Chapter 5.24
FIREARMS AND DANGEROUS WEAPONS
Sections:
5.24.010 Firearms and dangerous weapons – Prohibitions.
5.24.012 Definitions – Knives.
5.24.014 Dangerous weapons – Use, possession, concealing, sales, manufacture.
5.24.020 Aiming or discharging weapons.
5.24.030 Discharge of firearms prohibited.
5.24.040 Weapons prohibited on liquor sale premises.
5.24.050 Weapons prohibited in restricted areas of court facilities.
5.24.060 Destruction, trade or sale of forfeited firearms.
5.24.010 Firearms and dangerous weapons – Prohibitions.
The following statutes of the state of Washington are adopted by reference:
RCW
9.41.010 Terms defined
9.41.050 Carrying pistol
9.41.060 Exception
9.41.070 Issuance of licenses to carry
9.41.080 Delivery to minors and others forbidden
9.41.090 Sales regulated – Application to purchase – Grounds for denial
9.41.093 Exemptions
9.41.095 Denial of application – Appeal
9.41.098 Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer
9.41.100 Dealer's licenses, by whom granted and condition thereof – Wholesale sales excepted – Permits prohibited
9.41.110 Dealer's license – Local authority to issue
9.41.120 Certain transfers forbidden
9.41.130 False information forbidden
9.41.140 Alteration of identifying marks prohibited
9.41.150 Exemption – Antique firearms
9.41.160 Penalty
9.41.170 Alien's license to carry firearms – Exceptions
9.41.180 Setting spring gun
9.41.230 Aiming or discharging weapon
9.41.240 Use of firearms by minor
9.41.250 Dangerous weapon – Evidence
9.41.260 Dangerous exhibitions
9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions
9.41.280 Students carrying dangerous weapons on school property.
9.41.300 Firearms prohibited in certain places – Local laws and ordinances, exceptions – Penalty
[Ord. 2853 § 21, 1991; Ord. 2645 § 1, 1988; Ord. 2531, 1985].
5.24.012 Definitions – Knives.
The following definitions shall apply throughout this chapter:
A. “Balisong knife” means a single edged blade knife which has a two-piece handle. The two halves of the handle sheathe the blade when it is in the closed position. In the open position, the two halves of the handle form a haft.
B. “Dangerous knife” means any fixed blade knife, any balisong knife and any other knife having a blade more than three and one-half inches in length or any dagger, sword, bayonet, bolo knife, hatchet, straight edge razor or razor blade not contained in a package, dispenser or shaving appliance.
C. “Fixed-blade knife” means any knife regardless of blade length, with a blade which is permanently open and does not fold, or retract or slide into the handle of the knife and includes any dagger, sword, bayonet, bolo knife, hatchet, axe, straight edged razor, or razor blade not in a package, dispenser or shaving appliance.
D. “Switchblade knife” means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism, or other devise, or a blade that opens, falls or is ejected into position by force of gravity or by an outward, downward, or centrifugal trust or movement. [Ord. 2645 § 2, 1988].
5.24.014 Dangerous weapons – Use, possession, concealing, sales, manufacture.
A. It is unlawful for a person knowingly to:
1. Manufacture, sell, possess, purchase, carry or dispose of any switchblade knife or balisong knife or any instrument or weapon of the kind usually known as a blackjack, slungshot, sand-club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to conflict bodily injury or property damage;
2. Furtively carry concealed or unconcealed on his or her person any dangerous knife or dangerous weapon other than a pistol;
3. Sell or give away to any person under 18 years of age any dangerous knife, fixed blade knife, switchblade knife, slungshot, blowgun or dangerous weapon;
4. Sell or rent any airgun to any person under 18 years of age;
5. Carry with intent to conceal any dirk, airgun or blowgun;
6. Furtively carry a pistol with intent to conceal; or
7. Use any contrivance or device for suppressing the noise of any firearm. [Ord. 2853 § 22, 1991].
B. Exemptions.
1. Nunchuka, Chako Sticks and Throwing Stars. The proscriptions of subsection (A)(1) relating to chako sticks, throwing stars and other martial arts weapon shall not apply to or affect regularly enrolled members of clubs and associations organized for the practice, instruction or demonstration of self-defense arts involving chako sticks, throwing stars or other martial art weapons while such members are at or are going to or from their place of residence, a practice session, an instruction session, a demonstration or a place of repair, or while such members are going from the place of purchase; provided, further, that the proscriptions of subsection (A)(1) concerning the manufacture and sales of chako sticks, throwing stars and other martial arts weapon shall not apply to such clubs and organizations when chako sticks, etc. are manufactured for or sold to regularly enrolled members for use at a practice or instruction session or demonstration.
