Chapter 10.52
WEAPONS CONTROL

Sections:

10.52.010    Statutes adopted by reference.

10.52.020    Definitions.

10.52.030    Dangerous weapons – Use, possession, concealing, sales and manufacture.

10.52.040    Discharging firearm or explosive – Exceptions.

10.52.050    Destruction and disposition of confiscated firearms.

10.52.010 Statutes adopted by reference.

A. List of Statutes. The following statutes of the state of Washington, as now or hereafter amended, are adopted by reference:

RCW

9.41.010    Terms defined.

9.41.040    Unlawful possession of firearms – Ownership, possession by certain persons – Restoration of right to possess – Penalties.

9.41.042    Children – Permissible firearm possession.

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.

9.41.113    Firearms sales or transfers – Background checks – Requirements – Exceptions.

9.41.115    Penalties – Violations of RCW 9.41.113.

9.41.120    Certain transfers forbidden.

9.41.130    False information forbidden.

9.41.140    Alteration of identifying marks – Exceptions.

9.41.150    Exemptions.

9.41.160    Penalty.

9.41.170    Alien’s license to carry firearms – Exception.

9.41.180    Setting spring gun.

9.41.220    Machine guns.

9.41.230    Aiming or discharging firearms.

9.41.240    Use of firearms by minor.

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 premises – Penalty – Exceptions.

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

B. Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor, except as otherwise provided. (Ord. 3388 § 1, 2021; Ord. 2140 § 1, 1997; Ord. 1728 § 3, 1989)

10.52.020 Definitions.

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 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, machete, 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 device, or a blade that opens, falls or is ejected into position by force of gravity or by an outward, downward, or centrifugal thrust or movement. (Ord. 1728 § 3, 1989)

10.52.030 Dangerous weapons – Use, possession, concealing, sales and manufacture.

A. Unlawful Activities. 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, slingshot, sandclub, metal knuckles, chako sticks or throwing stars;

2. 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, blowgun or dangerous weapon;

4. Sell 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.

B. Exemptions.

1. Chako Sticks and Throwing Stars. The proscriptions of subsection (A)(1) relating to chako sticks and throwing stars 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 or throwing stars 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) of this section concerning the manufacture and sales of chako sticks and throwing stars shall not apply to such clubs and organizations when chako sticks are manufactured for or sold to regularly enrolled members for use at a practice or instructions session or demonstration.

2. Dangerous Knives. The proscriptions of subsection (A)(2) of this section shall not apply to:

a. 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 waste 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 where 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. Penalty. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. (Ord. 1728 § 3, 1989)

10.52.040 Discharging firearm or explosive – Exceptions.

A. Unlawful Activity. It is unlawful to fire or discharge any cannon, gun, pistol, revolver, or other firearm or to fire or explode or set off any squib, firecracker, torpedo or other thing containing powder or other explosive material in any public place, or in any place where any person might be endangered thereby, except on days of public celebration or jubilee, and then only as permitted by law.

B. Exemption. This section shall not apply to the following:

1. Licensed shooting galleries;

2. Airplane ordinance testing and proving grounds used in the manufacture of aircraft;

3. Rifle or pistol practice ranges located, established, used and patrolled by the armed forces of the United States, by the state of Washington, or by the police department;

4. The discharge of any firearm in the performance of official duties or in the course of employment or in civilian sports by any person having a permit or lawful right to carry such firearm; or

5. The lawful use of explosives for blasting or construction or demolition work.

E. Penalty. Any person violating the provisions of this section shall be guilty of a gross misdemeanor. (Ord. 1728 § 3, 1989)

10.52.050 Destruction and disposition of confiscated firearms.

A. Definitions:

1. “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

2. “Antique firearms” 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, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

3. “Machine gun” means any firearm known as a machine gun, machine rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, 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.

4. “Rifle” means any firearm designed and intended to be fired from the shoulder and designed and intended to use the energy of the explosive in a fixed metal cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

5. “Short-barreled rifle” means a rifle with a barrel or barrels less than 16 inches in length or with an overall length of less than 26 inches.

6. “Shotgun” means a firearm designed and intended to be fired from the shoulder and designed and intended to use the energy from 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.

7. “Short-barreled shotgun” means a shotgun with a barrel or barrels less than 18 inches in length or with an overall length of less than 26 inches.

8. For purposes of this section only, “handguns of potential value” means any handgun:

a. Accepted as a duty weapon, or any type, make, model, and caliber used by law enforcement; and

b. Manufactured after 1945 which has a current version in production; and

c. Conditioned to operate legally and safely; and

d. Graded as “good” or better according to National Rifle Association grading scales; and

e. Manufactured by Smith and Wesson, Colt, Ruger, Beretta, Browning, Walther, Sig Sauer, Heckler and Koch, Glock, Dan Wesson, and Detonics.

9. Handguns manufactured by Charter Arms, Harrington and Richardson, Rohm/RG, Rossi, Taurus, Iver Johnson, High Standard and other similar lower value weapons, handguns considered as “assault” type handguns such as the Ingram/Cobray/RPB models M-10 or M-11, Intratec Tech 9, Wilkinson “Linda” or “Diane” and other similar rapid fire semiautomatic handguns normally manufactured and intended to use magazines with capacities in excess of 20 rounds, or handguns manufactured by another but sold under “house” names by department stores or discount stores, or all handguns caliber .25ACP or smaller with barrels less than four inches in length, and, which are not classified as curios, relics, or collectors’ arms per the list maintained by the United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms, are presumed not to have potential value. The chief may determine on a case-by-case basis whether a handgun has potential value.

B. Inventory, Destruction and Disposition. The chief of police (“chief”) shall, by July 1, 1997, have prepared an inventory of every firearm that has been judicially forfeited, or that has been forfeited due to a failure to make a claim under RCW 63.32.010, 63.35.020, or 63.40.010, and that is no longer needed for evidence. This inventory shall be updated annually and shall include a report on the disposal of firearms included in the inventory.

The chief shall destroy every firearm in the inventory by rendering them permanently nonfunctional, except that:

1. The chief may retain legally forfeited firearms solely for agency use.

2. The chief may trade, auction, or arrange for the auction of rifles and shotguns to commercial sellers.

3. Antique firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers.

4. Surplus weapons and weapons of potential value may be offered as trade-in to law enforcement equipment dealers for the sole purpose of acquiring police safety equipment for duty use by commissioned members of the Lynnwood police department. If not offered as trade-in, they shall be destroyed.

C. All proceeds of a sale, auction or trade shall be credited to the police department budget, Department 21, Fund 011, object item number 3501 (small equipment purchases). (Ord. 2136 § 1, 1997)