SENATE BILL REPORT

                           SHB 1299

                     AS OF MARCH 30, 1993

Brief Description:  Prohibiting firearms and dangerous weapons on school premises, with limited exceptions.

SPONSORS: House Committee on Judiciary (originally sponsored by Representatives Pruitt, Forner, J. Kohl, Shin, Flemming, Carlson, Peery, Basich, Scott, Cothern, Thibaudeau, Kessler, Holm, Karahalios, Eide, Linville, Johanson, G. Cole, Riley, Van Luven, Jacobsen, Wang, Leonard, Quall, Silver, Brumsickle, Thomas, H. Myers, Rayburn and L. Johnson; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON EDUCATION

Staff:  Leslie Goldstein (786‑7424)

Hearing Dates:

BACKGROUND:

The state has preempted the entire area of firearms regulation.  Cities, towns and other municipalities may only enact those laws specifically authorized by state law and consistent with state law.  By state statute, firearms are specifically prohibited in areas such as restricted access areas of a jail or law enforcement facility, a courtroom or judge's chamber, restricted areas of mental health facilities, and licensed premises for the consumption of alcoholic beverages.  Cities, towns and other municipalities may adopt ordinances restricting the discharge of firearms in areas where persons or animals would be harmed and may restrict possession in stadiums or convention centers unless the person has a concealed weapons permit. 

Under current law, students are prohibited from having firearms or other dangerous weapons on school premises.  However, school districts are concerned that they cannot prohibit other persons from carrying firearms onto school premises because the state has preempted the regulation of firearms.

SUMMARY:

The prohibition against any student carrying a firearm or other dangerous weapons on public or private school premises is expanded to apply to any person.

A school district is not required to admit a student from another district who has been expelled or suspended for having dangerous weapons on school grounds.  When a student attempts to transfer to another school, the student's records must be released to the new school, even if the student has not paid any outstanding fees or fines.

Current exemptions still apply and are expanded to include any person involved in school district security activities or state, local, or federal law enforcement activities.  Such activities are no longer required to be sponsored by the government. 

A person with a concealed weapons permit picking up or dropping off a student is exempt.

A person may have a firearm or other dangerous weapon on school grounds in a vehicle while picking up or dropping off a student if the weapon is:  (1) secured in an attended vehicle; or (2) concealed in a locked unattended vehicle. 

Appropriation:  none

Revenue:  none

Fiscal Note:  available