2. Dangerous Knives. The proscriptions of subsection (A)(2) of this section shall not apply to:
a. Scuba divers, licensed hunters or licensed fishermen or hunters or fishermen exempt from licensing requirements under state law, actively engaged in hunting and fishing activity including education and travel related thereto;
b. Any person immediately engaged in an activity related to a lawful occupation which commonly requires the use of such knife; provided, such knife is carried unconcealed; provided, further, that a dangerous knife carried openly in a sheath suspended from the waist of a person is not concealed within the meaning of this subsection;
c. Any person carrying such knife in a secure wrapper or in a tool box while traveling from the place of purchase, from or to a place of repair, or from or to such person's home or place of business, or moving from one place of abode or business to another, or while in such person's place of abode or fixed place of business.
3. The proscriptions of this section shall not apply to any collector of weapons or museum when such weapons are contained in a secure case intended for display or otherwise secured such that they are not accessible to unauthorized persons.
C. Minors. It is unlawful for any person under 18 years of age to possess any blowgun, airgun, dangerous knife or deadly weapon, other than a firearm, except when under the direct supervision of an adult.
D. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. [Ord. 2853 § 23, 1991; Ord. 2654 §§ 18, 19, 20, 1988; Ord. 2645 § 3, 1988].
5.24.020 Aiming or discharging weapons.
It is unlawful for any person to willfully:
A. Aim any loaded or unloaded gun, pistol, revolver or other firearm at or towards any human being;
B. Discharge any airgun or weapon other than a firearm; or
C. Throw any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury shall result. [Ord. 2531, 1985].
5.24.030 Discharge of firearms prohibited.
It is unlawful for any person to discharge any firearm in the city of Edmonds where there is reasonable likelihood of injury to humans, domestic animals or property; provided that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers or duties. This section 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. [Ord. 2531, 1985].
5.24.040 Weapons prohibited on liquor sale premises.
A. It shall be unlawful for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age to:
1. Carry any rifle, shotgun or pistol, whether said person has a license or permit to carry said firearm or not, and whether said firearm is concealed or not;
2. Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether said weapon or instrument is concealed or not;
3. Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as num-chuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether said instrument or weapons is concealed or not.
B. Exceptions. The above shall not apply to or affect the following:
1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
2. Law enforcement personnel;
3. Security personnel while engaged in official duties; or
4. The proprietor of the premises or his or her employees while engaged in their employment.
C. Warning Signs Required. Signs, informing the public of the prohibitions contained herein, shall be conspicuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instruments are prohibited.
Said signs shall be provided by the city to all affected places of business, and shall bear the following inscription:
WARNING – WEAPONS PROHIBITED: It shall be unlawful for any person, other than a commissioned law enforcement officer, to enter onto this premises while carrying any of the following weapons or instruments, whether a license or permit to carry said weapon is possessed or not, and whether said weapon or instrument is concealed or not: Rifle, shotgun, pistol, knife, sword, dagger or any other cutting or stabbing instrument, having a blade longer than three inches; or any razor with an unguarded blade; or any explosive; or any poison or injurious gas; or any sling shot, taser, throwing star, bow, sand club, blackjack, metal knuckles, stick, chain, metal pipe, bar, club or combination thereof, including a device having the same or similar components or parts; or any weapon or instrument apparently capable of producing bodily harm. ECC 5.24.040.
D. Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. [Ord. 2531, 1985].
5.24.050 Weapons prohibited in restricted areas of court facilities.
A. Weapons are prohibited in restricted areas of court facilities. As provided in RCW 9.41.300, and adopted herein, restricted areas are those 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.
B. Weapons are defined in Chapter 5.24 ECC which adopts RCW 9.41.250.
C. The municipal judge shall designate and clearly mark areas in municipal court where weapons are prohibited, and shall post notices at entrances to the court facility stating that weapons are prohibited in restricted areas.
D. The city shall provide a stationary locked box, sufficient in size for short firearms, and key to the weapon owner for weapon storage, or shall designate an official to within the court facility to receive weapons for safekeeping, during the owner's visit to restricted areas of the court facility. [Ord. 2942 § 1, 1993].
5.24.060 Destruction, trade or sale of forfeited firearms.
A. Firearms that are (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of by the city of Edmonds.
B. The city of Edmonds may destroy, retain, trade, auction or arrange for an auction of forfeited firearms obtained on or after June 30, 1993 pursuant to ECC 5.24.010(I) adopting by reference RCW 9.41.098.
C. The city of Edmonds may retain the proceeds of any trade or auction of forfeited firearms. [Ord. 2972 § 1, 1994].