Chapter 9.12


9.12.010  Discharge of firearms prohibited.

9.12.020  Aiming or discharging weapons.

9.12.030  Penalty.

9.12.040  Disposal of forfeited firearms.

Legislative history: Ords. 85-110 and 94-318.

9.12.010 Discharge of firearms prohibited.

It is unlawful for any person to discharge any firearm in the city of Mill Creek 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.

9.12.020 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; or

B. Discharge any air gun, gas-operated gun, BB gun or weapon other than a firearm.

9.12.030 Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not to exceed $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment.

9.12.040 Disposal of forfeited firearms.

A. Except as provided in subsections B and C of this section, all firearms that come into the possession of the police department after June 30, 1993, that are judicially forfeited under RCW 9.41.098 and are no longer needed for evidence, or that are forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010, shall be disposed of by the police department as appropriate in its sole discretion in one or more of the following ways:

1. Retained for use by the police department; or

2. Destroyed.

B. Antique firearms as defined by RCW 9.41.150, as now or hereafter amended, 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 only be disposed of by auction or trade to commercial sellers. All proceeds from the trade or auction of antique firearms occurring under this subsection shall be retained and used by the police department.

C. All firearms that are illegal for any person to possess shall be destroyed and shall not be retained; provided, however, if firearms otherwise illegal to possess may be rendered legal to possess by removal or alteration of component parts, the police department may, in its discretion, effect such removal or alteration, and may thereafter retain the firearm under the provisions of this section.