Chapter 9.32
DANGEROUS WEAPONS PROHIBITED Revised 3/18 Revised 4/19

Sections:

9.32.010    Definitions.

9.32.020    Unlawful Possession, Manufacture or Disposition.

9.32.030    Changing or Obliterating Serial Number.

9.32.040    Exception.

9.32.050    Confiscation and Destruction of Dangerous Weapons and Devices.

9.32.060    Penalty for Violation of Sections 9.32.020 and/or 9.32.030.

9.32.070    Discharge of Firearms Prohibited or Restricted.

9.32.075    Citizen Petition.

9.32.076    Notice of Firearms Prohibited or Restricted Area. Revised 3/18

9.32.080    Discharge Near Buildings. Revised 4/19

9.32.085    Exemptions to Sections 9.32.070 and 9.32.080.

9.32.090    Violations of Sections 9.32.070 and 9.32.080.

9.32.010 Definitions.

For the purpose of this Chapter, the following terms shall apply:

A.    "Dangerous weapon" means any device listed in subsections B. through F. of this Section.

B.    "Destructive device" means any:

1.    Explosive, incendiary or poison gas;

2.    Bomb;

3.    Grenade;

4.    Rocket having a propellant charge of more than four ounces;

5.    Missile having an explosive or incendiary charge of more than one-quarter ounce;

6.    Mine;

7.    Booby trap;

8.    Molotov cocktail; or

9.    Any similar device, other than firearms, the primary or common purpose of which is to explode and to be used as a weapon against any person or property; or

10.    Any combination of parts either designed or intended for use in converting any device into a destructive device as defined above from which a destructive device may be readily assembled.

C.    "Firearm" means any weapon or device from which a projectile may be fired by an explosive such as gunpowder.

D.    "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol, or other firearm.

E.    "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches and/or barrel length of less than sixteen inches.

F.    "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six inches and/or barrel length of less than eighteen inches.

G.    "Shotgun" means a weapon with one or more barrels intended to be fired from the shoulder and to use the energy of 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, as defined in RCW 9.41.010(5).

H.    "Snapblade knife" means any knife having a blade which is or can be concealed in its handle and ejected therefrom by a mechanical or spring device. This definition shall not apply to fixed blade knives having blades which pivot on and fold into their respective handles and can be opened only manually.

(Ord. 2004-72s § 1 (part), 2004; Ord. 90-45 § 1 (part), 1990; Ord. 84-172 (part), 1984; prior Code § 35.09.010)

9.32.020 Unlawful Possession, Manufacture or Disposition.

It is unlawful for any person to possess, manufacture and/or dispose of any weapon and/or device as defined in subsections B., D., E., F., and G. of Section 9.32.010. (Ord. 2003-135 § 1, 2004; Ord. 84-172 (part), 1984; prior Code § 35.09.020)

9.32.030 Changing or Obliterating Serial Number.

It is unlawful for any person to change, alter, remove or obliterate the serial number upon any firearm. Possession of any firearm upon which the serial number has been changed, altered, removed or obliterated is prima facie evidence that the possessor has changed, altered, removed or obliterated the serial number. (Ord. 84-172 (part), 1984; prior Code § 35.09.030)

9.32.040 Exception.

A.    This Chapter shall not apply to the possession of any such weapon or device by any law enforcement officer.

B.    Section 9.32.020 does not prohibit the manufacture, use, possession or disposal of any material, substance or device by those persons engaged in any lawful activity who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.

(Ord. 84-172 (part), 1984; prior Code § 35.09.040)

9.32.050 Confiscation and Destruction of Dangerous Weapons and Devices.

It shall be the responsibility of the Pierce County Sheriff or his representatives to expeditiously dispose of devices defined in subsection B. of Section 9.32.010 to prevent destruction or injury to life or property. Upon final disposition of any action brought against a person(s) under Sections 9.32.020 and 9.32.030, the Sheriff may destroy any and all dangerous weapons. In cases where no action is pending, and/or the dangerous weapon has been abandoned and/or the dangerous weapon has been released to the Sheriff for disposition, the weapon may be destroyed after six months. A perpetual log will be maintained on all items destroyed by the Sheriff. This log will contain but not be limited to the following:

A.    Manufacturer's name;

B.    Model name;

C.    Model number;

D.    Type of action (nomenclature);

E.    Barrel length;

F.    Caliber or gauge;

G.    Serial number;

H.    Identifying features;

I.    Case number.

(Ord. 84-172 (part), 1984; prior Code § 35.09.050)

9.32.060 Penalty for Violation of Sections 9.32.020 and/or 9.32.030.

Any person(s) violating Sections 9.32.020 and/or 9.32.030 shall be guilty of a misdemeanor. (Ord. 84-172 (part), 1984; prior Code § 35.09.060)

