Chapter 9.56
WEAPONS
Sections:
9.56.010 Record of sales of revolvers – Inspection – Daily report.
9.56.020 Spring device knife prohibited.
9.56.040 Carrying concealed weapons.
9.56.045 Carrying concealed pistol.
9.56.055 Aiming or discharging firearms or other dangerous weapons.
9.56.070 Dangerous weapons on school facilities prohibited.
9.56.080 Delivery to ineligible persons.
9.56.090 Weapons prohibited where.
9.56.100 Possession of pistol by person from 18 to 21.
Prior legislation: Ord. 62.
9.56.010 Record of sales of revolvers – Inspection – Daily report.
It is unlawful for any merchant or secondhand dealer, or any clerk, agent or employee of any merchant or secondhand dealer, to sell, give away or dispose of any revolver or pistol to any person at retail, without entering in a book to be kept for that purpose, in the English language, written in ink, at the time of such sale or disposition, the name of the manufacturer, the number and caliber of such revolver or pistol, the name and address of the person to whom sold, given away or disposed of and the date of such sale, gift or disposition and requiring the person to whom such revolver or pistol is sold, given away or disposed of to sign his name, in ink, in such a book opposite the record of such transaction, or to fail, neglect or refuse to allow the chief of police or any police officer to inspect the record book at any reasonable time or to fail, neglect or refuse to send to the city clerk before the hour of 9:00 a.m. of any day, a complete transcript of the entries of the record book for the previous day. (Ord. 351 § 37, 1969)
9.56.020 Spring device 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 and commonly known as a snap blade knife or switch blade knife. This chapter shall not apply to fixed-blade knives having blades which pivot on or fold into their respective handles and can be opened only manually. (Ord. 351 § 38, 1969)
9.56.030 Prohibited weapons.
The use of “BB” guns, slingshots, bean-shooters or any like appliances or apparatus is forbidden in the city, and none of these shall be permitted to be discharged whether it is in the public streets or on private property. (Ord. 351 § 39, 1969)
9.56.035 Dangerous weapons.
Every person who:
(1) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife; or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the noise of any firearm;
is guilty of a gross misdemeanor punishable under Chapter 9A.20 RCW. (Ord. 1045, 1996)
9.56.040 Carrying concealed weapons.
Every person who carries concealed upon his person any weapon consisting of an unlicensed revolver, unlicensed pistol, unlicensed rifle, or other unlicensed firearm or silencer, any knife (other than an ordinary pocket knife), or any dirk or dagger, slingshot or metal knuckles, or any instrument by the use of which injury could be inflicted upon the person or property of another, is guilty of a misdemeanor, and the police judge, as a part of the fine and penalty imposed, shall have power to and is authorized, in his discretion, to order that any such weapon taken from any person convicted of a violation of this section be forfeited, and the same shall thereupon be forfeited to the city.
This section shall have no application to police officers and other persons whose duty it is to execute process or warrants or to make arrests. (Ord. 351 § 4, 1969)
9.56.045 Carrying concealed pistol.
(1) Except in the person’s place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
(2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol, and:
(A) The pistol is on the licensee’s person;
(B) The licensee is within the vehicle at all times that the pistol is there; or
(C) The licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person at least 18 years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:
(A) Licensed under RCW 9.41.070 to carry a concealed pistol;
(B) In attendance at a hunter’s safety course or a firearms safety course;
(C) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge or a firearm is not prohibited;
(D) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(E) Hunting or trapping under a valid license issued to the person under RCW Title 77;
(F) In an area where the discharge of a firearm is permitted, and is not trespassing;
(G) Traveling with any unloaded firearm in the person’s possession to or from any activity described in subsection (4)(B), (C), (D), (E) or (F), except as provided in (H) of this section;
(H) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;
(I) On real property under the control of the person or a relative of the person;
(J) At his or her residence;
(K) A member of the armed forces of the United States, National Guard, or organized reserves, when on duty;
(L) A law enforcement officer; or
(M) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.
