Chapter 3.50
WEAPONS OFFENSES
Sections:
3.50.010 Carrying a dangerous weapon.
3.50.022 Possession by a prohibited possessor.
3.50.024 Trafficking of a prohibited weapon.
3.50.026 Possession of prohibited weapon.
3.50.028 Possession at a community building, facility or event.
3.50.030 Carrying a concealed firearm while under the influence.
3.50.035 Unlawful possession of concealed firearm.
3.50.040 Armed criminal action.
3.50.044 Pointing firearm at another.
3.50.050 Reckless or malicious use of explosives.
3.50.060 Abandonment of explosives.
3.50.070 Malicious possession of a destructive device.
3.50.080 Possession of explosives.
3.50.090 Possession, transportation, sale or discharge of prohibited fireworks.
3.50.100 Unlawful use of weapon.
3.50.110 Alteration of identifying marks.
3.50.005 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
(1) “Ammunition” means cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
(2) “Armor-piercing ammunition” means:
(a) A projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(b) A full-jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
(3) “Bump-fire stock” means a butt stock designed to be attached to a semiautomatic firearm with the effect of increasing the rate of fire achievable with the semiautomatic firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger.
(4) “Community building or facility” includes but is not limited to: the Tulalip Tribal Community Center, the Hibulb Cultural Center, the Tulalip Administration Building, the Quil Ceda Village Administration Building, Tulalip Data Services, Tulalip gaming facilities, schools and educational institutions, Tulalip Tribes community cemeteries, the Tulalip Tribes Justice Center, any community parks, any Tribal community building housing the various departments performing community governmental functions, any building housing the various entities or businesses owned and operated by the Quil Ceda Village, the Tulalip Tribes or the Tulalip Economic Development Corporation, and any other building owned and controlled by the Tulalip Tribes or the Quil Ceda Village, not being lawfully used for a private residence. Any driveways, parking lots, or curtilage of any of these described buildings or facilities shall constitute a “community building or facility” for purposes of this chapter.
(5) “Community event” means any event that is open to the public, or any community-sponsored event, or any event on the grounds of a community building or facility, including, but not limited to, the following: funerals, memorials, wakes, dances, parades, pow wows, Spee-Bi-Dah, First Salmon Ceremonies, Canoe Journeys, community sporting events, Fourth of July events, Thanksgiving events, Christmas or winter holiday events, New Year’s Eve and New Year’s Day events, and other cultural celebrations or events.
(6) “Dangerous weapon” means a dirk, dagger, sword, or sword cane; a billy club, blackjack, or baton; a knife having a blade at least four inches long, double-bladed knife, switchblade knife, or knife which opens automatically by hand pressure applied to a button, spring, or other device and which has a blade at least one and one-half inches long; a nonsafety-type razor; a throwing star, axe, or knife; knuckles made of any metal or other hard substance; or a device, including a nunchaku or chako stick, designed primarily as a weapon and consisting of two or more lengths of wood, metal, plastic, or similar substance connected by wire, rope, chain, or other means so as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict injury upon a person by striking.
(7) “Deadly weapon” means anything that is designed for lethal use. The term includes a firearm.
(8) “Deface” means to remove, alter, or destroy the manufacturer’s serial number.
(9) “Destructive device” means:
(a) Any explosive, incendiary, or poison gas, including but not limited to any:
(i) Bomb;
(ii) Grenade;
(iii) Rocket having a propellant charge of more than four ounces;
(iv) Missile having an explosive or incendiary charge of more than one-quarter ounce;
(v) Mine; or
(vi) Any device similar to any of the devices described in the preceding clauses;
(b) Any type of weapon by whatever name known that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; or
(c) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subsection (a) or (b) of this definition and from which a destructive device may be readily assembled.
(d) The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or any other device that is not likely to be used as a weapon or is an antique. “Destructive device” does not include fireworks that are not prohibited by Chapter 10.25 TTC, Fireworks.
(10) “Explosive” means any dynamite, nitroglycerin, black powder, or other similar explosive material, including plastic explosives. “Explosive” does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand-loading purposes. “Explosives” does not include fireworks that are not prohibited by Chapter 10.25 TTC, Fireworks.
(11) “Firearm” means:
(a) Any weapon (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive but does not include an antique firearm or any device that expels a projectile by means of compressed air;
(b) The frame or receiver of any such weapon;
(c) Any firearm muffler or firearm silencer; or
(d) Any destructive device.
(12) “Pistol” means a firearm designed, made, and intended to fire a projectile from one or more barrels when held in one hand.
(13) “Prohibited possessor” means a person who:
(a) Is subject to a court order that:
(i) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(ii) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(iii) Either:
(A) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
(b) Has been convicted in any court of a misdemeanor crime of domestic violence;
(c) Has been convicted of a crime punishable by imprisonment for a term exceeding one year;
(d) Has been adjudicated as a mental defective or who has been committed to a mental institution;
(e) Is, at the time of possession, prohibited from possessing a firearm by a court order from any jurisdiction; or
(f) Is subject to firearms disqualification under TTC 4.25.560.
