H-3651.1  _______________________________________________

                          HOUSE BILL 2751

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Roland, Hansen, Mastin, Campbell, Rayburn, L. Thomas, Grant, Kremen, Schoesler, Chandler, Reams, Lisk, Chappell and Van Luven

Read first time 01/21/94.  Referred to Committee on Judiciary.

Preempting local governments from prohibiting possession of personal protection devices.

    AN ACT Relating to delivery, purchase, possession, and use of certain personal protection devices; and adding a new section to chapter 35.21 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

    (1) No town, city, or county may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020.  No town, city, or county may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.

    (2) For purposes of this section, "personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

    (a) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

    (b) Other agent commonly known as mace, pepper mace, or pepper gas.

    (3) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.

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