AN ACT Relating to
students with firearms on school property; amending RCW 9.41.280; and adding a
new section to chapter 28A.600 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.41.280 and 1994 sp.s.
c 7 s 427 are each amended to read as follows:
(1) It is unlawful for
a person to carry onto, or to possess on, public or private elementary or
secondary school premises, school-provided transportation, or areas of
facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous
weapon as defined in RCW 9.41.250;
(c) Any device commonly
known as "nun-chu-ka sticks", consisting of two or more lengths of
wood, metal, plastic, or similar substance connected with wire, rope, or other
means;
(d) Any device,
commonly known as "throwing stars", which are multi-pointed, metal
objects designed to embed upon impact from any aspect; or
(e) Any air gun,
including any air pistol or air rifle, designed to propel a BB, pellet, or
other projectile by the discharge of compressed air, carbon dioxide, or other
gas.
(2) Any such person
violating subsection (1) of this section is guilty of a gross misdemeanor. If
any person is convicted of a violation of subsection (1)(a) of this section,
the person shall lose his or her concealed pistol license, if any. The court
shall send notice of the revocation to the department of licensing, and the
city, town, or county which issued the license.
Any violation of
subsection (1) of this section by elementary or secondary school students
constitutes grounds for expulsion from the state's public schools in accordance
with RCW 28A.600.010. ((However, any violation of subsection (1)(a) of this
section by an elementary or secondary school student shall result in expulsion
for an indefinite period of time in accordance with RCW 28A.600.010.)) An
appropriate school authority shall promptly notify law enforcement and the
student's parent or guardian regarding any allegation or indication of such
violation.
(3) Subsection (1) of
this section does not apply to:
(a) Any student or
employee of a private military academy when on the property of the academy;
(b) Any person engaged
in military, law enforcement, or school district security activities;
(c) Any person who is
involved in a convention, showing, demonstration, lecture, or firearms safety
course authorized by school authorities in which the firearms of collectors or
instructors are handled or displayed;
(d) Any person while
the person is participating in a firearms or air gun competition approved by
the school or school district;
(e) Any person in
possession of a pistol who has been issued a license under RCW 9.41.070, or is
exempt from the licensing requirement by RCW 9.41.060, while picking up or
dropping off a student;
(f) Any nonstudent at
least eighteen years of age legally in possession of a firearm or dangerous
weapon that is secured within an attended vehicle or concealed from view within
a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at
least eighteen years of age who is in lawful possession of an unloaded firearm,
secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement
officer of the federal, state, or local government agency.
(4) Subsections (1) (c)
and (d) of this section do not apply to any person who possesses nun-chu-ka
sticks, throwing stars, or other dangerous weapons to be used in martial arts
classes authorized to be conducted on the school premises.
(5) Except as provided
in subsection (3)(b), (c), (f), and (h) of this section, firearms are not
permitted in a public or private school building.
(6) "GUN-FREE
ZONE" signs shall be posted around school facilities giving warning of the
prohibition of the possession of firearms on school grounds.
NEW SECTION. Sec.
2. A new section is added
to chapter 28A.600 RCW to read as follows:
(1) Any elementary or
secondary school student who is determined to have carried a firearm onto, or
to have possessed a firearm on, public elementary school premises, public
school-provided transportation, or areas of facilities while being used
exclusively by public schools, shall be expelled from school for not less than
one year under RCW 28A.600.010. The superintendent of the school district,
educational service district, state school for the deaf, or state school for
the blind may modify the expulsion of a student on a case-by-case basis.
(2) For purposes of
this section, "firearm" means a firearm as defined in 18 U.S.C. Sec.
921, and a "firearm" as defined in RCW 9.41.010.
(3) This section shall
be construed in a manner consistent with the individuals with disabilities
education act, 20 U.S.C. Sec. 1401 et seq.
(4) Nothing in this
section prevents a public school district, educational service district, the
state school for the deaf, or the state school for the blind if it has expelled
a student from such student's regular school setting from providing educational
services to the student in an alternative setting.
(5) This section does
not apply to:
(a) Any student while
engaged in military education authorized by school authorities in which rifles are
used but not other firearms; or
(b) Any student while
involved in a convention, showing, demonstration, lecture, or firearms safety
course authorized by school authorities in which the rifles of collectors or
instructors are handled or displayed but not other firearms; or
(c) Any student while
participating in a rifle competition authorized by school authorities.
