The way Firearm Prohibition Orders are to be reported changed with the 2009 Legislation. What are the specific changes that affect the courts?
Legislation was passed in 2009 that affects the reporting requirements of firearm prohibition orders (HB 1498) for both involuntary commitments and convictions.
Effective July 26, 2009, all Washington state courts processing involuntary commitments and cases found not guilty by reason of insanity (under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW) must report the firearm prohibitions to the Department of Licensing (DOL) and the National Instant Crime Background Check System Index, denied persons file (NICS), within three judicial days. However, if the court processes a conviction that results in a prohibition against possessing a firearm, only DOL must be notified within three judicial days. Additionally, all firearm restoration orders due to involuntary commitments must be sent to DOL, NICS, and DSHS, within three judicial days.
The AOC contacted NICS to obtain an address to direct the firearm notices. NICS advised that an agency must be approved by them prior to accepting data into their system, and that data must be sent electronically by the state. AOC developed a data exchange with NICS in order to facilitate this process, which was not able to be completed prior to the July 26, 2009, implementation date.
As of November 2, 2009, the Firearms Reporting for Mental Health Commitments web application is available for use by all courts. The application can be located on the Court Management page and the Reports page within the Court Resources section of Inside Courts. For more information on this application, see eService Answer ID - Firearms Reporting for Mental Health Commitments.
The AOC has developed a model Notice of Ineligibility to Possess Firearms form that meets statutory requirements for the courts to use to create their own local form. This form is for use with mental health treatment under Chapter 71.05 RCW, Chapter 71.34 RCW, or Chapter 10.77 RCW, and is attached at the bottom of this answer.
Upon a conviction entered on an offense that results in a prohibition against possessing a firearm the court should use the appropriate court level Judgment and Sentence, Order on Adjudication, or Misdemeanor Notice of Ineligibility to Possess a Firearm pattern form. Each court should send the form and the following information to the Department of Licensing within three judicial days, if applicable:
- A copy of the person's driver's license or identification card or comparable information.
- The date of conviction.
Send paper copies to:
Department of Licensing
PO Box 9649
Olympia WA 99999-9999
Or,send PDF copies to: firstname.lastname@example.org
A nightly data exchange to DOL - Firearms includes reports in the following categories:
- Adult Criminal DV-Related Misdemeanor Cases
- Qualifying Juvenile Offender Cases
- Extreme Risk Protection Orders
- Convicted Felon Information
The criteria for each report and the ability to run reports of case information sent to DOL can be found on Inside Courts at: Electronic Reporting of Case Information to the Department of Licensing (DOL) Firearms Section EDR Reports
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