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New AFL law passed

T

Tawnos

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Jun 4, 2008
Messages
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Washington
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As I had stated earlier, the new legislation appeared to make non sporting use of firearms illegal for LEGAL alien residents (don't even get started on illegal residence, it's a red herring). Now that the bill is passed, it is confirmed: if you are an alien resident in the state of Washington, you are denied your right to self defense.

Source: http://www.dol.wa.gov/business/firearms/faalienfaq.html

What is the new alien firearms license? This license allows you to use a firearm for hunting and sport shooting if you are a non-immigrant alien who is temporarily living in Washington State.

Can I apply for a concealed pistol license if I have an alien firearms license? No.
Click to expand...

This situation, frankly, sucks. As a citizen of the USA, I recognize the right to keep and bear arms in defense of self and family as a fundamental human right. Under the new rules, this right is removed for anyone who didn't originate here, but may have come here from other countries.
 
H

heresolong

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Oct 4, 2007
Messages
1,318
Location
Blaine, WA, ,
imported post

Gray Peterson wrote:
DOL is wrong. Look at the actual bill, not the DOL website.
Click to expand...
I just read the bill and I didn't see anything about a CPP, but it does specifically require that you be either hunting or target shooting in order to get an AFL.

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1052&year=2009

It would appear, however, that once you have the AFL you can apply for the CPP. The problem is that there is a section that says that you have to have:

(c)(i) A valid hunting license issued by a state or territory of
7 the United States; or
8 (ii) An invitation to participate in a trade show or sport shooting
9 event being conducted in this state, another state, or another country
10 that is contiguous with this state.

So essentially unless you are doing one of those two things AND have documentation, you can't legally possess a firearm, even if you had a CPP.

I suspect that the lawsuit that the NRA filed against the State of Washington will be refiled.
 
H

heresolong

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1,318
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Blaine, WA, ,
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NavyLT wrote:

The CPL requirement is still the same - an AFL holder CAN apply for a CPL. In order to get an AFL, a hunting license or sporting club membership must be obtained.

The section you quoted above, Gary, are EXCEPTIONS to the AFL requirement, not requirements for the AFL or for the CPL.
Click to expand...
That was me, not Gray. Thanks for the clarification though. It is so dang hard to read laws these days cause they make them so complicated. Fifteen pages on AFL's when we had a perfectly good law that the state just refused to follow. Why not a simple law change stating that the state must issue AFLs per the previous law?
 
R

Right Wing Wacko

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Aug 11, 2007
Messages
645
Location
Marysville, Washington, USA
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If I read it right it appears that "LEGAL alien residents" no longer need an AFL and are treated just like the rest of us. It's the NON-RESIDENT aliens that still need to get an AFL
 
T

Tawnos

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Joined
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Messages
2,542
Location
Washington
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NavyLT wrote:
heresolong wrote:
Gray Peterson wrote:
DOL is wrong. Look at the actual bill, not the DOL website.
Click to expand...
I just read the bill and I didn't see anything about a CPP, but it does specifically require that you be either hunting or target shooting in order to get an AFL.

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1052&year=2009

It would appear, however, that once you have the AFL you can apply for the CPP. The problem is that there is a section that says that you have to have:

(c)(i) A valid hunting license issued by a state or territory of
7 the United States; or
8 (ii) An invitation to participate in a trade show or sport shooting
9 event being conducted in this state, another state, or another country
10 that is contiguous with this state.

So essentially unless you are doing one of those two things AND have documentation, you can't legally possess a firearm, even if you had a CPP.

I suspect that the lawsuit that the NRA filed against the State of Washington will be refiled.
Click to expand...


The CPL requirement is still the same - an AFL holder CAN apply for a CPL. In order to get an AFL, a hunting license or sporting club membership must be obtained.