(5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
(6) Any city, town or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section. (Ord. 1110, 1997)
9.56.050 Discharging weapons.
Every person who shall, without first having obtained a permit from the city, fire or discharge any cannon, gun, pistol, revolver, “BB gun,” slingshot or like appliance or apparatus or any firearm of any description, or sells any squib, firecracker, torpedo or other thing containing gunpowder or other explosive material is guilty of a misdemeanor; provided, however, this shall not prohibit employees of the Westport police department from discharging firearms at the city firing range. (Ord. 801, 1986; Ord. 351 § 6, 1969)
9.56.055 Aiming or discharging firearms or other dangerous weapons.
(1) For conduct not amounting to a violation of Chapter 9A.36 RCW, any person who:
(A) Aims any firearm, whether loaded or not, at or towards any human being;
(B) Wilfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(C) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle or other dangerous weapon, although no injury results, is guilty of a gross misdemeanor punishable under Chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of Chapters 9A.32 and 9A.36 RCW. (Ord. 1046, 1996)
9.56.060 Drawing a weapon.
(1) It is unlawful for any person 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.
(2) Any person violating the provisions of subsection (1) of this section shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the Department of Licensing, and the city, town or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(A) Any act committed by a person while in his or her place of abode or fixed place of business;
(B) Any person who by virtue of his or her office of 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;
(C) Any person acting for the purpose of protecting himself or herself 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;
(D) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(E) Any person engaged in military activities sponsored by the federal or state governments. (Ord. 1094, 1997; Ord. 1089, 1996; Ord. 895 § 2, 1992; Ord. 351 § 7, 1969)
9.56.070 Dangerous weapons on school facilities prohibited.
(1) 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:
(A) Any firearm;
(B) Any other dangerous weapon as defined in RCW 9.41.250;
(C) 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;
(D) Any device, commonly known as “throwing stars,” which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(E) 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.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(A) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the Department of Licensing, and the city, town or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student’s parent or guardian regarding any allegation or indication of such violation.
(3) Subsection (1) of this section does not apply to:
(A) Any student or employee of a private military academy when on the property of the academy;
(B) Any person engaged in military, law enforcement, or school district security activities;
(C) 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;
(D) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(E) 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;
(F) Any nonstudent at least 18 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;
(G) Any nonstudent at least 18 years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(H) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(C) and (D) 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.
(5) Except as provided in subsection (3)(B), (C), (D) and (E) of this section, firearms are not permitted in a public or private school building.
(6) “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds. (Ord. 1075, 1996)
9.56.080 Delivery to ineligible persons.
No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a Class C felony, punishable under Chapter 9A.20 RCW. (Ord. 1101, 1997)
9.56.090 Weapons prohibited where.
(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 weapon:
(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) arrest for, charged with, or convicted of an offense; (ii) held for extradition or as a material witness; or (iii) 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;
(B) 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 used 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 objective of this subsection (1)(B) of this section.
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner’s visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner’s visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(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 access areas do not include common areas of egress and ingress open to the general public; or
(D) That portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age.
(2) Cities, towns, counties and other municipalities may enact laws and ordinances:
(A) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others; and
(B) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county or other municipality, except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration or lecture involving the exhibition of firearms.
(3)(A) Cities, towns and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in subsection (3)(B) of this section, a business selling firearms may not be treated more restrictively than other businesses located with the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.
(B) Cities, towns and counties may restrict the location of a business selling firearms to not less than 500 feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(B) shall be grandfathered according to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) 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.
(6) Subsection (1) of this section does 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.
(7) Subsection (1)(A) 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 firearm upon leaving but must immediately and directly depart from the place or facility.
(8) Subsection (1)(C) 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.
(9) Subsection (1)(D) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
(10) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.
(11) “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. 1109, 1997)
9.56.100 Possession of pistol by person from 18 to 21.
Unless an exception under RCW 9.41.042, 9.41.050 or 9.41.060 applies, a person at least 18 years of age, but less than 21 years of age, may possess a pistol only:
(1) In the person’s place of abode;
(2) At the person’s fixed place of business; or
(3) On real property under his or her control. (Ord. 1108, 1997)