H-356                _______________________________________________

                                                     HOUSE BILL NO. 81

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Armstrong, West, Wang and Leonard

Read first time 1/18/85 and referred to Committee on Judiciary.

AN ACT Relating to violent civil disorders; and adding a new section to chapter 9.41 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.41 RCW to read as follows:

          (1) A person who teaches, exhibits, or demonstrates to any other person the use, application, or manufacture of any firearm, explosive, or incendiary device, or any technique capable of causing injury or death to persons, knowing that the same will be unlawfully employed for violent use in furtherance of a civil disorder directed against any person, group, institution, or property, shall be guilty of a class C felony under chapter 9A.20 RCW.

          (2) A person who assembles with one or more persons for training, practicing, or instruction in the use, application, or manufacture of any firearm, explosive, or incendiary device, or any technique capable of causing injury or death to persons intending that the same will be unlawfully employed for violent use in furtherance of a civil disorder directed against any person, group, institution, or property, shall be guilty of a class C felony under chapter 9A.20 RCW.

          (3) Nothing contained in this section makes unlawful any act of any law enforcement officer which is performed in the lawful performance of the law enforcement officer's official duties.  Nothing contained in this section makes unlawful any activity of the game commission, fish commission, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range, or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sports or other lawful activities.

          (4) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

          (a) "Civil disorder" means any public disturbance involving acts of violence by assemblages of three or more persons, which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual;

          (b) "Firearm", in addition to the meaning under RCW 9.41.010, means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.  "Firearm" does not mean any emergency signaling device such as a flare gun.

          (5) "Explosive or incendiary device" means:

          (a) Dynamite and all other forms of high explosives;

          (b) Any explosive bomb, grenade, missile, or similar device; and

          (c) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone.

          (6) "Law enforcement officer" means any officer or employee of the United States, any state, any political subdivision of a state, or the District of Columbia, and such term shall specifically include, but shall not be limited to, members of the National Guard and members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard and members of the armed forces of the United States.