Industry response to I-594 and your part!

Ladies and Gentleman, as you may be aware Initiative 594 passed and will go into law on 4 December.  What you may not be aware of is the impact of Initiative 594 on our industry.  I have attached two documents for your review and consideration, one is the final text of the initiative as it went to the people.  The second is my analysis of the impact of the legislation on our industry.  I respectfully request that you read these documents and address the issues with your company, the companies you support, and Union Representation. We are in my opinion at significant risk as the law does not have any provisions for our industry.  Please feel free to share these documents with other business owners and professions which are impacted.

Best Regards, Jeff Slotnick

Jeffrey A. Slotnick

Jeffrey A. Slotnick, CPP, PSP

President, Setracon Inc.

Board Certified Security Management Professional

Past Chair ASIS International Physical Security Council

Office 253-538-9848

I am writing you this letter as Jeffrey A. Slotnick, President of Setracon Incorporated. We have been involved in

providing firearms training and Private Investigative services in Washington State since 1999.
As you know Initiative I-594 passed during the recent election. This legislation has unintended consequences for the
various licensed and corporate armed security, investigative, and bail enforcement, armored transport professions in
Washington State. Most of these issues concern the language regarding transfer of firearms and what constitutes a
transfer under the new law.
The new law places an undue burden on Washington State businesses in our industry as the company is required to
“own” the firearm; thus the employee must use the company firearm in the performance of their duties. Additionally,
Washington State Law already requires an extensive background check for licensing of Principals and Employees in the
above professions.
RCW 18.165.060 Armed private investigator license authority — Registration of firearms and RCW 18.170.050 Armed
private security guard license authority — Registration of firearms, denote:
(1) An armed license grants authority to the holder, while in the performance of his or her duties, to carry a
firearm with which the holder has met the proficiency requirements established by the commission.
(2) All firearms carried by licensee in the performance of their duties must be owned by the employer and, if
required by law, must be registered with the proper government agency.
I have identified several potential “transfer” scenarios which will put a firearms instructor, professionals mentioned
above, and their companies at risk of committing a felony. This is a significant concern as the felony could come with a
firearms enhancement elevating it to Class B Felony RCW 9.94A.533 Adjustments to standard sentences. In either case it
would cause Department of Licensing to suspend or revoke the business professional license, as well as, operator
licenses.
RCW 18.170.030 Security guard license — Requirements and RCW 18.165.030 Private investigator license —
Requirements, essentially describe the following:
An applicant must meet the following minimum requirements to obtain a private security guard license:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or a resident alien;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s
particular crime directly relates to his or her capacity to perform the duties of a private security guard, and the
director determines that the license should be withheld to protect the citizens of Washington state. The
director shall make her or his determination to withhold a license because of previous convictions
notwithstanding the restoration of employment rights act, chapter 9.96A RCW;
(4) Be employed by or have an employment offer from a licensed private security company or be licensed as a
private security company;
(5) Satisfy the training requirements established by the director;
(6) Submit a set of fingerprints; however, if an applicant has been issued a license as a private investigator under
chapter 18.165 RCW within the last twelve months, the applicant is not required to undergo a separate
background check to become licensed under this chapter;
(7) Pay the required nonrefundable fee for each application; and(8) Submit a fully completed application that includes proper identification on a form prescribed by the director
for each company of employment.
According to language in Initiative 594 “Transfer” means the intended delivery of a firearm to another person without
consideration of payment or promise of payment including, but not limited to, gifts and loans.”
There are lists of exceptions contained within Initiative 594 but none which address our industry.
Potential Scenarios
1. A licensed, certified and credentialed firearms instructor is conducting training for their company either as an
employee or contractor. Said firearms instructor hands a student (transfers a company owned firearm for
instructional purposes.
2. A licensed, certified and credentialed firearms instructor is conducting training for their company either as an
employee or contractor. Said firearms instructor is demonstrating an instructional technique, the student asks
the instructor to demonstrate said technique using the student’s firearm the student hands the instructor
(transfers) the firearm for instructional purposes.
3. A firearms training company maintains firearms for the purpose of training students, the firearm is not stored at
or managed by a “Range”. The firearms training company provides a student with a firearm for use during
training.
4. A firearms instructor is conducting training when a student has a malfunctioning firearm. The student then
hands the firearm to the instructor to resolve the malfunction.
5. A professional company mentioned above issues a firearm to an employee at the beginning of shift and the
firearm is returned to the employer at the end of shift effecting two transfers.
6. A company armorer brings company owned firearms from company storage to a firearms training facility for
training and or certification. The firearms may be issued to several students over the course of the training day,
each issuance is considered a transfer.
All of these scenarios apply to our businesses and each requires definition. As an industry we need to provide a
collective voice to our legislators and if necessary to the courts. I respectfully request each of you to communicate these
concerns to your company management, your union representation, and our State Representative as applicable.
I am willing to champion this issue with other concerned professional firearms groups, State Attorney General’s Office,
and our legislators. What I require from you and/or your companies is your intentions towards this legislation, what if
any legal counsel you are receiving, and what funds are you willing to commit to prevent company management,
company owners, instructors, and employees from becoming unwitting felons and potentially put out of business.
Best Regards,
Jeffrey A. Slotnick
President, Setracon Inc