Chapter 9.24
FIREARMS
Sections:
9.24.010 Shooting unlawful.
9.24.020 Carrying a pistol.
9.24.030 Loaded firearms in vehicles.
9.24.040 Exception to restriction on carrying a pistol.
9.24.050 Possession of a dangerous weapon.
9.24.060 Dangerous exhibitions.
9.24.070 Displaying a weapon.
9.24.075 Archery and archery ranges.
9.24.080 Violations—Penalty.
9.24.010 Shooting unlawful.
It is unlawful for any person to discharge within the city limits of Battle Ground any BB gun or air compression rifle or gun, shooting shot, bullet, or metallic object, provided, however, any such shooting shall be lawful if done under the auspices and supervision of any club or organization authorized by the city council of Battle Ground to conduct such shooting. (Ord. 98-014 § 1, 1998: Ord. 633 § II (4), 1989: Ord. 453 § 14, 1982)
9.24.020 Carrying a pistol.
A. Except in a 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 weapon.
B. A person 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.
C. A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon 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 of the vehicle. (Ord. 633 § III (5), 1989)
9.24.030 Loaded firearms in vehicles.
Except for marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the armed forces of the United States or of the National Guard or organized reserves when on duty, it is unlawful to carry, transport, convey, possess, or control in or on a motor vehicle a shotgun or rifle containing shells or cartridges in the magazine or chamber, or a muzzle-loading firearm loaded and capped or primed. (Ord. 633 § III (6), 1989)
9.24.040 Exception to restriction on carrying a pistol.
The provisions of BGMC Section 9.24.020 shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the armed forces of the United States or of the National Guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters; provided, such members are at or going to or from their places of target practice, or their collectors’ gun shows and exhibits, or on a hunting, camping or fishing trip, 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 to a place of repair or back to his home or place of business, or in moving from one place of abode or business to another. (Ord. 633 § III (7), 1989)
9.24.050 Possession of a dangerous weapon.
Every person who shall manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as sling 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, or a knife usually known as a “balisong” or “butterfly” knife, any device commonly known “nun-chu-ka sticks,” consisting of two or more lengths of wood, metal, plastic or similar substance connected with wire, rope, chain or other means, or any device commonly known as “throwing stars” which are multi-pointed metal objects designed to embed upon impact from any aspect; who shall furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a gross misdemeanor. (Ord. 97-844 § 10, 1997: Ord. 633 § III (8), 1989)
9.24.060 Dangerous exhibitions.
Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow, gun, pistol or firearm of any description, at or toward any human being, shall be guilty of a misdemeanor. (Ord. 633 § III (9), 1989)
9.24.070 Displaying a weapon.
A. It is unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other instrument apparently capable of producing bodily harm, in such 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 of this section 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 country which issued the license.
C. Subsection A of this section shall not apply to or affect the following:
1. Any act committed by a person while in his place of abode or fixed place of business;
2. Any person who, by virtue of his 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;
3. Any person acting for the purpose of protecting himself 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;
4. Any person making or assisting in making a lawful arrest for the commission of a felony; or
5. Any person engaged in military activities sponsored by the federal or state government. (Ord. 97-844 § 11, 1997: Ord. 633 § III (10), 1989)
9.24.075 Archery and archery ranges.
A. The shooting of an arrow from any type of bow will be prohibited in the city limits of Battle Ground unless such activity takes place on an archery range approved by the city.
1. Approval shall be by a permit process, said permit being issued by the police department. A fee shall be established for the permit by city council and paid at time of application.
2. Minimum requirements for an outdoor range shall be:
a. The down-range portion of the archery range will have either ample distance or obstruction so that the flight of an arrow cannot enter a residential living area or any area where people congregate or any area that may result in any detriment to the public safety.
b. An archery range shall be allowed on only lots equal to twenty thousand square feet or greater.
c. All four sides of the range shall be clearly marked with signs at least twenty-four inches wide and twelve inches in height that state that the area is an archery range.
d. Outdoor ranges will be specified as commercial or noncommercial.
e. Persons receiving a range permit must carry at least $1 million in liability insurance and will furnish a certificate of such to the city prior to a permit being issued. Renewal certificates will be furnished when appropriate.
f. The range will be inspected by the police department every six months to ensure continued range safety.
g. In the event conditions change near or on the property where a range is located which would detract from the safe operation of the range or create a violation of any conditions of the permit or any detriment to the public safety, it will be the responsibility of the owner to notify the city immediately.
h. Ranges will be operated during daylight hours only.
i. Targets will be no more than five feet off the ground.
j. Targets will be posted on a backstop capable of stopping an arrow. Said backstops will be at least eight feet high by four feet wide.
k. Permits to operate an archery range are revocable by the city at any time.
l. Permits are issued with the understanding that the police department may stop operation of a range at any time and for any duration by serving notice either verbally or in writing to the permit holder. The permit holder may request a hearing from the city council.
m. The police department will survey the range and make a determination of safety. Said determination will take into account the range layout, surrounding property, roadways and other factors deemed significant to the safe operation of a range. The police department will issue an opinion regarding range safety. Any proposed range which they feel presents a risk or cannot be operated in a safe manner will be denied a permit.
B. If the application is denied by the police department or any neighboring property owner feels aggrieved by approval of an archery permit, then the party feeling aggrieved may appeal the decision of the police department to the city council by filing a written request for a hearing not later than twenty-one days after the application is approved or denied. If such a written appeal is received by the city, the council shall, at its next regular meeting, set a time for hearing of the appeal. (Ord. 98-014 § 2, 1998)
9.24.080 Violations—Penalty.
Violation of any of the provisions of this chapter is a misdemeanor, except as noted. (Ord. 97-844 § 12, 1997: Ord. 633 § III (11), 1989: Ord. 547 § 2, 1985; Ord. 453 § 17, 1982)