Chapter 10.40
FIREARMS AND WEAPONS1
Sections:
10.40.010 Committing crime while armed.
10.40.025 Carrying into certain types of premises prohibited.
10.40.030 Exception to carrying pistol restriction.
10.40.040 Issue of licenses to carry.
10.40.050 Delivery restricted.
10.40.070 Pistol dealers to be licensed.
10.40.080 Certain transfer forbidden.
10.40.090 Altering pistol identification.
10.40.100 False information in obtaining pistol.
10.40.110 Antique pistols excepted.
10.40.120 Penalty for dangerous weapons.
10.40.130 Discharging firearms in city.
10.40.140 Loaded firearms in vehicles.
10.40.010 Committing crime while armed.
If any person commits or attempts to commit a crime when armed with a deadly weapon, the deadly weapon so used shall be confiscated and upon conviction the weapon shall become the property of the police department to be used for police purposes. (Ord. 1066 § 125, 1983; Ord. 737 § 1.28.020, 1968).
10.40.020 Carrying pistol.
(1) Except in the person’s place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed weapon.
(2) A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon and:
(a) The pistol is on the licensee’s person;
(b) The licensee is within the vehicle at all times that the pistol is there; or
(c) The licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. (Ord. 1066 § 128, 1983; Ord. 801 § 1, 1970; Ord. 737 § 1.28.050, 1968).
10.40.025 Carrying into certain types of premises prohibited.
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a firearm:
(a) The restricted access areas of a jail or other law enforcement facility, or any place used for the confinement of a person: (i) arrested for, charged with, or convicted of an offense; (ii) charged with being or adjudicated to be a juvenile offender, as defined in RCW 13.40.020; (iii) held for extradition or as a material witness; or (iv) otherwise confined pursuant to an order of court, except an order under Chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
(b) A courtroom or judge’s chamber, while either is being used for any judicial proceeding. This does not include common areas of egress and ingress of the courthouse;
(c) The restricted access areas of a public mental health facility certified by the Department of Social and Health Services for inpatient hospital care, and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or
(d) That portion of an establishment classified by the Washington State Liquor Control Board as off-limits to persons under 21 years of age.
(2) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the restrictions relating to the possession of firearms on the premises.
(3) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments while such person is engaged in official duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(4) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator’s designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearm upon leaving but must immediately and directly depart from the place or facility.
(5) Subsection (1)(b) of this section does not apply to a judge or court employee or to any person licensed under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to the court administrator or the administrator’s designee and obtains a written permission to possess the firearm.
(6) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility, or the administrator’s designee, and obtains written permission to possess the firearm while on the premises.
(7) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment. (Ord. 5-86 §§ 1 – 7, 1986).
10.40.030 Exception to carrying pistol restriction.
The provisions of the previous section shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the United States armed forces, or of the National Guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters; provided, such members are at, or are going to or from, their places of target practice, or their collector’s gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another. (Ord. 1066 § 129, 1983; Ord. 801 § 2, 1970; Ord. 737 § 1.28.060, 1968).
10.40.040 Issue of licenses to carry.
(1) The chief of police shall, within 30 days after the filing of an application by any person, issue a license to such person to carry a pistol concealed on his person within this state for two years from date of issue, for the purposes of protection or while engaged in business, sport or while traveling. Such citizen’s constitutional right to bear arms shall not be denied to him, unless he is ineligible under this code to own a pistol or there exists a record of his prior court conviction of a crime of violence or of drug addiction or of habitual drunkenness or of confinement to a mental institution; provided, that such permit shall be revoked immediately upon conviction of a crime which makes such a person ineligible to own a pistol. The license shall be in triplicate, in form to be prescribed by the State Director of Licensing, and shall bear the name, address, and description, fingerprints and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the Director of Licensing and the triplicate shall be preserved for six years by the chief of police.
(2) The fee for the original issuance of a two-year license shall be $20.00; provided, the fee shall be distributed $2.00 to the state general fund and the balance to the city for the purpose of fingerprinting of the person licensed, and for the purpose of enforcing the provisions of this chapter. (Ord. 1066 § 130, 1983; Ord. 801 § 3, 1970; Ord. 737 § 1.28.070, 1968).
10.40.050 Delivery restricted.
No person shall deliver a pistol to any person under the age of 21 or to one whom he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind. (Ord. 1066 § 131, 1983; Ord. 737 § 1.28.080, 1968).
