Lewis County Sirens.com

Llacye Faye Link, right, and her friend wipe away tears as the court hearing comes to a close.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Lewis County Superior Court Judge James Lawler gave 23-year-old Kyle J. Davison three years in prison for the events more than a year ago involving his former girlfriend’s 4-month-old baby girl, a child who is severely brain damaged.

Davison made a so-called Alford plea last month to third-degree assault of a child, in the case that was at first charged straightforwardly as a “shaken baby” case.

The two lawyers agree he acted negligently when the little girl began choking while in his care, but doctors offered conflicting medical opinions, Judge Lawler told the courtroom on Friday afternoon.

“It’s that uncertainty that led to the charges being changed to assault third,” Lawler said. “There’s just no definitive answer.”

Kyle J. Davison

Davison and the baby’s mother, Llacye Faye Link, told police he was watching her when she began choking and stopped breathing and he tried to revive the infant – by patting her back, and then he got scared and shook her – before carrying her to a neighboring apartment to get help.

It happened in Morton in October of last year. Davison is from Mineral.

Lewis County Senior Deputy Prosecutor Will Halstead recommended to the judge that Davison be sentenced to five years, the longest amount possible, given the conviction. Defense attorney Sam Groberg asked he be sentenced to time served, which is already more a year.

Azlynne Faye Link, now 18 months old, has been home since August with her mother in Morton.

Azlynne Faye Link

“I think the important thing the court needs to know is the injuries are lifelong,” Halstead said. “The prognosis is not good.”

The baby’s paternal grandmother spoke to the court, saying her granddaughter couldn’t speak for herself.

“She will have a lifetime of misery,” Ruth Crear told the judge. “Please do not let this go unpunished.”

Llacye Faye Link addressed the court as well, asking Lawler to release Davison.

Groberg told the judge his medical expert found after examining all the child’s medical records that before the incident, some of the hallmarks of shaken baby syndrome were present.

“What’s important is Mr. Davison didn’t do an act to harm the child, he was trying to help the child,” Groberg said. “And maybe he didn’t do it right.”

As part of the plea deal, the two sides stipulated the baby was more seriously injured than what would normally accompany a third-degree assault.

Groberg read a lengthy statement from his client, that paralleled what the defendant told police.

“I love Azlynne and Llacye with all my heart and would do nothing to hurt either of them,” Groberg read. “If I could change what happened, trust me, I would.”

Lawler signed an order prohibiting Davison from any contact with the child for five years.

“As Mr. Groberg argues, there’s no evidence of anger, there’s no evidence of malice here,” Lawler said. “Those are the reasons I’m not going to the top of the range.”
•••

For background, read “Morton “shaken baby” case resolved with plea deal” from Sunday November 23, 2014, here

Phillip A. Pinotti sits at the defendant’s table during his bail hearing in Lewis County Superior Court.

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Twenty-two-year-old Phillip A. Pinotti was brought before a Lewis County Superior Court judge yesterday, facing three serious charges following his flight from a misdemeanor warrant arrest – and a gunshot – earlier this week in Centralia.

The left side of the Adna resident’s face was speckled with red marks, presumably from the shattered glass of his car window when a court security officer fired at him outside the Chronicle building, on West Maple Street.

A bullet was found on the front passenger seat of his blue Subaru; there was a cut in the fabric of the headliner inside the car, similar to a bullet entry point, according to court papers.

Pinotti was charged yesterday with first-degree assault, third-degree escape and tampering with evidence. He allegedly tried to run down the court security officer with his car following a short foot pursuit out of court, that ensued as he was being taken into custody, and then had friends hide his car in his own garage.

Lewis County Prosecutor Jonathan Meyer asked a judge yesterday afternoon to hold Pinotti in jail pending trial on $200,000 bail.

Meyer noted the defendant has shown the steps he’s willing to take to avoid coming to court.

Defense attorney Joely O’Rourke told the judge she understood he would have some concerns, but that Pinotti has lived in Lewis County since he was 14 years old and has “absolutely no felony history”.

