LACEY MUNICIPAL CODE
A
Codification of the General Ordinances of the City of Lacey, Washington
Title 9: PUBLIC PEACE,
SAFETY AND MORALS
Chapter 9.36
FIREARMS AND WEAPONS [1]
Sections:
9.36.010 Definitions
9.36.020 Carrying a pistol
9.36.030 Exceptions to restrictions on carrying a pistol
9.36.040 Aiming or discharging weapon
9.36.050 Use of firearm by a minor
9.36.060 Dangerous weapons
9.36.070 Unlawful carrying or displaying a dangerous weapon
9.36.080 Carrying weapons on school facilities
9.36.090 Loaded firearms in vehicles
9.36.100 Forfeitures
9.36.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. “Firearm” means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
B. “Pistol” means any firearm with a barrel less than twelve inches in length, or is designed to be held and fired by the use of a single hand.
C. “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
D. “Short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
E. “Shotgun” means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
F. “Short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
G. “Machine gun” means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
H. “Antique firearm” means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
I. “Loaded” means:
1. There is a cartridge in the chamber of the firearm;
2. Bullets are in a clip that is locked in place in the firearm;
3. There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
4. There is a cartridge in the tube, magazine, or other compartment of the firearm.
J. “Dealer” means a person engaged in the business of selling firearms or ammunition at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18. U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms. (Ord. 1001 §9, 1994).
9.36.020 Carrying a pistol.
A. Except in the person’s place of abode or fixed place of business;
1. A person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol; and
2. Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this Section 9.36.020.A.2. shall be a class one civil infraction under Revised Code of Washington Chapter 7.80 and shall be punished accordingly pursuant to Revised Code of Washington Chapter 7.80 and infraction rules for courts of limited jurisdiction.
B. 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:
1. The pistol is on the licensee’s person;
2. The licensee is within the vehicle at all times that the pistol is there, or
3. The licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
C. A person at least eighteen 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.
D. Any violation of Section 9.36.020, unless otherwise provided, is a misdemeanor.
E. Nothing in this section permits the possession of firearms illegal to possess under state or federal law. (Ord. 1076 §12, 1998; Ord. 1001 §9, 1994).
9.36.030
Exceptions to restrictions on carrying a pistol. The
provisions of Lacey Municipal Code 9.36.020 shall not apply to:
A. Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers;
B. Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
C. Officers or employees of the United States duly authorized to carry a concealed pistol;
D. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
E. Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
F. Regularly enrolled members of clubs organized for the purpose of target shooting when those members are at or are going to or from their places of target practice;
G. Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting when those members are at or are going to or from their collector’s gun shows and exhibits;
H. Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
I. Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
J. Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has the following:
1. Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency’s chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and
2. Not been convicted of a crime making him or her ineligible for a concealed pistol license. (Ord. 1076 §13, 1998; Ord. 1001 §9, 1994).
9.36.040
Aiming or discharging weapon. Any
person who:
A. Aims any firearm, whether loaded or not, at or towards any human being;
B. Willfully 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 Revised Code of Washington 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.
If an injury results from a violation of this section, the person violating this section shall be subject to the applicable provisions of Lacey Municipal Code chapter 9.12 and/or state law. (Ord. 1001 §9, 1994).
9.36.050
Use of firearm by a minor.
A. Unless an exception under Lacey Municipal Code Section 9.36.020 or Section 9.36.030 applies, a person at least eighteen years of age, but less than twenty-one 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 the real property under his or her control.
B. Possession of a pistol in violation of this section shall constitute a misdemeanor. (Ord. 1001 §9, 1994).
9.36.060
Dangerous Weapons. Any person who:
A. Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slug 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;
B. Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
C. Uses any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor. (Ord. 1001 §9, 1994).
9.36.070 Unlawful carrying or displaying a
dangerous weapon.
A. It shall be 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.
B. Any person violating the provisions of subsection A. above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection 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.
C. Subsection A. of this section shall not apply to or affect the following:
1. 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 while in the performance of such duty;
2. Any person acting for the purpose of protecting himself or herself or such persons place of abode or fixed place of business 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;
3. Any person making or assisting in making a lawful arrest for the commission of a felony; or
4. Any person engaged in military activities sponsored by the federal or state governments. (Ord. 1001 §9, 1994).
9.36.080
Carrying weapons on school facilities.
A. 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:
1. Any firearm;
2. Any other dangerous weapon as defined in Lacey Municipal Code Section 9.36.060.
3. 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;
4. Any device, commonly known as “throwing stars”, which are multi-pointed, metal objects designed to embed upon impact from any aspect;
5. 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.
B. Any such person violating subsection A. of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection A. 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.
C. Subsection A. of this section does not apply to:
1. Any student or employee of a private military academy when on the property of the academy;
2. Any person engaged in military, law enforcement, or school district security activities;
3. 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;
4. Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
5. Any person in possession of a pistol who has been issued a license under Revised Code of Washington 9.41.070, or is exempt from the licensing requirements of Lacey Municipal Code 9.36.030 or by Revised Code of Washington 9.41.060, while picking up or dropping off a student;
6. Any nonstudent at least eighteen 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;
7. Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
8. Any law enforcement officer of the federal, state, or local government agency.
D. Subsections A. 3. and 4. 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.
E. Except as provided in subsection C. 2, 3, 6 and 8 of this section, firearms are not permitted in a public or private school building.
F. “GUN-FREE ZONE” signs may be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds. (Ord. 1001 §9, 1994).
9.36.090 Loaded firearms in vehicles.
A. Except as provided in Revised Code of Washington 77.16.290 regarding exemptions for law enforcement officers and Revised Code of Washington 77.32.238 regarding disabled hunter’s permits, it is unlawful to carry, transport, convey, possess or control in or on a motor vehicle, a shotgun or rifle containing shells or cartridges within the magazine or chamber or a muzzle loading firearm loaded and capped or primed.
B. Violation of this section shall constitute a misdemeanor. (Ord. 1001 §9, 1994).
9.36.100 Forfeitures.
A. The court may order forfeiture of a firearm which is proven to be:
1. Found concealed on a person not authorized by Lacey Municipal Code Section 9.36.030 or Revised Code of Washington 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
2. Commercially sold to any person without an application as required by Revised Code of Washington 9.41.090;
3. Found in the possession of a person prohibited from possessing the firearm under Revised Code of Washington 9.41.040;
4. Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in Lacey Municipal Code Chapter 10.04;
5. Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 Revised Code of Washington;
6. Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction;
B. Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
C. Any court when entering an order authorized under Lacey Municipal Code 9.13.070, Revised Code of Washington 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a firearm under the provision of Revised Code of Washington 9.41.040:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under Revised Code of Washington 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
4. Prohibit the party from obtaining or possessing a concealed pistol license.
D. Any court when entering an order authorized under Lacey Municipal Code 9.12.070, Revised Code of Washington 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060 or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of Revised Code of Washington 9.41.040:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under Revised Code of Washington 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
4. Prohibit the party from obtaining or possessing a concealed pistol license.
E. The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
F. In addition to the provisions of subsections C., D. and E. of this section, the court may enter an order requiring a party to comply with the provisions in subsection C. of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
G. The requirements of subsections C. D. and F. of this section may be for a period of time less that the duration of the order.
H. All procedures to be followed by the court, clerk of the court and law enforcement officers in the enforcement and adjudication of sections 9.36.010 through 9.36.100 of this chapter shall be in accordance with the procedures of Revised Code of Washington 9.41 relating to firearms. (Ord. 1001 §9, 1994).
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