BILL REQ. #:  H-1052.1 

Read first time 01/28/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to the sale and use of projectile stun guns; adding a new chapter to Title 9 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   For the purposes of this chapter, unless the context clearly requires otherwise, "projectile stun gun" means an electronic device which projects wired probes attached to the device that emit an electrical charge and is designed and primarily employed to incapacitate a person or animal.

NEW SECTION.  Sec. 2   (1) No person or business may sell a projectile stun gun in the state of Washington unless the projectile stun gun:
     (a) Has a maximum charge of less than one hundred thousand volts;
     (b) Has a maximum of less than nine joules of energy per pulse;
     (c) Has an identification and tracking system which, upon deployment of remote electrodes, disperses coded material traceable to the purchaser through records kept by the manufacturer on all projectile stun guns and all individual cartridges sold, which information shall be made available to any law enforcement agency upon request; and
     (d) Is manufactured by a company that offers a training program.
     (2) A person selling a projectile stun gun shall register the identity of the purchaser with the manufacturer of the projectile stun gun. Such identification shall be verified with a government-issued identification, or by verifying the social security number and address of the purchaser.
     (3) No person or business may sell or give a projectile stun gun to any person who has been convicted of a felony. It is the responsibility of the person selling or giving the projectile stun gun to complete a national criminal history background check to determine if the person purchasing or receiving the projectile stun gun is a felon.
     (4) A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor.

NEW SECTION.  Sec. 3   (1) A person may not purchase, possess, or use a projectile stun gun that is in violation of section 2(1) of this act.
     (2) No person who has been convicted of a felony may purchase, possess, or use a projectile stun gun.
     (3) It is unlawful for any person to carry, exhibit, display, or draw any projectile stun gun in a manner, under circumstances, and at the time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
     (4) Subsection (3) of this section shall not apply to or affect the following:
     (a) Any act committed by a person while in his or her place of abode or fixed place of business;
     (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
     (c) Any person acting to protect himself or herself against the use of presently threatened unlawful force by another, or to protect another against the use of such unlawful force by a third person;
     (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
     (e) Any person engaged in military activities sponsored by the federal or state government.
     (5) Any person violating this section is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 4   Any person who knowingly uses a projectile stun gun against a law enforcement officer is guilty of a class B felony.

NEW SECTION.  Sec. 5   The state of Washington fully occupies and preempts the entire field of regulation of projectile stun guns. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to projectile stun guns that are consistent with this chapter. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with 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 the city, town, county, or municipality.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 9 RCW.