Judge Richard Brosey set bail at $50,000.

Pinotti had gone to Centralia Municipal Court on Tuesday morning on a charge of driving under the influence. While there, the judge discovered he had a warrant from Chehalis Municipal Court and ordered him taken into custody. That’s when he bolted and managed to evade police for almost 24 hours.

According to charging documents, when he was located yesterday morning at a friend’s home on Bishop Road in Chehalis, he exited the room with his hands visible, and provided Lewis County Sheriff’s Office detective Dan Riordan a handwritten note indicating he was sorry for the incident.

He reportedly admitted to running from the officer saying he wanted to avoid going into custody because he wanted to see his girlfriend.

Charging documents offer details about how he got away and about how he allegedly attempted to assault the court security officer using his vehicle as a weapon.

According to the allegations:

After Pinotti broke free and fled the building, Centralia Municipal Court Officer Steve Howard gave chase, across Pearl Street, west to the next block.

Pinotti’s Subaru was parked on the south side of Maple Street, next to the sidewalk outside the Chronicle, behind another car.

“As Pinotti got into his car, and the officer took position near the front driver side of the vehicle. The officer had his weapon drawn and gave Pinotti direct orders to stop. The defendant entered the vehicle.

“According to the officer, the vehicle lunged forward, and, at that time, the officer discharged his firearm.”

Pinotti placed his car in reverse, drove backwards at a high rate of speed, and fled the area.

Four of Pinotti’s friends also went before a judge yesterday afternoon, accused of helping him hide.

Eighteen-year-old Miguel V. Martinez and 22-year-old Kayla Burleson rode together with Pinotti that morning to go to court, as they all had hearings, but Burleson was sick, so she and Martinez were outside and may have witnessed the escape, according to court papers. Prosecutors indicate they met up with him in the area and then took the car, drove it to Pinotti’s in Adna and parked it in his garage.

The two, who live in Centralia, were each charged today with first-degree rendering criminal assistance and tampering with evidence.

Prosecutor Meyer asked Judge Brosey to hold Burleson on $50,000 bail, but he set it at $10,000.

“Now that I see what’s actually charged, I think that’s appropriate,” Brosey said.

Martinez’s bail was set at $50,000, the same as his bail in an ongoing case of his, because he failed to show up to a drug treatment facility in Vancouver, as ordered.

Burleson reportedly told police that when she found Pinotti, he was slumped over in the driver’s side of his car holding a towel to his face. Martinez said that was at the “penny candy” store. She told deputies he grabbed a backpack and another bag, saying he didn’t want to leave his drugs in the car, court papers state.

Detective Riordan was given information by an un-named person or persons who said Pinotti was picked up from Martinez’s home in Centralia and driven to the LaBree Road area outside Chehalis, hiding under a blanket on the floorboard of the vehicle, according to the documents.

It was just before 9 a.m. on Wednesday when Riordan knocked on the door at the 1600 block of Bishop Road and asked Jaelynn N. Pluard, 22, and her boyfriend, Krystofer M. Yates,19, where Pinotti was.

Pinotti gave himself up.

Pluard and Yates were each charged yesterday with first-degree rendering criminal assistance, and are going to be represented by private attorneys.

Meyer asked they be held on $50,000 bail, but the judge set it at a more modest $5,000 for Pluard and $10,000 unsecured for Yates.

The Lewis County Sheriff’s Office said Yates was booked also on a drug offense, as suspected heroin was found in his wallet, but charging documents provided by the prosecutor don’t reflect any drug charge.

Centralia police and sheriff’s deputies together on Tuesday pursued tips to locate Pinotti, and charging documents suggest sheriff’s detective Riordan is the lead on investigating the alleged crimes of the five young people.

Separately, Centralia Police Department Chief Bob Berg said he requested the actions of court security Officer Howard be investigated by the multi-county shooting review team. The police department said primary responsibility for that would be assumed by the Lewis County Sheriff’s Office.