(g) The term “prohibited possessor” shall not include a person who would be a prohibited possessor solely by reason of a conviction, judgment, or adjudication from another jurisdiction which has been expunged or set aside, or when that person has had their right to possess a firearm restored by that jurisdiction.
(14) “Prohibited weapon” includes the following:
(a) Armor-piercing ammunition;
(b) A firearm that is defaced;
(c) A destructive device;
(d) A firearm muffler, firearm silencer, or any device that is designed, made, or adapted to muffle the report of a firearm;
(e) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger;
(f) A short-barreled shotgun, a short-barreled rifle, or rifle with a barrel length of less than 16 inches, or shotgun with a barrel length of less than 18 inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than 26 inches;
(g) A breakable container that contains a flammable liquid with a flash point of 150 degrees Fahrenheit or less and that has a wick or similar device capable of being ignited;
(h) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials;
(i) A bump-fire stock;
(j) An improvised explosive device; or
(k) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in subsection (a), (f), (g) or (j) of this definition.
(l) The term “prohibited weapon” does not include the following:
(i) Any fireworks that are not prohibited by Chapter 10.25 TTC, Fireworks;
(ii) Any propellant, propellant-actuated devices or propellant-actuated industrial tools that are manufactured, imported or distributed for their intended purposes; or
(iii) A device that is commercially manufactured primarily for the purpose of illumination.
(15) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(16) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.
(17) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than 26 inches.
(18) “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(19) “Trafficking” means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person. [Res. 2019-003; Res. 2018-325].
3.50.010 Carrying a dangerous weapon.
(1) A person commits the offense of carrying a dangerous weapon by knowingly carrying or bearing a dangerous weapon.
(2) (a) A person carries a dangerous weapon within the meaning of this section if the weapon is within the passenger compartment of a vehicle.
(b) If a vehicle is a motorcycle, an all-terrain vehicle, a vessel, or a snowmobile, a weapon is not upon his person within the meaning of this section if the weapon is in a locked container within or affixed to the vehicle.
(3) Subsection (1) of this section does not apply to:
(a) On-duty law enforcement officers;
(b) Possession during recreational activities such as hunting or fishing that is related to the recreational activity;
(c) A knife, carried unconcealed, by a person immediately engaged in a lawful activity which commonly requires the use of such knife; or
(d) Possession at one’s own home.
(4) Carrying a dangerous weapon is a Class C offense. [Res. 2019-003; Res. 2018-325].
3.50.020 Reserved.
[Res. 2019-003; Res. 2018-325].
3.50.022 Possession by a prohibited possessor.
(1) It shall be unlawful for any prohibited possessor to operate, possess, receive, transport, or ship any firearm or ammunition.
(2) Possession by a prohibited possessor is a Class F offense. [Res. 2019-003; Res. 2018-325].
3.50.024 Trafficking of a prohibited weapon.
(1) It shall be unlawful for any person to engage in trafficking of any prohibited weapon unless such weapon has been rendered permanently inoperable and such inoperability has been certified by the Tulalip Tribal Police Department.
(2) Trafficking of a prohibited weapon is a Class E offense. [Res. 2019-003; Res. 2018-325].
3.50.026 Possession of prohibited weapon.
(1) It shall be unlawful for any person to operate, possess, receive, transport, or ship any prohibited weapon unless such weapon has been rendered permanently inoperable and such inoperability has been certified by the Tulalip Tribal Police Department.
(2) Possession of prohibited weapon is a Class E offense. [Res. 2019-003; Res. 2018-325].
3.50.028 Possession at a community building, facility or event.
(1) It shall be unlawful for any person to carry, operate, possess, receive, transport, or ship any firearm or ammunition at:
(a) A community event, community building or facility;
(b) A bank, credit union, savings and loan institution, or similar institution; or
(c) A commercial establishment in which alcoholic beverages are consumed.
(2) It is not a defense that the person had a license to carry a concealed firearm.
(3) Subsection (1) of this section does not apply to any Tribal, Federal, or State law enforcement officer.
(4) Possession at a community building or facility is a Class C offense. [Res. 2019-003; Res. 2018-325].
3.50.030 Carrying a concealed firearm while under the influence.
(1) A person commits the offense of carrying a concealed firearm while under the influence if he or she carries a concealed firearm while under the influence of an intoxicating substance. For the purpose of this section, “under the influence” means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person is impaired.
(2) It is not a defense that the person is licensed to carry a concealed firearm.
(3) In addition to any other penalty, any person who enters a plea of guilty, who is found guilty or who is convicted of a violation of subsection (1) of this section shall be served with a “Notice of Ineligibility to Carry a Concealed Pistol,” which shall be effective for a period of three years.
