Chapter 9.28
DANGEROUS WEAPONS
Sections:
9.28.010 Firearm possession prohibited to person convicted of violent crime.
9.28.020 Pistol – License required for carrying.
9.28.030 Pistol – Exceptions to license requirements.
9.28.040 Pistol – License issuance, fee.
9.28.050 Pistol – Issuance restrictions.
9.28.060 Pistol – Purchase procedure.
9.28.070 Pistol – Retail dealer – License required.
9.28.080 Pistol – Loan security provisions.
9.28.090 Pistol – Identification alteration prohibited.
9.28.100 Pistol – False information to obtain, prohibited.
9.28.110 Antique – Chapter exemptions.
9.28.120 Machine guns, illegally held, declared contraband.
9.28.130 Sale, manufacturing restrictions.
9.28.150 Dangerous weapon defined.
9.28.160 Discharge prohibited – Exception.
9.28.170 Snap blade knife prohibited.
9.28.180 Airgun, discharging weapon – Defined.
9.28.190 Airgun, discharging weapon – Aiming, shooting prohibited.
9.28.200 Weapons in courthouse – Prohibited.
9.28.010 Firearm possession prohibited to person convicted of violent crime.
No person who has been convicted in this state or elsewhere of a crime of violence shall own a firearm or have one in his possession under his control. (Ord. 438 § 2(1), 1970; Ord. 355 § 7(1), 1967)
9.28.020 Pistol – License required for carrying.
No person shall carry a pistol concealed on or about his person, except in his place of abode or fixed place of business, without a license as provided by law. (Ord. 438 § 2(2), 1970; Ord. 355 § 7(2), 1967)
9.28.030 Pistol – Exceptions to license requirements.
The provisions of WMC 9.28.020 shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the Army, Navy, Marine Corps, or Coast Guard of the United States or of the National Guard or Organized Reserves when on duty, 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 in moving from one place of abode or business to another. (Ord. 438 § 2(3), 1970; Ord. 355 § 7(3), 1967)
9.28.040 Pistol – License issuance, fee.
RCW 9.41.070 is hereby adopted by this reference as to licensing concealed pistols. The fee for such license shall be the maximum fee allowed by statute as set forth on the city’s fee resolution which shall be paid into the city treasury. (Ord. 1931 § 1 (Exh. A), 2020; Ord. 438 § 2(4), 1970; Ord. 355 § 7(4), 1967)
9.28.050 Pistol – Issuance restrictions.
No person shall deliver a pistol to any person under the age of 21 or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, a habitual drunkard, or of unsound mind. (Ord. 438 § 2(5), 1970; Ord. 355 § 7(5), 1967)
9.28.060 Pistol – Purchase procedure.
No seller shall deliver a pistol to the purchaser thereof until 72 hours shall have elapsed from the time of the application for the purchase thereof as provided herein, and, when delivered, the pistol shall be securely wrapped and unloaded.
At the time of applying for the purchase of a pistol the purchaser shall sign in duplicate 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 in this state or elsewhere of a crime of violence, drug addiction or habitual drunkenness, or is 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 chief of police of the municipality 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 chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser’s application to purchase and the grounds. The application shall not be denied unless the purchaser has been convicted in this state or elsewhere of a crime of violence, drug addiction, or habitual drunkenness, or is legally judged to be of unsound mind. The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol. (Ord. 438 § 2(6), 1970; Ord. 355 § 7(6), 1967)
9.28.070 Pistol – Retail dealer – License required.
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 as provided by law under the requirements of RCW 9.41.110, as the same now is or hereafter may be amended. (Ord. 438 § 2(7), 1970; Ord. 355 § 7(7), 1967)
9.28.080 Pistol – Loan security provisions.
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. 438 § 2(8), 1970; Ord. 355 § 7(8), 1967)
9.28.090 Pistol – Identification alteration prohibited.
No person shall change, alter, remove or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any pistol. Possession of any pistol 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. This shall not apply to replacement barrels in old revolvers, 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. (Ord. 438 § 2(9), 1970; Ord. 355 § 7(9), 1967)
