H-4580.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2310

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Franklin, Ludwig, Orr, Wang, Ferguson and Anderson)

Read first time 02/07/92.   Prohibiting firearms and dangerous weapons in courtrooms.

     AN ACT Relating to the possession of weapons in court facilities; 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) Except as provided in subsection (2) of this section, it is a misdemeanor for any person to enter or attempt to enter a judge's chamber or courtroom when he or she knowingly possesses or knowingly has under his or her control a firearm or other dangerous weapon.

     (2) Subsection (1) of this section does not apply to:

     (a) A person engaged in military activities sponsored by the federal or state government while engaged in official duties;

     (b) Law enforcement personnel while engaged in official duties; or

     (c) Security personnel while engaged in official duties.

     (3) "Dangerous weapon" as used in this section means a weapon, device, instrument, material, or substance 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.

     (4) A law enforcement officer of the state, any county, city, town, or other municipality may confiscate a firearm or other dangerous weapon where there is probable cause to believe that the firearm or weapon is possessed in violation of this section.  After confiscation, the firearm or other dangerous weapon shall be surrendered only as provided by RCW 9.41.098.

     (5) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm or other dangerous weapon that is proven to be possessed in violation of this section.  Any firearm or weapon forfeited under this section shall be disposed of in the manner provided by RCW 9.41.098.

     (6) Notice of the provisions of subsection (1) of this section shall be posted conspicuously at each entrance to the building, courtroom, and judge's chamber.