Chapter 6.25 FIREARMS AND DANGEROUS WEAPONS

(1) It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.

(2) As used in this section, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(3) Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.

(Ord. No. 91-89, § 1(9.20.020), 3-5-91. Code 2001 § 6-137.)

6.25.030 Weapons prohibited on liquor sale premises.

(1) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink, to:

(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not, in that portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age;

(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not;

(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as numchuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether such instrument or weapon is concealed or not.

(2) The provisions of subsection (1) of this section shall not apply to or affect the following:

(a) Any lawful act committed by a person while in his or her fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not; or

(3) Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property.

(Ord. No. 09-601, § 13, 1-6-09; Ord. No. 91-89, § 1(9.20.030), 3-5-91. Code 2001 § 6-138.)

Cross references: Crimes relating to alcoholic beverages, FWRC 6.10.010; licenses and business regulations, FWRC Title 12.

6.25.040 Firearms prohibited in certain places – Exceptions – Penalty.

(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 of a 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 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.

Exception. This subsection 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.

(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.

Exception. This subsection 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 written permission to possess the firearm.

(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 areas do not include common areas of egress and ingress open to the general public.

Exception. This subsection 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.

(d) That portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age.

Exception. This subsection does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

(2) 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

(3) Any person violating this section is guilty of a gross misdemeanor.

(Ord. No. 09-601, § 14, 1-6-09; Ord. No. 91-89, § 1(9.20.040), 3-5-91. Code 2001 § 6-139.)

Cross reference: City property, FWRC Title 4.

6.25.050 Discharge of firearms prohibited.

(1) It is unlawful for any person to knowingly discharge a firearm where there is a reasonable likelihood of jeopardy to people, property, or animals within the city.

(2) 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;

(d) A person utilizing a properly licensed instructional, membership and/or commercial shooting range.

(Ord. No. 09-601, § 15, 1-6-09; Ord. No. 91-89, § 1(9.20.050), 3-5-91. Code 2001 § 6-140.)

6.25.060 Disposition of confiscated and forfeited firearms.

All firearms taken into the custody of the police department and not needed for evidence shall be disposed of as follows:

(1) Firearms illegal for any person to possess shall be destroyed.

(2) If subsection (1) of this section does not apply, the police department may seek judicial forfeiture under RCW 9.41.098, or the department may comply with the provisions of RCW 63.32.010 and either return the firearm to its owner or forfeit the firearm if it is unclaimed.

(3) Except as provided in subsection (4) of this section, all firearms that are forfeited under subsection (2) of this section shall be destroyed, except that firearms which meet the police department’s standard for use may be retained and used by the department.

(4) Any forfeited antique firearms or firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, Firearms and Explosives are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

(Ord. No. 07-573, § 51, 12-4-07; Ord. No. 07-572, § 4, 12-4-07; Ord. No. 00-376, § 1, 11-7-00. Code 2001 § 2-336.)

Cross reference: Firearms and fireworks restricted in parks and recreation areas, FWRC 4.05.220.