House approves background-check fee changes after heated debate; opponents call increase unconstitutional

The Washington House on Feb. 23 passed House Bill 2521, a bill relating to firearms background checks, after debate over fee-setting authority and constitutionality. The clerk announced 53 yeas, 36 nays and 9 excused.

Representative Couture moved Amendment 1979, which would have set a new cap raising the fee from $18 toward $33 to cover Washington State Patrol administrative costs; Couture said the change was responsive to the patrol's request for additional funds and that it was intended to allow the program to operate. Representative Macri urged a no on the amendment, arguing that the program should be able to recover costs but expressing reservations about the proposed amount. The amendment was not adopted.

Representative Walsh characterized the fee as a charge on a constitutionally protected right, telling the chamber the proper fee level was zero: "This fee... to exercise a constitutionally protected right is unconstitutional... the proper constitutional amount is 0," he said. Supporters, including Representative Ormsbee, said the fees fund regulation and tie the charge to administrative costs.

After further debate, the bill was advanced to third reading and declared passed by constitutional majority. House Bill 2521 will be sent to the other chamber for consideration.