible under RCW 9.41.040
to own, possess, or control a firearm, and the consul's attestation
that the alien is a responsible person.
      (2)(a) Subject to the additional requirements of (b) of this
subsection, the director of licensing may issue an alien firearm
license without a certified copy of the alien's criminal history or
the consul's attestation required by subsection (1) of this
section, if the alien has been a resident of this state for at
least two years and:  (i) The alien is from a country without a
consul domiciled within this state, or (ii) the consul has failed
to provide, within ninety days after a request by the alien, the
criminal history or attestation required by subsection (1) of this
section.
      (b) Before issuing an alien firearm license under subsection
(1) of this section or this subsection (2), the director of
licensing shall ask the local law enforcement agency of the
jurisdiction in which the alien resides to complete a background
and fingerprint check to determine the alien's eligibility under
RCW 9.41.040 to own, possess, or control a firearm.  The law
enforcement agency shall complete a background check within 
thirty
days after the request, unless the alien does not have a valid
Washington driver's license or Washington state identification
card.  In the latter case, the law enforcement agency shall
complete the background check within sixty days after the request.
      A signed application for an alien firearm license shall
constitute a waiver of confidentiality and written request that the
department of social and health services, mental health
institutions, and other health care facilities release information
relevant to the applicant's eligibility for an alien firearm
license to an inquiring law enforcement agency.
      (3) The alien firearm license shall be valid for five years
from the date of issue so long as the alien is lawfully present in
the United States.  The nonrefundable fee, paid upon application,
for the five-year license shall be fifty-five dollars plus
additional charges imposed by the Federal Bureau of Investigation
that are passed on to the applicant.  The fee shall be distributed
as follows:
      (a) Fifteen dollars shall be paid to the department of
licensing;
      (b) Twenty-five dollars shall be paid to the Washington state
patrol; and
      (c) Fifteen dollars shall be paid to the local law enforcement
agency conducting the background check.
      (4) This section shall not apply to Canadian citizens resident
in a province which has an enactment or public policy providing
substantially similar privilege to residents of the state of
Washington and who are carrying or possessing weapons for the
purpose of using them in the hunting of game while such persons 
are
in the act of hunting, or while on a hunting trip, or while such
persons are competing in a bona fide trap or skeet shoot or any
other organized contest where rifles, pistols, or shotguns are
used.  Nothing in this section shall be construed to allow aliens
to hunt or fish in this state without first having obtained a
regular hunting or fishing license.  [1996 c 295 § 11; 1994 c 190
§ 1; 1979 c 158 § 3; 1969 ex.s. c 90 § 1; 1953 c 109 § 1.  Prior: 
1911 c 52 § 1; RRS § 2517-1.]