It’s the third time this year a Centralia officer has fired at someone. The other two instances were fatal, one in which the suspect-victim held a knife and the other with a handgun.

They stemmed from incidents, separately, of an attempt to contact a “suspicious person” and with the the shoplifting of a burrito.

Officer Howard has a limited commission and handles courtroom security for the city. The retired California Highway Patrol officer has been placed on administrative leave pending the results of the shooting investigation.

According to Pinotti’s criminal charging documents, Howard indicated that he fired his weapon in fear for his safety, because Pinotti’s vehicle was being used as a weapon against him.

Pinotti’s charging documents also indicate, that as Pinotti sped backwards on Maple Street heading west and away from the scene, his driver’s side window fell out of his car and was found laying on Maple Street.

In previous officer-involved shootings, Prosecutor Meyer has analyzed the findings from the multi-county shooting review team to make a decision about whether the officer’s use of deadly force was justified or criminal. In the most recent instance, Meyer said an officer must have probable cause to believe that the person “poses a threat of serious physical harm to the officer.”

The next step has been for the police chief to convene an internal use of force review board, to help him conclude if the officer followed department policy.

It appears Howard drew his weapon to prevent Pinotti from driving away.

One witness who said she watched the escape from where she was parked across Maple Street from Centralia Municipal Court said she was surprised to learn later a shot was fired. She didn’t hear one, Sarah Gee of Toledo said.

“The problem is, in no way, shape or time did the kid go forward,” Gee said. “The vehicle never moved forward.”

Gee said she was sitting in her car when she saw “the kid” pull away from the court security officer, through the glass doors of the municipal building.

The 25-year-old said she watched who she later learned was Pinotti run outside, at first into the street, then back to the sidewalk and then down the block to the north side of the Chronicle building, with the guard following.

Gee said she stepped out of her car and watched.

“I could hear a commotion, but I couldn’t see, because the first car blocked my view,” she said of the vehicle parked in front of the Subaru.

Next, she saw “the kid” at his driver’s door and the officer standing in the middle of the street, she said.

She described the officer as taking a “drawing stance” and pointing his gun at the car.

“I saw the kid speed down the middle of the road backwards,” she said. “And flip into the Rollerdrome lot and take off.”

Gee said she had given Jaelynn Pluard a ride to court that morning, and was just waiting for her outside. They left after 10 or 15 minutes, she said. She said she doesn’t know Pinotti.
•••

For background, read “Five jailed in connection with Pinotti’s attempt to stay out of jail” from Thursday December 18, 2014, here

The view looking west on Maple Street, outside the Centralia municipal building toward the Chronicle.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Four young people have been arrested after two instances of “buyers” snatching and running off with items from individuals selling through Facebook.

A 20-year-old woman who arranged to meet up with a purported buyer at W.F. West High School after dark on Monday night lost a gold necklace and matching bracelet to a male she only knew as “Tyler Frank Best”.

The night before, a 16-year-old boy was going to sell  a bicycle frame to an acquaintance on Southwest Chehalis Avenue, when a male he did not know approached him, grabbed the bike and threatened him with brass knuckles.

In both cases, the victims noticed a white car nearby, according to the Chehalis Police Department.

Officers suspected 19-year-old Andrew Gastfield was involved as that was who the 16-year-old boy intended to meet near Thorkbekes, according to police. And the boy said after the incident, he followed the male through a field and saw him put the bike in the white car; and also saw Gastfield was one of two or three other people in the vehicle as it passed, according to court documents.

By Tuesday night, Chehalis Officer Matt McKnight had set up a Facebook account under a fictitious name, and arranged to meet Gastfield to purchase a cell phone, according to police.

Charging documents say police waited in Wal-Mart’s parking lot. Detective Sgt. Gary Wilson said the meet took place at K-Mart.

Gastfield said he’d be in a white T-Bird and when it arrived, officers arrested a 16-year-old girl, a 17-year-old boy, 19-year-old Gastfield, and the driver, 24-year-old Matthew B. Meyer, according to authorities.

