Chapter 9.36
FIREARMS AND
DANGEROUS WEAPONS

Sections

9.36.010    Firearms and dangerous weapons – Prohibitions.

9.36.020    Unlawful use of air guns – Penalty.

9.36.030    Weapons prohibited on liquor sale premises.

9.36.040    Firearms prohibited – Additional places – Penalty.

9.36.050    Discharge of firearms prohibited.

9.36.010 Firearms and dangerous weapons – Prohibitions.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

    9.41.010 Terms defined.

    9.41.050 Carrying pistol.

    9.41.060 Exception to restriction on carrying pistol.

    9.41.070 Issue of licenses to carry – Fee – Revocation – Renewal.

    9.41.080 Delivery to minors and others forbidden.

    9.41.090 Commercial sales regulated – Requirements for delivery – Hold on delivery.

    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 Dealers to be licensed.

    9.41.110 Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

    9.41.120 Certain transfers forbidden.

    9.41.130 False information forbidden.

    9.41.140 Alteration of identifying marks – Exceptions.

    9.41.150 Exemptions – Antique firearms.

    9.41.160 Penalty.

    9.41.170 Alien’s license to carry firearms – Exception.

    9.41.180 Setting spring gun.

    9.41.200 Machine gun defined.

    9.41.220 Machine guns and parts contraband.

    9.41.230 Aiming or discharging firearms.

    9.41.240 Use of firearms by minor.

    9.41.250 Dangerous weapons – Evidence.

    9.41.260 Dangerous exhibitions.

    9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.

    9.41.280 Students carrying dangerous weapons on school premises – Penalty – Exceptions.

    9.41.300 Firearms prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

    77.16.250 Loaded firearms in vehicles.

    77.16.260 Shooting firearm from public highway.

    77.16.290 Law enforcement officers – Exemption.

[Ord. 1036 § 29, 1993.]

9.36.020 Unlawful use of air guns – Penalty.

(1) As used in this section, “air gun” includes the following: air gun, air pistol, air rifle, BB gun, and toy or other guns of any kind or nature when so designed, contrived, modified, and used to propel, by compressed air, by gas, or by spring-loaded plunger, a pellet, dart, hard-tipped arrow, bean, pea, BB, rock, or other hard substance a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(2) It is unlawful for a person to point or shoot an air gun at a person or property of another, or to aim or discharge the air gun in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.

(3) Penalty.

(a) A violation of or failure to comply with this section is a gross misdemeanor.

(b) In addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions of this section be confiscated, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons. [Ord. 1036 § 30, 1993.]

9.36.030 Weapons prohibited on liquor sale premises.

(1) Except as provided in subsection (2) of this section, it is unlawful for a person, on or in a premises in the city where alcoholic beverages are dispensed by the drink to:

(a) Carry a firearm, rifle or handgun, whether the person has a license or permit to carry a firearm or not, and whether the firearm is concealed or not;

(b) Carry a knife, sword, dagger, or other cutting or stabbing instrument, with a blade of a length of three inches or more, or a razor with an unguarded blade, whether the weapon or instrument is concealed or not; or

(c) Carry an instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or a stick, chain, metal pipe, bar, club or combination thereof including a device known as numchuk sticks, or a like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or an explosive or poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether the instrument or weapon is concealed or not.

(2) The provisions of this section shall not apply to or affect the following:

(a) A lawful act committed by a person while in the person’s fixed place of business;

(b) A person who by virtue of the person’s office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not; or

(c) A person making or assisting in making a lawful arrest for the commission of a felony.

(3) Penalty.

(a) A violation of or failure to comply with this section is a misdemeanor.

(b) Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons. [Ord. 1036 § 31, 1993.]

9.36.040 Firearms prohibited – Additional places – Penalty.

(1) It is unlawful for a person to enter the following places when the person knowingly possesses or knowingly has under the person’s control a firearm:

(a) The council chambers of the Des Moines city council; or

(b) The courtroom of the Des Moines municipal court.

(2) The provisions of this section shall not apply to:

(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(b) Commissioned law enforcement personnel; or

(c) Security personnel while engaged in official duties.

(3) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 32, 1993.]

9.36.050 Discharge of firearms prohibited.

(1) Except as provided in subsection (2) of this section, it is unlawful for a person to knowingly discharge a firearm within the city.

(2) The provisions of this section shall not apply to:

(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(b) Commissioned law enforcement personnel;

(c) Security personnel while engaged in official duties;

(d) A person utilizing a properly licensed instructional, membership, and/or commercial shooting range; or

(e) A person exercising the right of the individual citizen guaranteed by Article I, Section 24 of the state Constitution to bear arms in defense of self or the state.

(3) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 33, 1993.]