Chapter 9.36
FIREARMS AND OTHER DANGEROUS WEAPONS1
Sections:
9.36.010 Carrying concealed weapons.
9.36.012 Adoption by reference.
9.36.020 Discharging firearms.
9.36.030 Discharging air guns or bows and arrows.
9.36.040 Minors discharging air guns.
9.36.050 Confiscation of weapons.
9.36.060 Violation – Penalties.
Prior legislation: Ord. 70-94.
9.36.010 Carrying concealed weapons.
A. It is unlawful for any person to carry or wear concealed upon his person, or concealed in any vehicle, a weapon, consisting of any knife the blade of which is in excess of four inches, or any other cutting or stabbing instrument or dangerous weapon or instrument which is commonly used to inflict injury or great bodily harm upon the person of another. This section shall not apply to peace officers or other persons authorized by law or licensed by an authorized official to carry such concealed weapons.
B. The city hereby adopts the provisions of RCW 9.41.050, 9.41.060 and 9.41.070 by reference herein and as hereafter amended, as they relate to firearms, as the state of Washington has preempted the regulation of firearms. A conviction for a violation of these referenced provisions shall be a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.010, 1977].
9.36.012 Adoption by reference.
The city shall adopt the provisions of RCW 9.41.300 by reference herein and as hereafter amended in regards to carrying deadly weapons in liquor establishments or while intoxicated. Any person in violation of this chapter shall be guilty of a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 473 § 1, 1982].
9.36.015 Weapons apparently capable of producing bodily harm – Exhibiting, displaying or drawing unlawful – Exceptions.
The city hereby adopts the provisions of RCW 9.41.270 by reference herein and as hereafter amended. A conviction for a violation of these referenced provisions shall be a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].
9.36.020 Discharging firearms.
It is unlawful for any person willfully and without lawful authority to fire, set off, or discharge any bomb, gun, pistol or firearm of any kind in the city. Any person violating any provision of this section shall be guilty of a gross misdemeanor, except that this section shall not apply to:
A. Police officers while in the discharge of their lawful duties;
B. Persons practicing target shooting in a duly licensed shooting gallery or at a target range maintained and operated by a law enforcement agency or by an organized rifle or gun club affiliated with a national shooting organization; or
C. Persons firing, setting off or discharging shotguns in areas within the city limits designated by the city council by resolution as areas in which hunting with shotguns is permitted and at times during which hunting is legally permitted.
D. All previous council approved exceptions to this section shall be terminated, effective on the date the ordinance codified in this chapter is approved. All future requests for exceptions shall be submitted, in writing, to the city. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.020, 1977].
9.36.030 Discharging air guns or bows and arrows.
A. It is unlawful for any person to shoot or discharge any air pistol, air rifle or other air gun or bow and arrow or crossbow recklessly or with intent to do bodily injury to another or to destroy or damage property. For the purpose of this section, a person shall be presumed to have acted recklessly or with intent to do bodily injury to another or to destroy or damage property when it is shown that any pellet, arrow, or like projectile has struck, lodged, or otherwise been carried onto public property or private property owned by any person other than the person discharging the air pistol, air rifle or other air gun or bow and arrow or crossbow. In any criminal prosecution brought pursuant to this section, this presumption shall continue unless and until the same is rebutted by other competent evidence.
B. For the purpose of this section, “recklessly” means a willful and wanton disregard for the safety of persons or property. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.030, 1977].
9.36.040 Minors discharging air guns.
It is unlawful for any person under the age of 14 years to shoot or discharge any air pistol, air rifle, or other air gun within the city limits of the city of West Richland unless such person is accompanied and supervised by a parent, guardian, or other adult over the age of 21 years. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.040, 1977].
9.36.050 Confiscation of weapons.
Upon conviction of any person for violating any provision of this chapter, the chief of police shall confiscate the firearm or other weapon or instrument carried, concealed or discharged in violation of this chapter, and shall dispose of the same in the manner provided for the disposal of unclaimed property unless such disposal is contrary to law. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.060, 1977].
9.36.060 Violation – Penalties.
Every person convicted of a violation of the provisions of this chapter shall be guilty of a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.26.050, 1977].
Editor’s Note: For statutory provisions on firearms, see Chapter 9.41 RCW.