Chapter 8.44
FIREARMS
Sections:
8.44.020 Committing crime while armed.
8.44.030 Being armed prima facie evidence of intent.
8.44.040 Possession-Restrictions.
8.44.080 Restrictions on delivery.
8.44.100 Dealers to be licensed.
8.44.110 Certain transfers forbidden.
8.44.120 Alteration of identifying marks prohibited.
8.44.130 False information forbidden.
8.44.150 Machine guns-Prohibition.
8.44.170 Machine guns or parts contraband.
8.44.180 Dangerous weapons-Evidence.
8.44.200 Discharge of air guns.
8.44.010 Definitions.
“Short firearm” as used in this chapter means any firearm with a barrel less than twelve inches in length.
“Crime of violence” as used in this chapter means any of the following crimes or an attempt to commit any of the same: murder, manslaughter, rape, mayhem, first degree assault, robbery, burglary and kidnapping. (Ord. 654 § 7.1, 1968)
8.44.020 Committing crime while armed.
If any person shall commit or attempt to commit a crime of violence when armed with a pistol or other lethal weapon, he shall be punished, in addition to the punishment provided for the crime, by a fine of not more than three hundred dollars and be imprisoned for ninety days or both. (Ord. 654 § 7.2, 1968)
8.44.030 Being armed prima facie evidence of intent.
In the trial of a person for committing or attempting to commit a crime of violence, the fact that he was armed with a pistol or other lethal weapon and he had no license or lawful authority to carry the same shall be prima facie evidence of his intention to commit the crime of violence. (Ord. 654 § 7.3, 1968)
8.44.040 Possession-restrictions.
No person who has been convicted in this state or elsewhere of a crime of violence, shall own a pistol or have one in his possession under his control. (Ord. 654 § 7.4, 1968)
8.44.050 Carrying pistol.
No person shall carry a pistol in any vehicle or conceal on or about his person, except in his place of abode or fixed place of business, without a license as provided by law. (Ord. 654 § 7.5, 1968)
8.44.060 Exceptions.
The provisions of Section 8.44.050 shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the army, navy, marine corps, or coast guard of the United States or of the national guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receipt the weapons from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting and affiliated with a national shooting organization; provided, such members are at or going to or from their places of assembly or target practice, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or place of business or in moving from one place of abode or business to another. (Ord. 654 § 7.6, 1968)
8.44.070 License issuance.
The chief of police shall upon application of any person issue a license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear any injury to his person or property, or has other proper reason for carrying a pistol, and that he is a suitable person to be so licensed. The license shall be in triplicate, in form to be prescribed by the state director of licenses, and shall bear the name, address, description and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licenses and the triplicate shall be preserved for six years, by the authority issuing the license. The fee for the license shall be two dollars of which the sum of one dollar shall be paid into the state treasury. (Ord. 654 § 7.7, 1968)
8.44.080 Restrictions on delivery.
No person shall deliver a pistol to any person under the age of twenty-one or to one whom he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, a habitual drunkard, or of unsound mind. (Ord. 654 § 7.8, 1968)
8.44.090 Sales regulated.
No seller shall deliver a pistol to the purchaser thereof until forty-eight hours shall have elapsed from the time of the application for the purchase thereof, and when delivered, the pistol shall be securely wrapped and shall be unloaded. At the time of applying for the purchase of a pistol the purchaser shall sign in triplicate and deliver to the seller a statement containing his full name, address, occupation, color, birthplace, the date and hour of application, the calibre, make, model and manufacturer’s number of the pistol to be purchased and statement that he has never been convicted in this state or elsewhere of a crime of violence. The seller within six hours after the application shall sign and attach his address and forward by registered mail one copy of the statement to the chief of police; and the duplicate duly signed by the seller shall within seven days be sent by him with his address to the director of licenses; the triplicate he shall retain for six years. This section shall not apply to sales at wholesale. (Ord. 654 § 7.9, 1968)
8.44.100 Dealers to be licensed.
No retail dealer shall sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer any pistol without being licensed as provided by law under the requirements of RCW 9.4 1.110. (Ord. 654 § 7.10, 1968)
8.44.110 Certain transfers forbidden.
No person other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge for a loan shall keep such records and make such reports as are provided by law for pawnbrokers and secondhand dealers in cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person. No person shall lend or give a pistol to another or otherwise deliver a pistol contrary to the provisions of this chapter. (Ord. 654 § 7.11, 1968)
8.44.120 Alteration of identifying marks prohibited.
No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any pistol. Possession of any pistol upon which any such mark shall have been changed, altered, removed, obliterated, shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same. (Ord. 654 § 7.12, 1968)
8.44.130 False information forbidden.
No person shall in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same give false information or offer false evidence of his identity. (Ord. 654 § 7.13, 1968)
8.44.140 Exceptions.
This chapter does not apply to antique pistols unsuitable for use as firearms and possessed as curiosities or ornaments. (Ord. 654 § 7.14, 1968)
8.44.150 Machine guns-prohibition.
It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or to have in possession, or under control, any machine gun, or any part thereof capable of use or assembling or repairing any machine gun; provided, however, that such limitation shall not apply to any police officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington. (Ord. 654 § 7.15, 1968)
8.44.160 Machine gun defined.
For the purpose of this chapter a machine gun is defined as any firearm or weapon known as a machine gun, mechanical rifle, submachine gun, and/or any other weapon, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the weapon, mechanism, or instrument, and fired therefrom at a rate of five or more shots per second. (Ord. 654 § 7.16, 1968)
8.44.170 Machine guns or parts contraband.
All machine guns, or parts thereof, illegally held or possessed are hereby declared to be contraband, and it shall be the duty of all police officers to seize the ma- chine gun, or parts thereof, wherever and whenever found. (Ord. 654 § 7.17, 1968)
8.44.180 Dangerous weapons-evidence.
Every person who shall manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles; shall furtively carry or conceal any dagger, dirk, knife, or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, is guilty of a gross misdemeanor. (Ord. 658 § 7.18, 1968)
8.44.190 Discharging in town.
Any person who shall within the limits of the town fire off or discharge any gun, pistol or firearm of any kind without lawful authority is guilty of a gross misdemeanor. (Ord. 654 § 7.19, 1968)
8.44.200 Discharge of air guns.
(a) Notwithstanding the provisions of this chapter, it shall not be unlawful to shoot or discharge a BB or air gun from which a projectile may be discharged by compressed air; provided, such projectile is aimed at an inanimate target and does not strike a person, bird or animal, or land on public or private property other than property whose owner has given express permission for the discharge of the projectile on such property, and such BB or air gun is shot or discharged in the course of an organized marksmanship course, qualification or competition.
(b) For purposes of this chapter, “target” means a device specially designed for shooting or target practice, and which is of sufficient size and design to stop the movement of projectiles aimed at it. (Ord. 1249, 1998)