Passed by the House March 5, 2012 Yeas 94   ________________________________________ Speaker of the House of Representatives Passed by the Senate March 1, 2012 Yeas 47   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2347 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to the possession of spring blade knives; amending RCW 9.41.250; adding a new section to chapter 9.41 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.250 and 2011 c 13 s 1 are each amended to read as
follows:
(1) Every person who:
(a) Manufactures, sells, or disposes of or possesses any instrument
or weapon of the kind usually known as slung shot, sand club, or metal
knuckles, or spring blade knife((, or any knife the blade of which is
automatically released by a spring mechanism or other mechanical
device, or any knife having a blade which opens, or falls, or is
ejected into position by the force of gravity, or by an outward,
downward, or centrifugal thrust or movement));
(b) Furtively carries with intent to conceal any dagger, dirk,
pistol, or other dangerous weapon; or
(c) Uses any contrivance or device for suppressing the noise of any
firearm unless the suppressor is legally registered and possessed in
accordance with federal law,
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) ((Subsection (1)(a) of this section does not apply to:)) "Spring blade knife" means any knife, including a prototype,
model, or other sample, with a blade that is automatically released by
a spring mechanism or other mechanical device, or any knife having a
blade which opens, or falls, or is ejected into position by the force
of gravity, or by an outward, downward, or centrifugal thrust or
movement. A knife that contains a spring, detent, or other mechanism
designed to create a bias toward closure of the blade and that requires
physical exertion applied to the blade by hand, wrist, or arm to
overcome the bias toward closure to assist in opening the knife is not
a spring blade knife.
(a) The possession of a spring blade knife by a law enforcement
officer while the officer:
(i) Is on official duty; or
(ii) Is transporting the knife to or from the place where the knife
is stored when the officer is not on official duty; or
(b) The storage of a spring blade knife by a law enforcement
officer.
NEW SECTION. Sec. 2 A new section is added to chapter 9.41 RCW
to read as follows:
(1) RCW 9.41.250 does not apply to:
(a) The possession or use of a spring blade knife by a general
authority law enforcement officer, firefighter or rescue member,
Washington state patrol officer, or military member, while the officer
or member:
(i) Is on official duty; or
(ii) Is transporting a spring blade knife to or from the place
where the knife is stored when the officer or member is not on official
duty; or
(iii) Is storing a spring blade knife;
(b) The manufacture, sale, transportation, transfer, distribution,
or possession of spring blade knives pursuant to contract with a
general authority law enforcement agency, fire or rescue agency,
Washington state patrol, or military service, or pursuant to a contract
with another manufacturer or a commercial distributor of knives for
use, sale, or other disposition by the manufacturer or commercial
distributor;
(c) The manufacture, transportation, transfer, distribution, or
possession of spring blade knives, with or without compensation and
with or without a contract, solely for trial, test, or other
provisional use for evaluation and assessment purposes, by a general
authority law enforcement agency, fire or rescue agency, Washington
state patrol, military service, or a manufacturer or commercial
distributor of knives.
(2) For the purposes of this section:
(a) "Military member" means an active member of the United States
military or naval forces, or a Washington national guard member called
to active duty or during training.
(b) "General law enforcement agency" means any agency, department,
or division of a municipal corporation, political subdivision, or other
unit of local government of this state or any other state, and any
agency, department, or division of any state government, having as its
primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general.
(c) "General law enforcement officer" means any person who is
commissioned and employed by an employer on a full-time, fully
compensated basis to enforce the criminal laws of the state of
Washington generally. No person who is serving in a position that is
basically clerical or secretarial in nature, or who is not commissioned
shall be considered a law enforcement officer.
(d) "Fire or rescue agency" means any agency, department, or
division of a municipal corporation, political subdivision, or other
unit of local government of this state or any other state, and any
agency, department, or division of any state government, having as its
primary function the prevention, control, or extinguishment of fire or
provision of emergency medical services or rescue actions for persons.
(e) "Firefighter or rescue member" means any person who is serving
on a full-time, fully compensated basis as a member of a fire or rescue
agency to prevent, control, or extinguish fire or provide emergency
medical services or rescue actions for persons. No person who is
serving in a position that is basically clerical or secretarial in
nature shall be considered a firefighter or rescue member.
(f) "Military service" means the active, reserve, or national guard
components of the United States military, including the army, navy, air
force, marines, and coast guard.