BILL REQ. #:  S-4191.2 

READ FIRST TIME 02/02/12.   

     AN ACT Relating to the possession and manufacture of equipment for public safety and military personnel; 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)) switchblade 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:
     (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.)) "Switchblade knife" means any knife 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 switchblade knife.

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 of a switchblade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or active military member, while the officer or member:
     (i) Is on official duty; or
     (ii) Is transporting the knife to or from the place where the knife is stored when the officer or member is not on official duty; or
     (iii) The storage of a switchblade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or active military member;
     (b) The manufacture, sale, transportation, transfer, distribution, or possession of switchblade knives, including a prototype, model, or other sample switchblade knives, pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military agency; or pursuant to a contract with another manufacturer or distributor, of knives for use, sale, or other disposition by the manufacturer;
     (c) The manufacture, transportation, transfer, distribution, or possession, without compensation, of prototype, model, or other sample switchblade knives 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, or military agency, or another manufacturer or distributor of knives, with or without a contract.
     (2) For the purposes of this section:
     (a) "Active military member" means an active member of the United States military or naval forces, or a Washington national guard member called to active duty.
     (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 agency" means the United States military or naval forces or the national guard of any state.