2906-S AMH FUHR H4305.3

SHB 2906 - H AMD TO H AMD (H-4293.2/94) 1161 WITHDRAWN 02/21/94

By Representative Fuhrman

    On page 9, beginning on line 26 of the amendment, strike all of subsection (4)

    Renumber the subsections consecutively and correct any internal references accordingly.

SHB 2906 - H AMD TO H AMD (H-4293.2/94)

By Representative Fuhrman

    On page 31, after line 36 of the amendment, insert the following:

    "NEW SECTION. Sec. 125.  A new section is added to chapter 9.41 RCW to read as follows:

    Every person who carries an unconcealed firearm, whether loaded or not, who intentionally stalks, harasses, intimidates, threatens, or follows another person at any location and the person being stalked, harassed, intimidated, threatened, or followed is placed in fear that the person with the firearm intends to injure the other person is guilty of a gross misdemeanor.

    The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances, and the person with the firearm must either intend to frighten the other person or know or reasonably should know that the other person is afraid even if the person with the firearm did not intend to place the other person in fear.

    It is not a defense that the person with the firearm did not intend to frighten the other person.  It is a defense that the defendant is a law enforcement officer, or a licensed private detective acting within the capacity of his or her license as provided under chapter 18.165 RCW, was acting with legal justification, or that the presence of the person with the firearm was coincidental."

    Renumber the sections consecutively and correct any internal references accordingly.

EFFECT:  Creates a new crime making it a gross misdemeanor for a person carrying an unconcealed firearm to cause fear in another person either intentionally or with reason to know that the other person would be afraid.

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