Charges of robbery and theft are pending for each of them, according to the Chehalis Police Department.

Said Wilson: “I want people to be leery of these meetings.”

“Meet in a well lit, if not daylight, at least crowded, places,” he said.

When McKnight searched Gastfield, he found in his pocket a yellow gold necklace and matching bracelet, according to court documents; and in Meyer’s car, police found a set of brass knuckles.

Not all of the suspects were booked that night, and not all of them were present at each of the two robberies, according to Wilson. But he suspected if they’d have continued, someone would have gotten hurt.

“They were starting to have fun with it,” he said. “(And eventually), either they’re going to do something, or they’re going to meet up with the wrong person.”

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Four young people are now locked up for reportedly helping hide the 22-year-old Adna man, who drew gunfire from an officer as he fled arrest for a misdemeanor warrant in Centralia.

Phillip A. Pinotti faces a first-degree assault charge for allegedly trying to run down a court security officer with his car following a short foot pursuit out of Centralia Municipal Court on Tuesday morning.

Phillip A. Pinotti

The driver’s side window of Pinotti’s blue Subaru was shattered, but Pinotti’s injuries were limited to cuts on his face from the glass, according to authorities. He sped away and while his car was located that afternoon inside his garage in Adna, he wasn’t found until yesterday morning, at a residence on Bishop Road in Chehalis.

Deputies yesterday morning also arrested the resident of the home, Krystofer M. Yates, 19, and Yates’ girlfriend, Jaelynn N. Pluard, 22, who allegedly hid Pinotti. Both were booked into the Lewis County Jail for rendering criminal assistance.

Yates was additionally booked on a drug offense, as suspected heroin was found in his wallet, according to the Lewis County Sheriff’s Office.

How and when Pinotti got to Bishop Road is unclear. Where he was for almost 24 hours is unknown.

But court documents give some ideas of how he managed to get out of Centralia and evade multiple officers who converged following the morning incident on West Maple Street – which took place between Centralia City Hall, where both the municipal court and police department are housed, and the next block to the west outside The Chronicle building.

Two of Pinotti’s Centralia friends were arrested the same afternoon at his home, also for rendering criminal assistance.

Eighteen-year-old Miguel V. Martinez and 22-year-old Kayla Burleson gave varying versions to law enforcement officers of what transpired.

One version has Tuesday morning beginning with the three of them driving together in Pinotti’s car to Centralia, as they all had court.

Martinez and Burleson appeared in Lewis County Superior Court before a judge yesterday afternoon  but no charges were filed. Lewis County Chief Criminal Deputy Prosecutor Brad Meagher asked the judge to continue to hold them in jail because the investigation was not complete.

Centralia Municipal Court security Officer Steve Howard was’t scheduled until this morning to be interview by detectives about his role, Meagher told the judge. Police Chief Bob Berg has said Officer Howard fired one shot, and it entered the vehicle.

Meagher’s declaration of probable cause to hold the pair, offered some details about the time period immediately following the escape from court.

It appears Burleson was sick and vomiting and didn’t attend her court hearing, but she and Martinez were across a parking lot in an alley just north of the Chronicle, according to the document.

The two either did or did not see Pinotti entering his vehicle and fleeing, but Martinez said they walked to the penny candy store north of there and met up with Pinotti, according to the document.

Martinez said he drove the car with Burleson in it to Adna, the document states.

Pinotti and his four friends are all scheduled to appear this afternoon in Lewis County Superior Court, to face whatever charges are filed.
•••

For background, read “Adna resident wanted for attempt to run down court officer located in Chehalis” from Wednesday December 17, 2014, here

Sheriff’s deputies wait for a search warrant after finding suspect’s car at his rural Chehalis home.

Updated at 3:54 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

CENTRALIA – Police are looking for a 22-year-old man who sped away after a court security officer fired a round into his driver’s window this morning near Centralia City Hall.