(4) Carrying a concealed firearm while under the influence is a Class E offense. [Res. 2019-003; Res. 2018-325].
3.50.035 Unlawful possession of concealed firearm.
(1) Any person who carries a pistol upon his or her person without a concealed firearm license entitled to reciprocity under TTC Chapter 11.30, or who carries a concealed firearm other than a pistol upon his or her person, commits the crime of unlawful possession of a concealed firearm.
(2) (a) Except as provided in subsection (2)(b) of this section, a firearm is “upon his or her person” within the meaning of this section if the firearm is within the passenger compartment of a vehicle.
(b) If a vehicle is a motorcycle, an all-terrain vehicle, a vessel, or a snowmobile, a firearm is not upon his person within the meaning of this section if the firearm is in a locked container within or affixed to the vehicle, or the firearm is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
(3) This section shall not apply to law enforcement officers or to persons in their place of residence.
(4) Unlawful possession of concealed firearm is a Class C offense. [Res. 2019-003; Res. 2018-325].
3.50.040 Armed criminal action.
(1) Any person who commits or attempts to commit any Class F offense while armed by, with, or through the use, assistance, or aid of a firearm is also guilty of the crime of armed criminal action.
(2) The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a firearm.
(3) Armed criminal action is a Class F offense. [Res. 2019-003; Res. 2018-325].
3.50.044 Pointing firearm at another.
(1) It shall be unlawful for any person to, with or without malice, intentionally and without legal justification point or aim any loaded or empty firearm at or toward any other person.
(2) Pointing a firearm at another is a Class E offense. [Res. 2019-003; Res. 2018-325].
3.50.046 Drive-by shooting.
(1) A person commits the offense of drive-by shooting by discharging a firearm at or toward another motor vehicle, person, or any building or occupied structure, while in or having just exited from a motor vehicle.
(2) Drive-by shooting is a Class F offense. [Res. 2019-003; Res. 2018-325].
3.50.050 Reckless or malicious use of explosives.
(1) It shall be unlawful for a person to recklessly or maliciously use, handle, or have in his or her possession any explosive substance whereby any human being is intimidated, terrified, or endangered.
(2) Reckless or malicious use of explosives is a Class D offense. [Res. 2019-003; Res. 2018-325].
3.50.060 Abandonment of explosives.
(1) It shall be unlawful for any person to abandon explosives or improvised devices.
(2) Abandonment of explosives is a Class C offense. [Res. 2019-003; Res. 2018-325].
3.50.070 Malicious possession of a destructive device.
(1) A person commits the offense of malicious possession of a destructive device when:
(a) A person willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device; and
(b) The act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person.
(2) Malicious possession of a destructive device is a Class F offense.
(3) The punishment imposed pursuant to this section shall be in addition to any punishment provided by law for the possession of a prohibited weapon. [Res. 2019-003; Res. 2018-325].
3.50.080 Possession of explosives.
(1) A person commits the offense of possession of explosives if he or she possesses, manufactures, transports, buys, or sells explosives, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and:
(a) Has the purpose to use such explosive material or device to commit an offense; or
(b) Knows that another has the purpose to use such explosive material or device to commit an offense.
(2) This subsection does not apply to the transportation, possession, use, or transfer of any improvised explosive device by any armed forces or National Guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.
(3) Possession of explosives is a Class E offense. [Res. 2019-003; Res. 2018-325].
3.50.090 Possession, transportation, sale or discharge of prohibited fireworks.
(1) A person commits the offense under this section if he or she possesses, transports, discharges, sells, or offers for sale any fireworks prohibited by Chapter 10.25 TTC, Fireworks.
(2) “Fireworks” means any device containing any combustible or explosive substance for the purpose of producing a visible or audible display of combustion, explosion, deflagration or detonation, but not including any firearms.
(3) Possession of prohibited fireworks is a Class C offense. [Res. 2019-003; Res. 2018-325].
3.50.100 Unlawful use of weapon.
(1) A person commits the crime of unlawful use of a weapon if the person:
(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow, or explosive device within the Consolidated Borough of Quil Ceda Village, or at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel in the lawful performance of their official duties;
(b) Persons lawfully defending life or property;
(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;
(d) Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the Tulalip Natural Resources Department.
(3) Unlawful use of a weapon is a Class F offense. [Res. 2019-003; Res. 2018-325].
3.50.110 Alteration of identifying marks.
(1) A person commits the crime of alteration of identifying marks if they change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any firearm.
(2) Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same.
(3) This section shall not apply to replacement barrels in old firearms, which barrels are produced by current manufacturers and therefore do not have the markings on the barrels of the original manufacturers who are no longer in business.
(4) Alteration of identifying marks is a Class E offense. [Res. 2019-003; Res. 2018-325].