Washington State

House of Representatives

Office of Program Research

BILL

 ANALYSIS

Judiciary Committee

 

 

PSHB 3128

Title: An act relating to prohibiting weapons in the state legislative building.

 

Brief Description: Prohibiting weapons in the state legislative building.

 

Sponsors: Representatives Lovick, O'Brien, Kagi, Lantz, Moeller, Darneille, Ormsby, Chase, Cody, McCoy, Edwards, Hudgins, Schual-Berke and Ruderman.


Brief Summary of Proposed Substitute Bill

    Prohibits, with exceptions, the possession of weapons, including firearms, within the legislative building on the state capitol campus;


    Requires the department of general administration to provide storage for weapons of                persons entering the legislative building; and


   Makes the department of general administration liable for any loss of or damage to a stored       weapon.


Hearing Date: 2/3/04


Staff: Bill Perry (786-7123).


Background:


Weapons, including firearms, are prohibited statewide in certain designated places. These places are:

  

          The restricted access areas of a jail or law enforcement facility;

           Courtrooms and other areas adjacent to or used in conjunction with court proceedings;

           The restricted access areas of a public mental health facility; and

           Taverns and other places that are made off-limits to persons under age 21 by liquor                  control board rules.


Additional rules apply to the prohibition of weapons in court facilities. A local jurisdiction with a court facility is required to provide storage for weapons at court facilities. A locked box must be provided, or an official must be designated, so that a person entering the court facility may check his or her weapon. The local jurisdiction is liable for the loss of or damage to a weapon left in a locked box or with an official. Local jurisdictions must also post restricted areas of the court facility with notice that weapons are prohibited.


Various "dangerous" weapons, as well as firearms, are generally prohibited on school facilities. In addition, local jurisdictions are authorized to prohibit firearms in a stadium or convention center.


It is a gross misdemeanor to possess a weapon in any of these places. However, certain persons are exempt from some or all of these prohibitions. Law enforcement personnel are exempt from all of the prohibitions. Military or security personnel are also exempt from all of the prohibitions, but only while engaged in official duties.


Summary of Proposed Substitute Bill:


Weapons are prohibited in the legislative building on the state capitol campus. The department of general administration is to provide locked boxes or a designated official to receive weapons of persons wishing to enter the building. The department is liable for any loss of a weapon or damage to a weapon while the owner is in the building. The department is also required to post the legislative building with notices indicating that weapons are prohibited.


The prohibition is subject to the existing exceptions for law enforcement, military and security personnel.


Appropriation: None.


Fiscal Note: Requested on February 1, 2004.


Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.