Chapter 9.36
WEAPONS AND EXPLOSIVES

Sections:

9.36.010    Definitions.

9.36.020    Statutes adopted by reference.

9.36.030    Repealed.

9.36.040    Discharge of firearms prohibited.

9.36.050    Unlawful use of air gun.

9.36.010 Definitions.

(1) The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9.41.010.

(2) “Aerosol tear gas personal protection device” means a container for dispensing tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS) within the range of .08% to 1.2% of the net contents by volume, oleoresin capsicum, or other nonlethal irritant or inflammatory agent, which container has a net weight of 150 grams or less.

(3) “Air gun” as used in this chapter means and includes the following: air gun, air pistol, air rifle, BB gun and toy gun of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas or spring loaded plunger, any pellet, dart, hard tipped arrow, bean, pea, BB, rock or any other hard substance a distance of more than 25 feet with sufficient force to break windows or to inflict injury upon persons or animals.

(4) “Dangerous knife” means any fixed-blade knife and any other knife having a blade of more than three and one-half inches in length.

(5) “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, but is not limited to, any dagger, sword, bayonet, bolo knife, hatchet, axe, straight-edged razor, or razor blade not in a package, dispenser or shaving appliance.

(6) “Gas pen,” “gas pencil,” “gas bomb,” and “gas pistol” means any pen, pencil, bomb, pistol or other device which is capable of containing and emitting tear gas or any noxious liquid, gas or substance; provided, that this definition does not include an aerosol personal protection device as defined in subsection (1) of this section.

(7) “Switchblade knife” means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism or other device, or blade that opens, falls or ejects into position by force of gravity or by an outward, downward or centrifugal thrust or movement. (Ord. 1724 § 18, 1998).

9.36.020 Statutes adopted by reference.

The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are adopted by reference as a portion of the criminal code of the city as if fully set forth in this chapter: RCW 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.120, 9.41.140, 9.41.170, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300, 9.41.810. (Ord. 1890 § 24, 2003; Ord. 1724 § 18, 1998).

9.36.030 Unlawful use of weapons.

Repealed by Ord. 1890. (Ord. 1724 § 18, 1998).

9.36.040 Discharge of firearms prohibited.

It is unlawful for any person to willfully discharge a firearm within the city limits of the city of Port Orchard except by law enforcement officers engaged in carrying out their official duties, a properly licensed rifle or pistol firing range, or individuals exercising their right guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. (Ord. 1929 § 1, 2004).

9.36.050 Unlawful use of air gun.

It is unlawful for any person to point or shoot an air gun at any person or the property of another, or to aim or discharge such weapon in the direction of a person or the residence of another, while within such range and with the intent to cause or inflict injury to the person or damage to the property of another. (Ord. 1929 § 2, 2004).