Chapter 9.38
WEAPONS CONTROL
Sections:
9.38.010 Statutes incorporated by reference.
9.38.020 Dangerous weapons—Use, possession, concealing, sales, manufacture.
9.38.030 Discharge of firearms prohibited—Exceptions.
9.38.050 Penalty and confiscation.
9.38.010 Statutes incorporated by reference.
RCW 9.41.010 Terms defined.
RCW 9.41.050 Carrying a concealed weapon without permit/loaded weapon in vehicle.
RCW 9.41.060 Exceptions.
RCW 9.41.070 Issuance of licenses to carry.
RCW 9.41.080 Delivery to minors and others forbidden.
RCW 9.41.090 Sales regulated—Application to purchase—Grounds for denial.
RCW 9.41.093 Exemptions.
RCW 9.41.098 Forfeiture of firearms.
RCW 9.41.100 Dealers to be licensed.
RCW 9.41.110 Dealer’s license—Local authority to issue.
RCW 9.41.120 Certain transfers forbidden.
RCW 9.41.130 False information forbidden.
RCW 9.41.140 Alteration of identifying marks prohibited.
RCW 9.41.150 Exceptions.
RCW 9.41.160 Penalty.
RCW 9.41.170 Aliens licensed to carry firearms—Exception.
RCW 9.41.180(1) Setting of spring gun.
RCW 9.41.230 Aiming or discharging firearms.
RCW 9.41.240 Use of firearms by minor.
RCW 9.41.250 Dangerous weapons—Evidence.
RCW 9.41.260 Dangerous exhibitions.
RCW 9.41.270 Weapons apparently capable of producing bodily harm—Carrying, exhibiting, displaying or drawing unlawful—Penalty—Exceptions.
RCW 9.41.280 Students carrying dangerous weapons on school property.
RCW 9.41.300 Firearms prohibited in certain places—Local laws and ordinances—Exceptions—Penalty.
(Ord. 708 § 24 (part), 1991: Ord. 398 § 19.01, 1982)
9.38.020 Dangerous weapons—Use, possession, concealing, sales, manufacture.
A. It is unlawful for a person knowingly to:
1. Manufacture, sell, possess, purchase or carry any instrument or weapon of a kind usually known as a blackjack, slingshot, sandclub, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to inflict bodily injury or property damage; provided, that any violation of this subdivision shall be a gross misdemeanor;
2. Manufacture, sell, possess, purchase or carry any spring blade knife, balisong knife or any knife with a blade 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 force of gravity, or by an outward, downward or centrifugal thrust or movement, or any knife having a blade more than three and one-half inches in length, or any dagger, sword, bayonet, bolo knife, straight edge razor, or razor blade not in a package, dispenser or shaving appliance; provided, that any violation of this subdivision shall be a gross misdemeanor; provided further, that this subdivision shall not apply to:
a. Individual licensed hunters or fishermen while on hunting, camping or fishing trips,
b. Any person possessing or carrying such knife in a secure wrapper or sheath for the purpose of transporting it to or from a place of purchase or repair or transporting it to or from a place where it was or may be used for a lawful purpose or transporting it from one place of abode or business to another, or storing it in an owner’s place of abode or fixed place of business;
3. Furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; provided, that any violation of this subdivision shall be a gross misdemeanor; or
4. Use any contrivance or device for suppressing the noise of any firearm.
B. Exemptions. Subsection A of this section shall not apply to the following:
1. The possession of a nunchuka, throwing star or other martial arts weapon on the premises of a school which holds a business license and teaches the art of self-defense;
2. The manufacture of a nunchuka, throwing star or other martial arts weapon for sale to or the sale of a nunchuka, throwing star or other martial arts weapon to a school which holds a business license and teaches the art of self-defense. (Ord. 708 § 24 (part), 1991: Ord. 398 § 19.02, 1982)
9.38.030 Discharge of firearms prohibited—Exceptions.
It is unlawful for any person to discharge any firearm in the city except upon a commercial pistol firing range which has been issued a business license from the city for such purpose; provided, that this prohibition does not apply to the discharge of firearms in reasonable self-defense, discharge in an approved demonstration or lecture involving firearms or by law enforcement officers, military personnel, or authorized security personnel engaged in the performance of their official powers or duties. (Ord. 732 § 1, 1992: Ord. 708 § 24 (part), 1991: Ord. 398 § 19.03, 1982)
9.38.040 Air guns.
A. 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 or spring-loaded plunger, any pellet, dart, hardtipped arrow, bean, pea, BB, 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.
B. Except as hereinafter provided, it is unlawful:
1. For any person under fourteen 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 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 a 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. 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 subsection A of this section to any child under the age of fourteen years, except under the provisions of subsection (B)(1) of this section;
4. For any merchant to sell or rent any air guns to minors under fourteen years of age, except when the minor is in the presence of his parent or other adult in charge of the child.
C. The provisions of subsection (B)(1) and (3) of this section shall not apply:
1. When any minor is possessing or using the weapon on a gun range operated or conducted by any school, educational institution or other regulated group pursuant to rules and regulations provided by the city park department under regulations provided by the chief of police or city ordinance and licensed by the city; or
2. When the minor is possessing or using the air gun with a regulated or supervised course or range provided by the city park department under regulations or ordinances duly promulgated and adopted therefor; or
3. When any minor is carrying the weapon unloaded or otherwise properly dismantled, to and from such licensed or authorized course; or
4. When the minor has obtained a certificate of proficiency from the chief of police under the rules and regulations promulgated by the chief to ensure the safe handling of the toys or weapons by the minor, or when confined to an area within the property of the parents of the minor which complies with the regulations relating to private practice or target ranges as promulgated by the chief. (Ord. 708 § 24 (part), 1991: Ord. 398 § 19.04, 1982)
9.38.050 Penalty and confiscation.
A Violations of this chapter shall constitute a misdemeanor and be subject to the provisions contained in Mukilteo Municipal Code Chapter 1.32, General Penalties.
B. Upon the conviction of any person for an offense defined in this chapter, the chief of police or his designee may confiscate the firearm or other weapon or unlawful instrument carried, worn, concealed, drawn, exhibited, used or attempted to be used, fired, set off or discharged in violation of this chapter, and shall at the conclusion of the case or conviction, pursuant to court order, dispose of them in the manner provided by law. (Ord. 1083 § 11, 2003: Ord. 708 § 24 (part), 1991)