10.40.060 Selling.
(1) In addition to the other requirements set forth in this chapter, no seller shall deliver a pistol to the purchaser thereof until 72 hours have elapsed from the time of the application for the purchase thereof as provided in this section, and, when delivered, said pistol shall be securely wrapped and shall be unloaded.
(2) At the time of the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the seller an application containing his full name, address, occupation, place of birth, and the date and hour of the application; and a description of the weapon including the make, model, caliber and manufacturer’s number; and a statement that he has never been convicted of a crime of violence, drug addiction or habitual drunkenness, or never has been legally judged to be of unsound mind. The seller shall, by the end of the business day, sign and attach his address and deliver the original of such application to the police chief or the sheriff of the county of which the seller is a resident. The seller shall deliver the pistol to the purchaser following 72 hours thereafter unless the seller is notified in writing by the police chief or the sheriff of the county, whichever is applicable, denying the purchaser’s application to purchase and the grounds thereof. The application shall not be denied unless the purchaser has been convicted of a crime of violence, drug addiction, or habitual drunkenness, or is legally judged to be of unsound mind. The chief of police or the county sheriff shall maintain a file containing the original of the application to purchase a pistol. (Ord. 1066 § 132, 1983; Ord. 801 § 4, 1970; Ord. 737 § 1.28.090, 1968).
10.40.070 Pistol dealers to be licensed.
No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer any pistol without being licensed with the state. (Ord. 1066 § 133, 1983; Ord. 801 § 5, 1970; Ord. 737 § 1.28.090, 1968).
10.40.080 Certain transfer forbidden.
No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of a pistol. Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person. (Ord. 1066 § 134, 1983; Ord. 737 § 1.28.110, 1968).
10.40.090 Altering pistol identification.
No person shall change, alter, remove, or obliterate the name of the make, model, manufacturer’s number, or other mark of identification on any pistol. Possession of any pistol upon which any such mark has been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same. (Ord. 1066 § 135, 1983; Ord. 737 § 1.28.120, 1968).
10.40.100 False information in obtaining pistol.
No person shall, in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same, give false information or offer false evidence of his identity. (Ord. 1066 § 136, 1983; Ord. 737 § 1.28.130, 1968).
10.40.110 Antique pistols excepted.
This chapter shall not apply to inoperable antique pistols unsuitable for use as firearms and possessed as curiosities or ornaments. (Ord. 1066 § 137, 1983; Ord. 737 § 1.28.140, 1968).
10.40.120 Penalty for dangerous weapons.
Every person who manufactures, sells or disposes of or has in his possession any instrument or weapon of the kind usually known as a sand club, or metal knuckles; or who furtively carries or conceals any dagger, dirk, knife or other dangerous weapon; or uses any contrivance or device for suppressing the noise of any firearm is guilty of a misdemeanor; provided, this shall not apply to persons manufacturing, selling or disposing of said weapons if done pursuant to authority granted by applicable state or federal government agencies. (Ord. 1066 § 141, 1983; Ord. 737 § 1.28.180, 1968).
10.40.130 Discharging firearms in city.
It is unlawful for any person to fire off or discharge any gun, air rifle, pistol, slingshot, bow with arrow (35 pounds or more) or firearm of any kind without lawful authority. The weapon so used shall be confiscated by the arresting officer or the court and, upon conviction of a violation of this section, the weapon shall be permanently confiscated and become the property of the city to be used by the police for police purposes. For purposes of this section, the discharging of a gun, rifle or bow with arrow at a legally approved firing range or archery range shall be considered “lawful authority.” (Ord. 16-91 § 1, 1991; Ord. 1066 § 142, 1983; Ord. 737 § 1.28.190, 1968).
10.40.140 Loaded firearms in vehicles.
It is unlawful to carry, transport, convey, possess or control in or on a motor vehicle a shotgun or rifle containing shells or cartridges in the magazine or chamber, or a muzzle-loading firearm loaded and capped or primed; provided, however, this section shall not apply to on-duty law enforcement officers authorized to carry firearms within their jurisdiction. (Ord. 10-89 § 1, 1989; Ord. 1066 § 143, 1983).
For the statutory provisions regarding firearms in general, see Chapter 9.41 RCW; for federal statutory provisions (the Gun Control Act of 1968) see 18 U.S.C. 921, et seq.; for federal provisions prohibiting giving false information in regard to acquiring firearms, see 18 U.S.C. 922(a)(6); for federal provisions regarding licensing of gun dealers, see 18 U.S.C. 923.