AN ACT Relating to the possession of weapons in
court facilities; amending RCW 9.41.300; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 9.41.300 and 1985 c 428 s 2 are each amended to read as follows:
(1) It is unlawful for any person to enter the
following places when he or she knowingly possesses or knowingly has under his
or her control a ((firearm)) weapon:
(a) The restricted access areas of a jail, or
of a law enforcement facility, or any place used for the confinement of a
person (i) arrested for, charged with, or convicted of an offense, (ii) charged
with being or adjudicated to be a juvenile offender as defined in RCW
13.40.020, (iii) held for extradition or as a material witness, or (iv)
otherwise confined pursuant to an order of a court, except an order under
chapter 13.32A or 13.34 RCW. Restricted access areas do not include common
areas of egress or ingress open to the general public;
(b) ((A courtroom or judge's chamber, while
either is being used for any judicial proceeding. This does not include common
areas of egress and ingress of the courthouse)) Those areas in any
building which are used in connection with court proceedings, including
courtrooms, jury rooms, judge's chambers, offices and areas used to conduct
court business, waiting areas, and corridors adjacent to areas used in
connection with court proceedings. The restricted areas do not include common
areas of ingress and egress to the building that is used in connection with
court proceedings, when it is possible to protect court areas without
restricting ingress and egress to the building. The restricted areas shall be
the minimum necessary to fulfill the objective of this subsection (1)(b).
In addition, the local legislative authority
shall provide either a stationary locked box sufficient in size for short
firearms and key to a weapon owner for weapon storage, or shall designate an
official to receive weapons for safekeeping, during the owner's visit to restricted
areas of the building. The locked box or designated official shall be located
within the same building used in connection with court proceedings. The local
legislative authority shall be liable for any negligence causing damage to or
loss of a weapon either placed in a locked box or left with an official during
the owner's visit to restricted areas of the building.
The local judicial authority shall designate
and clearly mark those areas where weapons are prohibited, and shall post
notices at each entrance to the building of the prohibition against weapons in
the restricted areas;
(c) The restricted access areas of a public
mental health facility certified by the department of social and health
services for inpatient hospital care and state institutions for the care of the
mentally ill, excluding those facilities solely for evaluation and treatment.
Restricted access areas do not include common areas of egress and ingress open
to the general public; or
(d) That portion of an establishment classified
by the state liquor control board as off-limits to persons under twenty-one
years of age.
(2) Notwithstanding RCW 9.41.290, cities,
towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in
any portion of their respective jurisdictions where there is a reasonable
likelihood that humans, domestic animals, or property will be jeopardized.
Such laws and ordinances shall not abridge the right of the individual
guaranteed by Article I, section 24 of the state Constitution to bear arms in
defense of self or others; and
(b) Restricting the possession of firearms in
any stadium or convention center, operated by a city, town, county, or other
municipality, except that such restrictions shall not apply to:
(i) Any firearm in the possession of a person
licensed under RCW 9.41.070; or
(ii) Any showing, demonstration, or lecture
involving the exhibition of firearms.
(3) The perimeter of the premises of any
specific location covered by subsection (1) of this section shall be posted at
reasonable intervals to alert the public as to the existence of any law
restricting the possession of firearms on the premises.
(4) Subsection (1) of this section does not
apply to:
(a) A person engaged in military activities
sponsored by the federal or state governments, while engaged in official
duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in
official duties.
(5) Subsection (1)(a) of this section does not
apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the
place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises or checks his or her firearm. The
person may reclaim the firearms upon leaving but must immediately and directly
depart from the place or facility.
(6) ((Subsection (1)(b) of this section does
not apply to a judge or court employee or to any person licensed under RCW
9.41.070 who, before entering the restricted area, directly and promptly
proceeds to the court administrator or the administrator's designee and obtains
written permission to possess the firearm.
(7)))
Subsection (1)(c) of this section does not apply to any administrator or
employee of the facility or to any person who, upon entering the place or
facility, directly and promptly proceeds to the administrator of the facility
or the administrator's designee and obtains written permission to possess the firearm
while on the premises.
(((8))) (7) Subsection (1)(d) of
this section does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(((9))) (8) Any person violating
subsection (1) of this section is guilty of a misdemeanor.
(9) "Weapon" as used in this
section means any firearm, explosive as defined in RCW 70.74.010, or instrument
or weapon listed in RCW 9.41.250.
