Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Judiciary Committee

HB 1764


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to the possession of electronic weapons on school property.

Brief Description: Addressing possession of electronic weapons on school property.

Sponsors: Representatives Lantz, Strow, Kagi, Anderson, Skinner, Appleton, Hankins, Seaquist, Jarrett, Roberts, Williams, Rolfes, Hurst, Moeller, Kenney, Schual-Berke and Ormsby.

Brief Summary of Bill
  • Prohibits students and minors from possessing electronic weapons on public or private elementary or secondary school property.

Hearing Date: 2/7/07

Staff: Edie Adams (786-7180).

Background:

With several exceptions, it is a gross misdemeanor for a person to possess any of the following items on school property: firearms; other dangerous weapons such as brass knuckles, sling shots, daggers, and switchblade knives; nun-chu-ka sticks; throwing stars; and pellet guns. Exceptions are provided for law enforcement, security or military personnel, persons involved in firearms or martial arts training or events, persons with concealed pistol licenses who are picking up or dropping off students, and for adult persons if the firearm or other dangerous weapon is secured in a vehicle. A violation of this section by a student is grounds for expulsion and the school must report the violation to law enforcement and the student's parent or guardian.

The general term "stun gun" includes a variety of handheld electrically charged devices that are available for sale and are designed and advertised as personal defense or law enforcement weapons. Typically, a stun gun is designed to deliver a relatively low amperage pulsed electrical current that causes rapid and uncontrolled muscular contractions. Depending on various factors, such as the strength, location, and duration of the contact, a person hit with such a current may be rendered largely incapacitated for a matter of seconds or minutes.

There is no regulation of the purchase or possession of stun guns in Washington. It is therefore legal for any person to sell or possess a stun gun, although unauthorized use of a stun gun could lead to civil or criminal liability, or both.

Summary of Bill:

It is a gross misdemeanor offense for a student or a minor to possess an electronic weapon on public or private elementary or secondary school property, including school-provided transportation or other facilities while being used exclusively by a school.

"Electronic weapon" is defined as an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal, whether through direct contact, through projection of wired probes, or through a spark, plasma, or other conductive means.

Appropriation: None.

Fiscal Note: Not requested.

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