The section you quoted above, Gary, are EXCEPTIONS to the AFL requirement, not requirements for the AFL or for the CPL.
NEW SECTION. Sec. 4. A new section is added to chapter 9.41 RCW
32 to read as follows:
33 (1) A nonimmigrant alien, who is not a resident of Washington or a
34 citizen of Canada, may carry or possess any firearm without having
35 first obtained an alien firearm license if the nonimmigrant alien
36 possesses:
1 (a) A valid passport and visa showing he or she is in the country
2 legally;
3 (b) If required under federal law, an approved United States
4 department of justice ATF-6 NIA application and permit for temporary
5 importation of firearms and ammunition by nonimmigrant aliens; and
6 (c)(i) A valid hunting license issued by a state or territory of
7 the United States; or
8 (ii) An invitation to participate in a trade show or sport shooting
9 event being conducted in this state, another state, or another country
10 that is contiguous with this state.
11 (2) A citizen of Canada may carry or possess any firearm so long as
12 he or she possesses:
13 (a) Valid documentation as required for entry into the United
14 States;
15 (b) If required under federal law, an approved United States
16 department of justice ATF-6 NIA application and permit for temporary
17 importation of firearms and ammunition by nonimmigrant aliens; and
18 (c)(i) A valid hunting license issued by a state or territory of
19 the United States; or
20 (ii) An invitation to participate in a trade show or sport shooting
21 event being conducted in this state, another state, or another country
22 that is contiguous with this state.
23 (3) For purposes of subsections (1) and (2) of this section, the
24 firearms may only be possessed for the purpose of using them in the
25 hunting of game while such persons are in the act of hunting, or while
26 on a hunting trip, or while such persons are competing in a bona fide
27 trap or skeet shoot or any other organized contest where rifles,
28 pistols, or shotguns are used. Nothing in this section shall be
29 construed to allow aliens to hunt or fish in this state without first
30 having obtained a regular hunting or fishing license.
Click to expand...
Click to expand...

Look at section 4:
(3) For purposes of subsections (1) and (2) of this section, the
24 firearms may only be possessed for the purpose of using them in the
25 hunting of game while such persons are in the act of hunting, or while
26 on a hunting trip, or while such persons are competing in a bona fide
27 trap or skeet shoot or any other organized contest where rifles,
28 pistols, or shotguns are used. Nothing in this section shall be
29 construed to allow aliens to hunt or fish in this state without first
30 having obtained a regular hunting or fishing license.
Click to expand...

You may not possess a firearm for self-defense, under the new law.
 
T

Tawnos

Regular Member
Joined
Jun 4, 2008
Messages
2,542
Location
Washington
imported post

NavyLT wrote:
heresolong wrote:
Gray Peterson wrote:
DOL is wrong. Look at the actual bill, not the DOL website.
Click to expand...
I just read the bill and I didn't see anything about a CPP, but it does specifically require that you be either hunting or target shooting in order to get an AFL.

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1052&year=2009

It would appear, however, that once you have the AFL you can apply for the CPP. The problem is that there is a section that says that you have to have:

(c)(i) A valid hunting license issued by a state or territory of
7 the United States; or
8 (ii) An invitation to participate in a trade show or sport shooting
9 event being conducted in this state, another state, or another country
10 that is contiguous with this state.

So essentially unless you are doing one of those two things AND have documentation, you can't legally possess a firearm, even if you had a CPP.

I suspect that the lawsuit that the NRA filed against the State of Washington will be refiled.
Click to expand...


The CPL requirement is still the same - an AFL holder CAN apply for a CPL. In order to get an AFL, a hunting license or sporting club membership must be obtained.

