IX. Weapons
Chapter 10.78
CARRYING AND DISCHARGING WEAPONS1
Sections:
10.78.020 Unlawful use of weapons to intimidate another.
10.78.030 Unlawful use of weapons—Generally.
10.78.040 Exemptions—Martial arts weapons.
10.78.050 Exemptions—Dangerous knives.
10.78.070 Aiming or discharging firearms.
10.78.080 Carrying firearm on public conveyance.
10.78.090 Loaded firearms in vehicles.
10.78.100 Firearms prohibited in certain places—Exceptions—Penalty.
10.78.110 Possessing dangerous weapons on school facilities—Penalty—Exceptions.
10.78.010 Definitions.
The following definitions apply in this chapter:
A. “Dangerous knife” means any knife having a blade more than three inches in length, or any dirk, dagger, sword, bayonet, bolo knife, hatchets, straightedge razor, or razor blade not in a package, dispenser, or shaving appliance.
B. “Martial arts weapon” includes but is not limited to the following devices in common usage in what is known as the martial arts or arts of self-defense: Nuchaku (chako sticks), consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; throwing stars, which are multi-pointed, metal objects designed to embed upon impact from any aspect; ninja chains; sai; tonfa; three section staffs; spike balls; telescopic metal stick (telescopic police baton); jutte; and kama.
C. “Pistol” means any firearm or other weapon or device from which a projectile may be fired by an explosive such as gun powder, and having a barrel less than twelve inches in length.
D. “Switchblade knife” means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism, or other device, or blade that opens, falls or is ejected into position by force of gravity or by an outward, downward or centrifugal thrust or movement. (Amended during 1/88 supplement; Ord. 1145-85 § 125, 1985)
10.78.020 Unlawful use of weapons to intimidate another.
A. It is unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
B. Any person violating the provisions of subsection A of this section shall be guilty of a gross misdemeanor.
C. Subsection A of this section shall not apply to or affect the following:
1. Any act committed by a person while in his place of abode or fixed place of business;
2. Any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty,
3. Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
4. Any person making or assisting in making a lawful arrest for the commission of a felony; or
5. Any person engaged in military activities sponsored by the federal or state governments. (Amended during 1/88 supplement; Ord. 1145-85 § 126, 1985)
10.78.030 Unlawful use of weapons—Generally.
A. It is unlawful for any person to:
1. Sell, manufacture, purchase, possess or carry any blackjack, sand-club, metal knuckles, switchblade knife, butterfly knife, or martial arts weapons; or
2. Carry concealed on his person any dangerous knife; provided, that a dangerous knife carried openly in a sheath suspended from the waist of a person is not concealed within the meaning of this subsection; or
3. Carry or place a pistol in any vehicle or carry a pistol concealed on his person; or
4. Sell or give away to any person under eighteen years of age any dangerous knife or martial arts weapon, or for any person under eighteen years of age to purchase any dangerous knife or martial arts weapon, or for any person under eighteen years of age to possess any dangerous knife or martial arts weapon, except when under the direct supervision of an adult.
B. Violation of any provision of this section is a misdemeanor. (Amended during 1/88 supplement; Ord. 1145-85 § 127, 1985)
10.78.040 Exemptions—Martial arts weapons.
The proscriptions of Section 10.78.030(A)(1) relating to martial arts weapons shall not apply to:
A. Any person in possession of a martial arts weapon while on the premises of a school which teaches one of the martial arts; or
B. Any person in possession of a martial arts weapon during and while at a martial arts exhibition, demonstration or contest that is sponsored by a martial arts club or association, or public or private school; or
C. Any person carrying a martial arts weapon in a secure wrapper, case or bag; or
D. Any person carrying a martial arts weapon while in such person’s place of abode or fixed place of business; or
E. Peace officers or military personnel while in the performance of their official duties. (Ord. 1145-85 § 128, 1985)
10.78.050 Exemptions—Dangerous knives.
The proscriptions of Section 10.78.030(A)(2) relating to dangerous knives shall not apply to:
A. Individual licensed hunters or fishermen while on a hunting, camping or fishing trip; or
B. Any person carrying such a knife in a secure wrapper or case, or in a tool box, or while in such person’s place of abode or fixed place of business; or
