BP BHEAD INT S

AN ACT Relating to the possession of weapons in court facilities; amending RCW 9.41.300 and 9.41.290; 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 (3) of this section, it is a misdemeanor for any person to enter or attempt to enter a judge's chamber or courtroom, or any area restricted under subsection (2) of this section, when he or she knowingly possesses or knowingly has under his or her control a firearm or other dangerous weapon.

(2) Notwithstanding RCW 9.41.290, cities, towns, counties, and other municipalities may enact laws and ordinances restricting the possession of firearms or other dangerous weapons in all or any other portion of their respective buildings containing a courtroom or judge's chamber. Any city, town, county, or other municipality that restricts the possession of firearms or other dangerous weapons in all or any other portion of their respective buildings shall provide a locked box and key to a weapon owner for weapon storage during his or her visit to the building.

(3) 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

(4) "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.

(5) 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.

(6) 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.

(7) Notice of the provisions of subsection (1) of this section and any laws or ordinances adopted under subsection (2) of this section shall be posted conspicuously at each entrance to the building, courtroom, and judge's chamber.

Sec. 2. RCW 9.41.300 and 1985 c 428 s 2 are each amended to read as follows:

(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a firearm:

(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii) held for extradition or as a material witness, or (iv) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

(b) ((~~A courtroom or judge's chamber, while either is being used for any judicial proceeding. This does not include common areas of egress and ingress of the courthouse;~~

~~(c)~~)) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

((~~(d)~~)) (c) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

(2) Notwithstanding RCW 9.41.290, cities, towns, counties, and other municipalities may enact laws and ordinances:

(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any firearm in the possession of a person licensed under RCW 9.41.070; or

(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

(3) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

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

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

(b) Law enforcement personnel; or

(5) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

(6) ((Subsection (1)(b) of this section does not apply to a judge or court employee or to any person licensed under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to the court administrator or the administrator's designee and obtains written permission to possess the firearm.

~~(7)~~)) Subsection (1)((~~(c)~~)) (b) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

((~~(8)~~)) (7) Subsection (1)((~~(d)~~)) (c) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

((~~(9)~~)) (8) Any person violating subsection (1) of this section is guilty of a misdemeanor.

Sec. 3. RCW 9.41.290 and 1985 c 428 s 1 are each amended to read as follows:

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by RCW 9.41.300 or section 1 of this act or other state law and are consistent with this chapter. Such local ordinances shall have the same or lesser penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.