Other LanguagesThe Washington State Board of Prison Terms and Paroles is not required to fix a mandatory minimum prison term under RCW 9.95.040 in those cases where a conviction is accompanied only by a special finding, entered pursuant to the provisions of RCW 9.41.025, that the individual in question was armed with a firearm at the time of the commission of his offense; in order for the Board's discretion to be so restricted there must, either in addition or instead, be a special finding entered pursuant to RCW 9.95.015 specifying that the individual was armed with a deadly weapon at the time of commission of the crime.
(1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.
(1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.
1. Corrections officers may carry concealed pistols without obtaining a concealed weapon permit if they meet the statutory definition of a law enforcement officer and are authorized by the Department of Corrections to carry a concealed weapon. 2. Under RCW 10.93.020(4), corrections officers are limited authority Washington peace officers if they meet the requirements set forth in that statute. 3. Corrections officers who meet the definition of “limited authority Washington peace officers” under RCW 10.93.020(4) are “law enforcement officers” for the purposes of RCW 9.41, but not necessarily for other purposes.
It is not unlawful under RCW 9.41.250 to merely possess a device for suppressing the noise of a firearm.
(1) A state patrolman, county sheriff or deputy sheriff, city policeman, town marshal or other law enforcement officer need not actually be on duty as such in order to be exempt, under RCW 9.41.060, from the prohibition in RCW 9.41.050 against carrying a pistol concealed on his person without a license. (2) The exemption of RCW 9.41.060 is applicable both to law enforcement officers of our own state and its political subdivisions and to those from other states and municipalities.
In order to comply with the auction requirements of RCW 9.41.098, a law enforcement agency must conduct its initial auction of firearms within one year after accumulating ten "forfeited" firearms as defined in the statute, excluding any firearms which the agency is legally entitled to retain for its own use; agencies which have not accumulated ten "forfeited" firearms may use their own discretion in deciding when to conduct an auction.
A county sheriff, municipal police chief or judge of a court of record may not refuse to issue a concealed weapons permit to an applicant, otherwise qualified, simply because of his or her refusal to be photographed, to produce a valid Washington driver's license, or to indicate his or her federal social security number, or solely on the ground that the applicant lives outside the particular county or municipality involved.
1. The employees of a firearms dealer are required to undergo fingerprinting and a background check before they can sell firearms, in addition to the requirement that they be eligible to possess a firearm and obtain a concealed weapons permit. 2. Firearms dealers who permit employees to sell firearms who do not meet the qualifications set forth in RCW 9.41.110(5)(b) are subject to license revocation, as well as to possible criminal penalties as outlined in RCW 9.41.810. 3. An employee of a firearms dealer does not have to obtain his or her own dealer's license in order to sell firearms, if the employee does not own, control, or profit from the business and otherwise meets the requirements contained in RCW 9.41.110 for an employee of a dealer. 4. A person who is engaged in the business of selling ammunition in the state of Washington, but is not engaged in the business of manufacturing or importing ammunition or of selling firearms, does not have to obtain a state license, nor are the employees of such a person subject to a licensing requirement.
RCW 9.41.190 prohibits the ownership or possession of a machine gun. This prohibition does not apply to any officer or member of the armed forces. The exception to the machine gun prohibition for officers or members of the armed forces is not related to the discharge of the officer's or member's official duties.