H-1290.1  _______________________________________________

 

                          HOUSE BILL 1752

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives O'Brien, Kagi, Lantz, Rockefeller and Edmonds

 

Read first time 02/04/1999.  Referred to Committee on Judiciary.

Prohibiting firearms at day-care centers and preschools.


    AN ACT Relating to prohibiting firearms and other dangerous weapons on the premises of preschools and day-care facilities; and amending RCW 9.41.280.

 

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

 

    Sec. 1.  RCW 9.41.280 and 1996 c 295 s 13 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, or the premises of public or private preschools or day-care facilities:

    (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 have his or her concealed pistol license, if any revoked for a period of three years.  Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years.  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.  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.

    (7) For the purposes of this section, "day-care facility" means a child day-care center or a family day-care provider licensed under chapter 74.15 RCW.

 


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