9.28.100 Pistol – False information to obtain, prohibited.
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. 438 § 2(10), 1970; Ord. 355 § 7(10), 1967)
9.28.110 Antique – Chapter exemptions.
The provisions of this chapter shall not apply to antique pistols and revolvers manufactured prior to 1898 and held as collector’s items. (Ord. 438 § 2(11), 1970; Ord. 355 § 7(11), 1967)
9.28.120 Machine guns, illegally held, declared contraband.
All machine guns, or parts thereof, illegally held or possessed are declared to be contraband, and it shall be the duty of all police officers to seize the machine gun, or parts thereof, wherever and whenever found. (Ord. 438 § 2(12), 1970; Ord. 355 § 7(12), 1967)
9.28.130 Sale, manufacturing restrictions.
Every person who shall manufacture, sell or dispose of, or have in his possession, any instrument or weapon of the kind usually known as slingshot, sand club, zipgun, or metal knuckles; shall furtively carry, or conceal any dagger, dirk, knife, or other dangerous weapon or firearm; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a misdemeanor. (Ord. 438 § 2(13), 1970; Ord. 355 § 7(13), 1967)
9.28.140 Firearm defined.
“Firearm” includes but is not limited to mean any weapon or device capable of propelling a missile through the force of combustion or explosion of gunpowder or similar substance. (Ord. 438 § 2(14), 1970; Ord. 355 § 7(14), 1967)
9.28.150 Dangerous weapon defined.
“Dangerous weapon” includes but is not limited to mean any weapon or device capable of propelling a missile through the force of compressed air or gas, or through the contraction or expansion of any rubber band or spring, or similar devices and shall include compressed air rifles and pistols and slingshots. (Ord. 438 § 2(15), 1970; Ord. 355 § 7(15), 1967)
9.28.160 Discharge prohibited – Exception.
It is unlawful for any person to fire, shoot or discharge any firearm or other dangerous weapon within the city, except law enforcement officers in the performance of their duties. (Ord. 438 § 2(16), 1970; Ord. 355 § 7(16) 1967)
9.28.170 Snap blade knife prohibited.
It is unlawful to display, sell, give away, purchase, or possess any knife having a blade which is or can be concealed in its handle and ejected therefrom either manually or by mechanical or spring device or by gravity upon release of a catch and commonly known as a “snap blade knife.” This chapter shall not apply to fixed blade knives or those having blades which pivot on or fold into their respective handles, and can be opened only manually. (Ord. 438 § 2(17), 1970; Ord. 355 § 7(17), 1967)
9.28.180 Airgun, discharging weapon – Defined.
“Airgun” or “other discharging weapon” as used in this section means any weapon or contrivance which is capable of throwing any missile by means of air pressure or otherwise, in such manner that the missile should be capable of injuring persons or damaging property. (Ord. 168 § 1, 1951)
9.28.190 Airgun, discharging weapon – Aiming, shooting prohibited.
It is unlawful for any person within the city limits, to aim or point any airgun or other pellet discharging weapon toward any human being, or to shoot or discharge such airgun or weapon. (Ord. 168 § 2, 1951)
9.28.200 Weapons in courthouse – Prohibited.
No person shall, at any time, have in their possession or bring into or upon the Washougal municipal courthouse any weapon. As used in this section, the term “weapon” includes: any slingshot, sand club, metal knuckles, spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward, downward or centrifugal thrust, or movement, any dagger, dirk, bow and arrow, crossbow, spring or gas propelled b.b. or pellet gun, spear, javelin, any device commonly known as non-chu-ka stick which consists of two or more links of wood, metal, plastic or similar substance connected with wire, rope or other means, any device commonly known as throwing stars, which are multi-pointed, metal objects designed to imbed upon impact from any aspect, incendiary devices, incapacitating gas dispensers, or any other weapon.
The foregoing provisions shall not apply to duly authorized law enforcement officers.
Violations to this section shall be a gross misdemeanor. (Ord. 1417 § 1, 2001)