The section you quoted above, Gary, are EXCEPTIONS to the AFL requirement, not requirements for the AFL or for the CPL.
NEW SECTION. Sec. 4. A new section is added to chapter 9.41 RCW
32 to read as follows:
33 (1) A nonimmigrant alien, who is not a resident of Washington or a
34 citizen of Canada, may carry or possess any firearm without having
35 first obtained an alien firearm license if the nonimmigrant alien
36 possesses:
1 (a) A valid passport and visa showing he or she is in the country
2 legally;
3 (b) If required under federal law, an approved United States
4 department of justice ATF-6 NIA application and permit for temporary
5 importation of firearms and ammunition by nonimmigrant aliens; and
6 (c)(i) A valid hunting license issued by a state or territory of
7 the United States; or
8 (ii) An invitation to participate in a trade show or sport shooting
9 event being conducted in this state, another state, or another country
10 that is contiguous with this state.
11 (2) A citizen of Canada may carry or possess any firearm so long as
12 he or she possesses:
13 (a) Valid documentation as required for entry into the United
14 States;
15 (b) If required under federal law, an approved United States
16 department of justice ATF-6 NIA application and permit for temporary
17 importation of firearms and ammunition by nonimmigrant aliens; and
18 (c)(i) A valid hunting license issued by a state or territory of
19 the United States; or
20 (ii) An invitation to participate in a trade show or sport shooting
21 event being conducted in this state, another state, or another country
22 that is contiguous with this state.
23 (3) For purposes of subsections (1) and (2) of this section, the
24 firearms may only be possessed for the purpose of using them in the
25 hunting of game while such persons are in the act of hunting, or while
26 on a hunting trip, or while such persons are competing in a bona fide
27 trap or skeet shoot or any other organized contest where rifles,
28 pistols, or shotguns are used. Nothing in this section shall be
29 construed to allow aliens to hunt or fish in this state without first
30 having obtained a regular hunting or fishing license.
Click to expand...
Click to expand...

Look at section 4:
(3) For purposes of subsections (1) and (2) of this section, the
24 firearms may only be possessed for the purpose of using them in the
25 hunting of game while such persons are in the act of hunting, or while
26 on a hunting trip, or while such persons are competing in a bona fide
27 trap or skeet shoot or any other organized contest where rifles,
28 pistols, or shotguns are used. Nothing in this section shall be
29 construed to allow aliens to hunt or fish in this state without first
30 having obtained a regular hunting or fishing license.
Click to expand...

You may not possess a firearm for self-defense, under the new law.
 
T

Tawnos

Regular Member
Joined
Jun 4, 2008
Messages
2,542
Location
Washington
imported post

NavyLT wrote:
Again, Tawnos, those are only EXCEPTIONS for non-resident aliens possessing firearms WITHOUT an AFL or a CPL. That has nothing to due with a Washington State Resident alien who has an AFL.

So the restriction for possessing a gun only for sporting purposes and not for self-defense ONLY applies to aliens who are not Washington State residents who do not have, nor are required to have an AFL.
Click to expand...
Ah, that's better, then. I wonder why the DOL is stating that AFL holders may not get CPLs, then. I blame being in Taiwan on my difficulty reading this section (and its overal level of confused writing >.<).

Thanks :)

Next step: how do we get the DOL in line with what the law says?
 
J

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
imported post

Tawnos wrote:
NavyLT wrote:
Again, Tawnos, those are only EXCEPTIONS for non-resident aliens possessing firearms WITHOUT an AFL or a CPL. That has nothing to due with a Washington State Resident alien who has an AFL.

So the restriction for possessing a gun only for sporting purposes and not for self-defense ONLY applies to aliens who are not Washington State residents who do not have, nor are required to have an AFL.
Click to expand...
Ah, that's better, then. I wonder why the DOL is stating that AFL holders may not get CPLs, then. I blame being in Taiwan on my difficulty reading this section (and its overal level of confused writing >.<;).

Thanks :)

Next step: how do we get the DOL in line with what the law says?
Click to expand...
The new law has not taken effect yet. DOL is still in compliance until then as they are still not issuing a CPL to a resident or non-resident alien. Once the law takes effect I am sure the website will be changed to reflect it. I would wait until July 26 before taking any action.
 
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