Criminal Mischief.
A person is guilty of the crime of Criminal Mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.
Criminal Mischief is a gross misdemeanor, unless the actor is armed with a deadly weapon, in which case Criminal Mischief is a class C felony.
"Deadly weapon" means any explosive or loaded or unloaded firearm, and includes any weapon, device, instrument, article, or substance, including a vehicle as defined in RCW 9A.04.110, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.
Unlawful Carrying or Handling of a Weapon.
A person is guilty of the crime of unlawful carrying or handling of a weapon if he or she carries, exhibits, displays, or draws any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. The courts have incorporated a reasonable person standard into the phrase "warrants alarm."
Unlawful carrying or handling of a weapon is a gross misdemeanor. Additionally, any person convicted of unlawful carrying or handling of a weapon shall lose his or her concealed pistol license, if any.
The law expressly exempts certain individuals and activities from this statute:
Offense Categories.
Gross misdemeanors are punishable by imprisonment in the county jail for a maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
A class C felony is punishable by confinement in a state correctional institution for up to five years, or by a fine in an amount fixed by the court of up to $10,000, or by both such confinement and fine.
The offense of Criminal Mischief is expanded to include a second form of prohibited conduct: acting with three or more other persons and openly carrying, exhibiting, displaying, or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
Any person convicted of this offense shall lose his or her concealed pistol license, if any.
This offense is not applicable to: (1) any act committed by a person while in his or her place of abode or fixed place of business; (2) any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty; (3) any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person; (4) any person making or assisting in making a lawful arrest for the commission of a felony; or (5) any person engaged in military activities sponsored by the federal or state governments.
These changes effectively incorporate the offense of unlawful carrying or handling of a weapon, and its exceptions, into the offense of Criminal Mischief, subject to the additional requirement that the subject act with three or more other persons. Criminal Mischief remains a gross misdemeanor, unless the actor is armed with a deadly weapon, in which case it is a class C felony.
The substitute bill removes the original bill's prohibited conduct ("openly carries or displays a deadly weapon in a manner that would lead a reasonable person to feel threatened.") and replaces it with the substance of and exceptions to Washington's prohibition on unlawful carrying or handling of a weapon.
(In support) The presence of assault weapons at protests and rallies chills free speech and discourages individuals from attending political events and supporting causes opposed by individuals carrying firearms. Survivors of gun violence do not feel they can freely testify at the Capitol if forced to walk through crowds of individuals carrying firearms. The purpose of open carry is not defense, but to intimidate and silence opposition. The law should level the power dynamic. Civil debate requires that every person feel free to speak without being intimidated. This bill will protect the first amendment without infringing on the second amendment.
Public spaces should be safe. Armed demonstrations lead to clashes and shootings. The rise of militia groups imperils the general welfare. Recent shootings at political events in Olympia, heavily armed rallies, and paramilitary activities demonstrate the inadequacy of existing law to maintain public safety. Some individuals are drawing and pointing assault weapons at adults and children in urban and bedroom communities. This law will help constrain armed groups seeking to intimidate others.
(Opposed) The proposed bill is unconstitutionally vague and would violate the first and second amendment. The law would require individuals to determine if another person feels threatened or uncomfortable. The Legislature cannot infringe on the right to bear arms to make others feel comfortable. This law would criminalize defense of property and lives, and peaceful conversations among groups of friends.
This law is unnecessary. It is already illegal in Washington to threaten another with a firearm, brandish a weapon, aim a firearm at another person, intimidate someone with a firearm, or commit an assault. The issues complained of can be addressed by enforcing existing laws. Existing laws are not being enforced.
Laws of this nature are subjective, empower the police and courts, and have a history of being weaponized against minorities. People of color are particularly likely to be victims of gun violence. This bill is designed to intimidate people of color and stop them from bearing arms.