Phillip A. Pinotti was being taken into custody at Centralia Municipal Court when he slipped away from the officer, ran down the street, got into a car and apparently drove toward the officer, according to the Centralia Police Department.

“We do not know if the individual was hit,” Police Chief Bob Berg said, meaning the escapee.

Phillip A. Pinotti

That took place just before 10 a.m.

At about 1 p.m., Pinotti’s sport utility vehicle was found in the garage of his residence on Clinton Road in Adna. But Pinotti was not there.

“There were two individuals at the house, we’re talking to them now,” Lewis County Undersheriff Rob Snaza said as deputies waited for a search warrant.

Pinotti is now wanted for first-degree assault and felony escape, according to Berg.

Berg said he asked the sheriff’s office to investigate because it involved one of his own employees.

Several patrol vehicles from both the sheriff’s office and the Centralia Police Department were at the scene on the 200 block of Clinton Road this afternoon. The roadway was blocked by a trooper, at state Route 6, about five miles west of Chehalis.

Snaza said he believes the home belongs to Pinotti’s parents, but they were not present.

“We’re continuing our investigation, and following leads,” Snaza said.

According to Berg, Pinotti came to court this morning for an arraignment on a charge of driving under the influence. The judge noticed he was wanted on a misdemeanor warrant for failing to appear in Chehalis Municipal Court, in connection with a third-degree theft, Berg said.

The judge ordered court security Officer Steve Howard to take Pinotti into custody for the Chehalis warrant, which he began to do just outside the courtroom, according to the chief.

“As officer Howard is handcuffing him, that’s when he bolts,” Berg said. “He’s running down the street, with officer Howard in pursuit.”

Berg said they ran west to the next block, and Pinotti got into a dark blue sport utility vehicle parked on Maple Street next to the The Chronicle.

“According to the officer, the individual gets in the car, starts it, puts the car in drive and comes toward the officer,” Berg said.

The court security officer advised him to stop, but he didn’t, according to police.

Officer Howard fired one shot, Berg said.

The vehicle backed down the street, into the drive at the Centralia Rollerdrome, and headed away.

“He drove away at a very high rate of speed,” Berg said. “The last I saw, he turned at the stop sign.”

The street was closed for about an hour, he said.

Berg said they found a casing but not the bullet, so they know the bullet entered the car. They believe it shattered the driver’s side window. It’s unknown if Pinotti was struck by the bullet or injured.

Officer Howard has a limited commission and handles courtroom security for the city, according to Berg. He is a retired California Highway Patrol officer.

Centralia Police Department spokesperson Officer Patty Finch indicates Howard has been placed on administrative leave pending the results of the investigation.

The shooting incident will be investigated by the multi-county shooting review team with primary responsibility assumed by the Lewis County Sheriff’s Office, according to Finch.

It’s the third time a Centralia officer has fired at someone this year. The other two instances were fatal.

Berg was confident Pinotti would be located. His criminal history is not extensive or violent, he said.

“He knows we know who he is, I think he just made an extremely poor decision,” Berg said. “Fight or flight.”

Centralia Police Department Chief Bob Berg describes how the wanted man fled outside Centralia City Hall on West Maple Street this morning.

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS  – Lewis County Prosecutor Jonathan Meyer won’t be applying the letter of the law regarding the recently enacted Initiative I-594 – requiring expanded background checks for firearm sales and transfers – among otherwise law abiding citizens.

However, give or sell a gun to someone prohibited from possessing one, and he will take action.

Lewis County Prosecutor Jonathan Meyer

Meyer, in a joint news release issued yesterday with Lewis County Sheriff-Elect Rob Snaza, said the broad language and vague definitions of the new law have given rise to many questions and concerns.

Each man offered a brief written statement, attached to their summary of the main provisions of I-594.

The measure which passed in November applies currently used criminal and public safety background checks by licensed dealers to all firearm sales and transfers, including gun shows and online sales, with specific exceptions. It went into effect Dec. 4.