C. Peace officers, or military personnel while in the performance of their official duties. (Ord. 1145-85 § 129, 1985)
10.78.060 Exemptions—Pistols.
Section 10.78.030(A)(3) shall not apply to or affect:
A. 1. Members of the armed forces of the United States or of the National Guard or organized reserves, when on duty,
2. Officers or employees of the United States duly authorized to carry a concealed pistol, or
3. Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state; or
B. Regularly enrolled members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are at or are going to or from such target ranges; or
C. Regularly enrolled members of any club or organization organized for the purpose of collecting modern or antique firearms while such members are at or are going to or from a gun collector’s show or exhibit; or
D. Individual licensed hunters or fishermen while on a hunting, camping, or fishing trip; or
E. Any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of such person, having in his possession, using or carrying a pistol in the usual or ordinary course of such business; or
F. Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase, from or to a place of repair, or from or to his place of abode or place of business, or in moving from one place of abode or place of business to another, or when in his place of abode or fixed place of business; or
G. Any person carrying a pistol concealed on his or her person, while in the person’s place of abode or fixed place of business; or
H. Any person carrying a pistol concealed on his or her person, when that person has a license to carry a concealed weapon, as provided in Chapter 9.41 RCW; or
I. Any person in possession of an unloaded pistol who leaves the unloaded pistol in a vehicle while the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle; or
J. Any person carrying or placing a loaded pistol in any vehicle, when that person has a license to carry a concealed weapon, as provided in Chapter 9.41 RCW, and:
1. The pistol is on the licensee’s person, or
2. The licensee is within the vehicle at all times that the pistol is there, or
3. The licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle; or
K. Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (1) obtained documentation from a law enforcement agency within Washington State from which he or she retired that is signed by the agency’s chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (2) not been convicted of a crime making him or her ineligible for a concealed pistol license. (Ord. 2314-98 § 1, 1998: Ord. 1145-85 § 130, 1985)
10.78.070 Aiming or discharging firearms.
A. Any person who knowingly aims any firearm, whether loaded or not, at or toward any human being, is guilty of a gross misdemeanor.
1. The provisions of this section do not apply to:
a. A person charged for this conduct pursuant to Chapter 9A.32 or 9A.36 RCW.
b. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
c. Law enforcement personnel; or
d. Security personnel while engaged in official duties.
B. Any person who knowingly discharges a firearm, air gun or other weapon within the city is guilty of a misdemeanor.
1. The provisions of this section do not apply to:
a. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
b. Law enforcement personnel; or
c. Security personnel while engaged in official duties.
d. A person utilizing a properly licensed institutional, membership and/or commercial shooting range.
C. “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. “Firearm” does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. “Gun” has the same meaning as firearm. (Ord. 3607-18 § 1, 2018: Ord. 1145-85 § 131, 1985)
10.78.080 Carrying firearm on public conveyance.
A. It is unlawful for any person, firm or corporation to carry, place on, or cause to be carried or placed on any public conveyance within the city limits any firearm unless the firearm shall be broken down or encased, and from which all ammunition shall be first removed, unless the person shall be a peace officer duly authorized to carry the weapon in the furtherance of his duty.
B. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1145-85 § 132, 1985)
10.78.090 Loaded firearms in vehicles.
A. It is a misdemeanor 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.
B. While on duty within their respective jurisdictions, law enforcement officers authorized to carry firearms are exempt from the provisions of this section. (Ord. 1633-89 §§ 1, 2 (part), 1989)
10.78.100 Firearms prohibited in certain places—Exceptions—Penalty.
A. 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 weapon:
1. The restricted access area of a jail, or of a law enforcement facility, or any place used for the confinement of a person (a) arrested for, charged with or convicted of an offense, (b) held for extradition or as a material witness, or (c) otherwise confined pursuant to an order of a 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;
2. Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge’s chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objection of this subsection. The municipal court shall post notices that weapons are prohibited in the building;
3. 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
4. That portion of an establishment classified by the State Liquor Control Board as off-limits to persons under twenty-one years of age.
B. The perimeter of the premises of any specific location covered by subsection A of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
C. Subsection A of this section does not apply to:
1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
2. Law enforcement personnel, except that subsection (A)(2) of this section does not apply to a law enforcement officer who is present at a courthouse building as a party to an action under Chapter 10.14, 10.99, or 26.50 RCW, or an action under RCW Title 26 where any party has alleged the existence of domestic violence as defined in RCW 26.50.010; or
3. Security personnel while engaged in official duties.
D. Subsection (A)(1) 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 firearms upon leaving but must immediately and directly depart from the place or facility.
E. Subsection (A)(3) 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.
F. Subsection (A)(4) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
G. Any person violating subsection A of this section is guilty of a gross misdemeanor.
H. “Weapon” as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250. (Ord. 2790-04 § 1, 2004: Ord. 1641-89 §§ 3, 4 (part), 1989)
10.78.110 Possessing dangerous weapons on school facilities—Penalty—Exceptions.
A. It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
1. Any firearm;
2. Any other dangerous weapon as defined in RCW 9.41.250 as now or hereafter amended;
3. Any device commonly known as “nun-chu-ka sticks,” consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
4. Any device, commonly known as “throwing stars,” which are multipointed, metal objects designed to embed upon impact from any aspect; or
5. Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
B. Any such person violating subsection A of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (A)(1) of this section, the person shall have his or her concealed pistol license, if any, revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the Department of Licensing, and the city, town, or county which issued the license.
C. Subsection A of this section does not apply to:
1. Any student or employee of a private military academy when on the property of the academy;
2. Any person engaged in military, law enforcement, or school district security activities;
3. Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
4. Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
5. Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
6. Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
7. Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
8. Any law enforcement officer of the federal, state, or local government agency.
D. Subsections (A)(3) and (A)(4) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
E. Except as provided in subsections (C)(2), (C)(3), (C)(6) and (C)(8) of this section, firearms are not permitted in a public or private school building.
F. “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds. (Ord. 2414-99 § 1, 1999)
For statutory provisions concerning the carrying of firearms, see RCW 9.41.04—9.41.070.
For statutory provisions concerning dangerous weapons, see RCW 9.41.250—9.41.270.