Chapter 11.41
FIREARMS AND WEAPONS
Sections:
11.41.055 Dangerous weapons.
11.41.075 Disposition of confiscated and forfeited firearms.
11.41.140 Air gun defined.
11.41.150 Possession of air guns.
11.41.160 Exceptions.
11.41.170 Penalty for violations of air gun regulations.
11.41.180 Restricting the discharge of firearms.
11.41.055 Dangerous weapons.
(a) Every person who manufactures, sells or disposes of or has in his possession any instrument, martial arts weapon or other weapon of the kind usually known as blackjack, slingshot, nunchaku, throwing star, 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; who shall furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or who uses any contrivance or device for suppressing the noise of any firearm, is guilty of a misdemeanor.
(b) Subsection (a) of this section shall not apply to any of the following:
(1) The possession of a nunchaku, throwing star or other martial arts weapon on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense;
(2) The manufacture of a nunchaku, throwing star or other martial arts weapon for sale to, or the sale of a nunchaku, throwing star or other martial arts weapon to, a school which holds a regulatory or business license and teaches the arts of self-defense.
(c) “Nunchaku” means any device consisting of two or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means.
(d) “Throwing star” means any device which is a multipointed, metal object designed to embed upon impact. (Ord. 4334 § 6 (part), 2011)
11.41.075 Disposition of confiscated and forfeited firearms.
Firearms taken into the custody of the Kirkland police department shall be disposed of as follows:
(1) Firearms illegal for any person to possess shall be destroyed.
(2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(3) The Kirkland police department may retain a maximum of ten percent of legal forfeited firearms for agency use.
(4) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed. (Ord. 4334 § 6 (part), 2011)
11.41.140 Air gun defined.
As used in this chapter, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas, electricity, or spring loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB (metal or plastic), paint ball, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. 4334 § 6 (part), 2011)
11.41.150 Possession of air guns.
(a) Except as hereinafter provided, it is unlawful:
(1) For any person under eighteen years of age to carry or shoot any air gun within the city when not in the presence of his parent or other adult in loco parentis and under the direction and control of such adult;
(2) For any parent or person in loco parentis to allow, give or permit the possession of any air gun, falling within the definition contained in Section 11.41.140, to any child under the age of eighteen years, except under the provisions of subsection (a)(1) of this section;
(3) For any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapons in the direction of the person or residence of another, while within such range as would make possible injury to the person or damage the property of another;
(4) For any person to point or shoot an air gun in the direction of, while within such range as to kill, injure, or disturb, any nongame bird or harmless bird or songbird;
(5) For any merchant to sell or rent any air guns to minors under eighteen years of age, except when such minor is in the presence of his parent or other adult in charge of such child.
(b) Provided further, that the provisions of subsections (a)(3) and (4) of this section shall not prohibit the use of such weapons by a person over eighteen years of age, when such use is reasonably necessary and represents reasonable force in the protection of the person or property of the user or another. (Ord. 4334 § 6 (part), 2011)
11.41.160 Exceptions.
The provisions of Section 11.41.150(a)(1) and (2) shall not apply:
(1) When such minor is possessing or using such weapons on a gun range or game course operated or conducted by any school, educational institution or other regulated group, pursuant to rules and regulations provided by the chief of police or city ordinance and licensed by the city; or
(2) When such minor is carrying such weapon unloaded and otherwise properly dismantled, to and from such licensed or authorized course; or
(3) When confined to an area within the property of the parents of such minor which complies with the regulations relating to private practice or target ranges or game courses as promulgated by the chief of police. (Ord. 4334 § 6 (part), 2011)
11.41.170 Penalty for violations of air gun regulations.
Any person convicted of violation of the provisions of Sections 11.41.150 and 11.41.160 shall be guilty of a misdemeanor, and the weapon so used in violation of the provisions hereof shall be confiscated by the court. (Ord. 4334 § 6 (part), 2011)
11.41.180 Restricting the discharge of firearms.
Except for law enforcement officers in the performance of their official powers and duties and individuals in the lawful defense of self or others, it is unlawful to discharge any firearm in any portion of the city due to the reasonable likelihood that humans, domestic animals, or property will be jeopardized thereby; provided, however, the provisions of this section shall not apply to a rifle or pistol firing range which has been issued a business license by the city for such purpose. For all purposes under this title, the term “firearm” shall have that same meaning as set forth in RCW 9.41.010(11) and as such statute may hereafter be amended. (Ord. 4686 ยง 1, 2019)