Chapter 9.32
WEAPONS*
Sections:
9.32.015 Loaded firearms in vehicles – Prohibited.
9.32.020 Pistol – Forbidden to certain persons.
9.32.030 Pistol – Restrictions on carrying.
9.32.040 Pistol – Exceptions to carrying restrictions.
9.32.050 Pistol – Delivery to certain persons prohibited.
9.32.060 Pistol – Retail dealers – License required.
9.32.070 Pistol – Certain transfers restricted – Dealers’ recordkeeping requirements.
9.32.090 Pistol – False information for procuring prohibited.
9.32.100 Discharging weapons – Throwing deadly missiles – Prohibited.
9.32.110 Certain weapons prohibited – Exceptions.
9.32.120 Drawing weapon prohibited when.
9.32.125 Concealed weapons – Unlawful.
9.32.140 Dangerous knives unlawful.
*For additional provisions regarding weapons and minors, see Chapter 9.28 YMC.
9.32.010 Definitions.
The following definitions shall apply to this chapter:
A. “Crime of violence” means any of the following crimes or an attempt to commit any of the same: murder, manslaughter, rape, riot, mayhem, first-degree assault, second-degree assault, robbery, burglary and kidnapping.
B. “Pistol” means any firearm with a barrel less than 12 inches in length.
C. “Shotgun, rifle or muzzle-loading firearm” means any firearm with a barrel more than 12 inches in length. (Ord. 285 § 1, 1983; Ord. 213 § 8(A), 1977).
9.32.015 Loaded firearms in vehicles – Prohibited.
It is unlawful for any person to carry, transport, convey, possess, or control in or on a motor vehicle in the city, any shotgun or rifle containing shells or cartridges in the magazine or chamber, or any muzzle-loading firearm loaded and capped or primed; provided, however, that the provisions of this section shall not apply to any properly appointed or elected law enforcement officer performing official duties within the city if such officer is duly authorized to carry firearms while on duty by the respective jurisdiction such officer represents. (Ord. 285 § 2, 1983).
9.32.020 Pistol – Forbidden to certain persons.
No person, who has been convicted, in this state or elsewhere of a crime of violence, who is a drug addict, or who has been confined in a mental institution, shall own a pistol or have one in his possession or under his control. (Ord. 213 § 8(B), 1977).
9.32.030 Pistol – Restrictions on carrying.
No person shall carry a pistol in any vehicle unless it is unloaded, or carry a pistol concealed on his person, except in his place of abode or fixed place of business, without a license therefor issued by the sheriff of Thurston County. (Ord. 213 § 8(C), 1977).
9.32.040 Pistol – Exceptions to carrying restrictions.
The provisions of YMC 9.32.030 shall not apply to marshals, sheriffs, prison or jail wardens or the deputies thereof, policemen or law enforcement officers, or members of the Army, Navy or Marine Corps of the United States or the National Guard or organized reserve when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters; provided, such members are at, or are going to or from their places of target practice, or their collector gun shows and exhibits, or are on a hunting, camping or fishing trip, 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 a place of purchase to his home or place of business or to a place of repair or back to his home or place of business, or in moving from one place of abode or business to another. (Ord. 213 § 8(D), 1977).
9.32.050 Pistol – Delivery to certain persons prohibited.
No person shall deliver a pistol to any person under the age of 18 years or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, or of unsound mind. (Ord. 213 § 8(E), 1977).
9.32.060 Pistol – Retail dealers – License required.
No retail dealers 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 9.41.110. (Ord. 213 § 8(F), 1977).
9.32.070 Pistol – Certain transfers restricted – Dealers’ recordkeeping requirements.
No persons other than a duly licensed dealer shall make any loan secured by a mortgage, deposit or pledge of any pistol. Any licensed dealer receiving a pistol as a deposit or pledge for a loan shall keep such records and make such reports as they are provided by law for pawnbrokers and secondhand dealers as provided by Chapter 19.60 RCW. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or pledge the same with any other person. (Ord. 213 § 8(G), 1977).