“The Lewis County Prosecuting Attorney Office will not make criminals out of the hardworking citizens of Lewis County,” Meyer states. “Where I-594 attempts to criminalize every-day activities, I, in the exercise of my prosecutorial discretion, will not charge individuals with these types of violations.

“At the same time, make no mistake I will hold accountable those who, in violation of this initiative, knowingly put guns in the hands of criminals.”

Sheriff-elect Rob Snaza

A first offense is a gross misdemeanor. Subsequent offenses are a class C felony. Meyer is responsible for all felony prosecutions in the county, and for misdemeanor and gross misdemeanors in cases from the sheriff’s office, the state patrol and some other police departments.

Regarding the gun shows regularly held at the Southwest Washington Fairgrounds where sales have traditionally been made by both licensed firearm dealers and private citizens, Meyer said he presumes the organizers will make sure proper processes are followed.

An example Meyer gave yesterday, in a brief interview, of what he won’t pursue involve transfers of a gun in some cases.

He spoke of innocent activities such as if a person and their brother-in-law went target shooting and used each others weapons.

The law provides exemptions to background checks, among them are transactions involving gifts between immediate family members as well as antique firearms as defined by applicable law.

Meyer said he views the new law as applying to even temporary transfers such as handling a firearm for inspection, for consideration of purchase or stocking store shelves. But he’s not interested in prosecuting those types of activities, he indicated.

His example of what he is interested in pursuing related to selling or giving a gun to a felon.

As for going after a person who sells or gives a firearm, without the checks, to someone who subsequently uses it in a crime, he said he would be looking at situations on a case by case basis.

Meyer noted he can’t give legal advice to individual citizens and recommended anyone with questions should consult their attorney.

The new law does not change the definition of a firearm. It does mean any sales or transfers must be completed through a licensed dealer, according to Meyer.

The prosecutor said he has not seen any cases involving it yet, and thinks the RCW will be called “Unlawful transfer of firearms.”

I-594 passed statewide with 59 percent of the vote. In Lewis County, 67 percent of voters rejected it.

Sheriff-elect Snaza, in his formal statement, reminds the public he is a strong proponent of the second amendment and notes the “significant” impact of  I-594 on law abiding citizens.

He states that each of these cases will be considered by his office in regard to both the spirit and the letter of the law.

However, his office’s enforcement strategy doesn’t appear to include proactively seeking out violations, or making arrests, according to his statement. He’ll let the prosecutor decide.

“(Our strategy) will be to thoroughly investigate those cases reported to us, and file these cases with the Lewis County Prosecutor’s Office, when appropriate,” Snaza stated.

This morning Snaza pointed out the majority of Lewis County residents oppose the new law, which he said he believes has good intentions, but is vague.

“We don’t have all these resources to go after every person breaking the law,” Snaza said.

“Personally, I think this law is unconstitutional,” he said. “We’ll do what we can.”

•••

SUMMARY OF PROVISIONS OF I-594, from Lewis County Prosecutor Jonathan Meyer

WHAT IS A “FIREARM”?*
A “firearm” is a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. This includes tools such as a concrete nailer that is gas or powder-actuated.
*I-594 did not change the definition of a firearm.

WHO IS SUBJECT TO BACKGROUND CHECKS UNDER I-594?
All purchasers or transferees of firearms are subject to background checks unless the purchase or transfer is specifically exempted by state or federal law.

WHICH SALES AND TRANSFERS ARE SUBJECT TO I-594?
All sales or transfers occurring in whole or in part in Washington State, including sales and transfers through dealers, at gun shows, online, and between unlicensed persons, are subject to the background check requirements of I-594.

WHAT IS A TRANSFER?
A “transfer” means the intended delivery of a firearm to another person without payment or promise of payment, including gifts and loans. This includes a “temporary” transfer (including the handling of a firearm for inspection, consideration of purchasing, stocking of store shelves, etc.).