9.32.070 Discharge of Firearms Prohibited or Restricted.

Pursuant to RCW 9.41.300(2), the Pierce County Council may designate certain areas of Pierce County where the discharge of firearms shall be prohibited or restricted. Citizens may petition the County Council for the formation, dissolution or amendment of an area where the discharge of firearms shall be prohibited or restricted or the Council may initiate the creation, dissolution or amendment of such an area by passing a resolution declaring its intent to do so. Under no circumstances shall the County Council designate a prohibited or restricted area until the Firearms Advisory Commission, created pursuant to Chapter 2.79 of the Pierce County Code, has had an opportunity to review the proposal and make its recommendation to the Council. No single proposal for an area where the discharge of firearms shall be prohibited or restricted may exceed 160 acres. (Ord. 2004-72s § 1 (part), 2004; Ord. 90-45 § 1 (part), 1990; Ord. 84-172 (part), 1984; prior Code § 35.28.010)

9.32.075 Citizen Petition.

Citizens petitioning the Council for the creation, dissolution, or amendment of an area where the discharge of firearms shall be prohibited or restricted shall follow the process set forth in this section. Using a form provided by the Council office, the petitioners shall submit to the Council the following:

A.    A legal description or map of the proposed boundaries of the area proposed for firearms prohibition or restriction. The map should be on an 8-1/2 by 11 inch sheet of paper. The map shall not overlap existing prohibited or restricted zones and should place the proposed boundary lines along established features (i.e., roadways, rivers, freeways, etc.).

B.    A cover letter explaining the reasons petitioners would like the prohibited or restricted shooting zone to be formed or dissolved, along with a history of violations in the area, and including a name, address, and phone number of the person who will act as a liaison with the County concerning this proposed firearms prohibition or restriction area. Note that RCW 9.41.300(2) limits County discharge restrictions to areas where there is a reasonable likelihood that humans, animals, or property will be jeopardized. Other non-authorized reasons will not be accepted as justification for the proposal of a restricted area.

C.    Signatures of at least 60 percent of registered voters owning property within the proposed area. The County Auditor or designee will verify the petition's signatures.

D.    The petition must contain the following:

    "I am a legally registered voter of the State of Washington in the precinct written after my name below.

    The portion of such precinct within which I own property is included within the proposed prohibited or restricted shooting area.

    My residence address is correctly stated below:

    I have personally signed this petition."

(Ord. 2004-72s § 1 (part), 2004)

9.32.076 Notice of Firearms Prohibited or Restricted Area. Revised 3/18

A.    Upon adoption of an ordinance establishing an area where the discharge of firearms is prohibited or restricted, the Clerk of the Council shall publish notice of adoption in the newspaper of general circulation within the County and the newspaper of general circulation within the proposed boundaries of the prohibited or restricted area.

B.    Copies of ordinances and maps designating such prohibited and restricted areas shall be on file in the County Sheriff's Department, published in Chapter 9.32 PCC, and filed with the Pierce County Law Enforcement Support Agency (LESA).

C.    Signs publicizing the existence of the area shall be posted along the perimeter by the Planning and Public Works Department. The signs shall be placed no more than ¼ mile apart and shall state the ordinance number and whether it is a prohibited or restricted area. Such signs shall only be required in zoning areas which contain the following: agriculture, forestry, and any zoning with a rural designation.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2004-72s § 1 (part), 2004)

9.32.080 Discharge Near Buildings. Revised 4/19

In all areas of Pierce County where the discharge of firearms is not prohibited or restricted pursuant to PCC 9.32.070, it shall be unlawful to discharge a firearm within 500 feet toward any building occupied by people or domestic animals or used for storage of flammable or combustible materials. It shall be unlawful to discharge a firearm within 2,000 feet toward any K-12 school within the County. (Ord. 2018-92 § 1, 2018; Ord. 2004-72s § 1 (part), 2004; Ord. 90-45 § 1 (part), 1990; prior Code § 35.28.020)

9.32.085 Exemptions to Sections 9.32.070 and 9.32.080.

The provisions of PCC 9.32.070 and 9.32.080 shall not apply to the following:

A.    Ranges of regularly constituted shooting clubs;

B.    Firearms which are legally discharged as defined in Chapter 9A.16 RCW;

C.    Firearms discharged for farm slaughter activities; and

D.    Firearms discharged in any area of the County if such discharge is done under the supervision and control of the Washington Department of Fish and Wildlife (WDFW) in the course of special hunts authorized to protect property or to manage wildlife populations. No WDFW special hunts shall be conducted in areas where the discharge of firearms is otherwise restricted unless WDFW has notified the Pierce County Sheriff in writing at least 24 hours prior to such special hunt.

(Ord. 2015-47 § 1, 2015; Ord. 90-45 § 1 (part), 1990)

9.32.090 Violations of Sections 9.32.070 and 9.32.080.

Any person who violates any of the provisions of Sections 9.32.070 or 9.32.080 shall be guilty of a misdemeanor. (Prior Code § 35.28.030)