9.32.080 Pistol – Alteration of identifying mark prohibited – Possession deemed prima facie evidence.
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 or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same. (Ord. 213 § 8(H), 1977).
9.32.090 Pistol – False information for procuring prohibited.
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. 213 § 8(I), 1977).
9.32.100 Discharging weapons – Throwing deadly missiles – Prohibited.
It is unlawful for any person to wilfully discharge a firearm, air gun, air rifle or other weapon, or to throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury actually results. (Ord. 213 § 8(L), 1977).
9.32.110 Certain weapons prohibited – Exceptions.
A person is guilty of a gross misdemeanor if such person:
A. Manufactures, sells, disposes of, or possesses any instrument or weapon of the kind usually known as a sand club, metal knuckles or springblade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; or
B. Furtively carries with intent to conceal any dagger, dirk, revolver, pistol, firearm or other dangerous weapon or any other instrument by which injury could be inflicted upon the person or property of another;
C. Possesses upon the premises of an elementary or secondary public or private school or upon the premises of a public park or within 500 feet of the exterior perimeter of any such school or park:
1. Any explosive or explosive device; or
2. Any device, commonly known as “nun-chu-ka sticks,” consisting of two or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means; or
3. Any device commonly known as “throwing stars,” which are multipointed, metal objects designed to embed upon impact from any aspect; or
4. Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet or other projectile by the discharge of compressed air, carbon dioxide or other gas.
It is a defense to a prosecution for a violation of this section that the person or company possessing those items listed in subsections (C)(1) through (4) of this section has a federal firearms license to sell such items to qualified members of the public at a fixed commercial location and that such items are protected from public access except that those items described in subsections (C)(1) through (4) of this section are located and possessed totally within a private residence. It is further a defense to a prosecution under this section that those items listed in subsection (C)(4) of this section are totally unloaded and are located within a motor vehicle which is not upon the premises of an elementary or secondary public or private school or upon the premises of a public park or traveling to or from the premises of such a school or park.
Provided, however, that this section shall not apply to peace officers and other persons whose duty is to execute process of warrants or to make arrests, or to persons who have been lawfully licensed to carry such weapons within the city limits of Yelm. (Ord. 967 § 1, 2013; Ord. 508 § 4, 1994; Ord. 213 § 8(K), 1977).
9.32.120 Drawing weapon prohibited when.
It is unlawful for any person to draw any species of firearm or any dirk, dagger, knife or other dangerous or deadly weapon in the presence of another, with intent to intimidate or threaten another person. (Ord. 213 § 8(M), 1977).
9.32.125 Concealed weapons – Unlawful.
It is unlawful for any person to have in his possession any instrument or weapon of the kind usually known as a sand club, or metal knuckles, or any knife, the blade of which is automatically released by a spring mechanism or other mechanical device, or nunchaku or nunchakus, and it is further unlawful to conceal or furtively carry with intent to conceal any dagger, dirk, knife other than an ordinary pocket-knife, metal knuckles, nunchaku or nunchakus, or any other instrument by the use of which injury could be inflicted upon the person or property of another person; provided, however, this section shall not apply to police officers or other persons whose duty it is to execute process or warrants or to make arrests. (Ord. 239 § 2, 1980).
9.32.130 Exemptions.
This chapter shall not apply to antique pistols unsuited for use as firearms and possessed as curiosities or ornaments or to policemen on duty. (Ord. 213 § 8(J), 1977).
9.32.140 Dangerous knives unlawful.
It is unlawful for any person to knowingly carry concealed or unconcealed on his or her person any fixed blade knife, or any other knife having a blade more than three and one-half inches in length. For purposes of this section a “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 any dagger, sword, bayonet, bolo knife, hatchet, axe, straight-edged razor, or razor blade not in a package, dispenser or shaving appliance. This section shall not apply to licensed hunters and fisherman actively engaged in such pursuits, persons carrying knives unconcealed pursuant to a lawful occupation, and those carrying knives in a secure wrapper or toolbox. (Ord. 431 § 1, 1992).