HOW MUST A SALE OR TRANSFER BE ACCOMPLISHED UNDER I-594?
Any sale or transfer of a firearm where neither party is a licensed firearms dealer must be completed through a licensed firearms dealer in compliance with the following requirements:
1. The seller or transferor must physically deliver the firearm to the dealer. The seller or transferor may remove the firearm from the dealer’s premises while the background check is being conducted, but the firearm must be physically delivered back to the dealer prior to the completion of the transaction.
2. The purchaser or transferee must complete, sign and submit all federal, state, and local forms needed for processing the background check.
3. The dealer must process the transaction in the same manner as he/she would in a sale or transfer of a firearm from his/her inventory. The dealer must comply with all applicable federal and state laws.
4. If the purchaser or transferee is ineligible to possess a firearm, the transaction cannot proceed and the dealer must return the firearm to the seller or transferor.
5. The dealer may charge a fee for facilitating a sale or transfer that reflects the fair market value of the administrative costs incurred.

WHAT TIMING REQUIREMENTS APPLY TO A PURCHASE OR TRANSFER UNDER I-594?
A dealer may not deliver a firearm to a purchaser or transferee until the earlier of:
1. The completion of all required background checks if the purchaser or transferee is not ineligible under federal or state law to possess a firearm; or
2. Ten (10) business days have passed since the dealer requested the background check, except this period is sixty (60) calendar days for a pistol transfer if the purchaser or transferee does not have a valid Washington state driver’s license or identification card or has not been a resident for the previous ninety (90) days.

ARE ANY TRANSACTIONS EXEMPT FROM THE BACKGROUND CHECK REQUIREMENT?
The following transactions are exempt from the background check requirements established by I-594:
1. Bona fide gifts between immediate family members, which is limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
2. Sales or transfer of “antique” firearms, as that term is defined by applicable law;
3. Sales or transfers by or to law enforcement and corrections agencies, and to the extent the person is acting within the course and scope of his or her employment or official duties, law enforcement and corrections officers, active members of the military, and federal officials;
4. Receipt of a firearm by a federally licensed gunsmith only if the firearm is received for purposes of service or repair.

ARE ANY TEMPORARY TRANSFERS EXEMPT?
The temporary transfer of a firearm is exempt when:
a. Necessary to prevent imminent death or great bodily harm to the transferee, if the transfer lasts only as long as needed and the transferee is not prohibited from possessing firearms by applicable law;
b. It is between spouses or domestic partners;
c. It occurs at an established shooting range authorized by the local governing body and the firearm is kept at all times at the range;
d. It occurs at a lawful organized firearm competition or performance and  the firearm is possessed exclusively at the competition or performance;
e. It is to a person under eighteen (18) years of age for lawful hunting, sporting, or educational purposes while under the direct supervision of a responsible adult; or
f. It occurs while legally hunting if the transferee has completed all required training, holds all required licenses or permits, and is not prohibited from possessing a firearm.

WHAT IF THE FIREARM IS INHERITED?
Acquisition of a firearm, other than a pistol, by inheritance is exempt.
In the case of acquisition of a pistol by inheritance, the transfer is exempt for the sixty (60) days following the transfer by operation of inheritance. However, upon the expiration of the sixty (60) day period, the person must either have lawfully transferred the pistol or must have contacted the Washington Department of Licensing to notify that department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

WHAT ARE THE PENALTIES FOR VIOLATING THE NEW LAW?
A person who knowingly violates the background check requirements is guilty of a gross misdemeanor for a first offense and of a Class C felony for each subsequent offense.
Each firearm sold or transferred in violation of the background check requirements is a separate offense.
A Class C felony conviction for this offense is included in the definition of “serious offense” for purposes of the crime of unlawful possession of firearms.

WHAT ABOUT THE SALES TAX ON SALES OR TRANSFERS OF FIREARMS?
The retail sales tax does not apply to the sale or transfer of a firearm between two unlicensed persons if they have complied with all required background checks.

DOES THE DEALER HAVE TO COLLECT THE USE TAX ON THE TRANSACTION?
Keeps the requirement for firearms dealers to collect sales or use tax from the transferee on interstate firearms transfers by a licensed dealer.