Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Civil Rights & Judiciary Committee
E2SSB 5098
Brief Description: Restricting the possession of weapons on the premises of state or local public buildings, parks or playground facilities where children are likely to be present, and county fairs and county fair facilities.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Valdez, Saldaña, Dhingra, Frame, Nobles, Orwall, Pedersen, Salomon, Stanford, Wellman and Wilson, C.).
Brief Summary of Engrossed Second Substitute Bill
  • Prohibits weapons at certain park facilities at which children are likely to be present, certain state or local public buildings, and certain county fairs and county fair facilities, subject to various exceptions.
  • Requires the perimeter of specific weapon-restricted areas be posted at common public access points as soon as practicable to alert the public of the existence of any law restricting the possession of firearms on the premises.
  • Extends and adds certain exceptions to area-based weapon restrictions.
Hearing Date: 3/18/25
Staff: John Burzynski (786-7133).
Background:

Weapon-Restricted Areas.

Washington prohibits any person from entering certain areas when that person knowingly possesses or controls a weapon, including:

  • the restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of specified persons;
  • those areas in any building 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 access areas of a public mental health facility licensed or certified by the Department of Health for inpatient hospital care and state institutions for the care of the mentally ill, excluding facilities solely for evaluation and treatment;
  • the portion of an establishment classified by the state Liquor and Cannabis Board as off-limits to persons under 21 years of age;
  • the restricted access areas of a commercial service airport designated in the airport security plan approved by the federal Transportation Security Administration;
  • the premises of a library established or maintained pursuant to state law;
  • the premises of an accredited or certified zoo or aquarium; and
  • the premises of a transit station or transit facility.

 

The perimeter of these locations must be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

 

Exceptions.

The foregoing restrictions on weapons in specified areas do not apply to:

  • any person engaged in military activities sponsored by the federal or state governments while engaged in official duties;
  • law enforcement personnel, subject to specified exceptions; or
  • security personnel while engaged in official duties.

 

Additionally, the foregoing restrictions do not apply to correctional personnel or community corrections officers, subject to specified requirements and exceptions.  However, the exception for correctional personnel and officers does not apply to the restriction on weapons in portions of an establishment classified by the state Liquor and Cannabis Board as off-limits to persons under 21 years of age.

 

Distinct area-specific exceptions apply to jail and law enforcement facilities, public mental health facilities, liquor and cannabis establishments, libraries, zoos and aquariums, and transit stations and facilities.

 

Weapon Defined.

For the purpose of the restriction on weapons in specified areas of courts, "weapon" means any firearm, explosive, or any weapon of the kind usually known as slungshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.

 

For the purpose of the restrictions on weapons in other specified areas, "weapon" means any firearm, explosive, or any instrument or weapon listed in the section of state law governing dangerous weapons, including any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife; or any dagger, dirk, pistol, or other dangerous weapon; or any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law.

 

Penalty.

Any person who violates the foregoing restrictions on weapons in specified areas is guilty of a gross misdemeanor.

 

Other Weapon-Restricted Areas.

Additional restrictions on weapons apply to other areas, including schools, child care facilities, and election facilities.  These restrictions are codified in a different section of the chapter of state law governing firearms and are subject to distinct requirements, exceptions, and penalties.

Summary of Bill:

Additional locations are added to the section of state law restricting entry into certain certain areas while knowingly possessing or controlling a weapon.

 

Weapons in Park Facilities.

Weapons are prohibited on the premises of a city's, town's, county's, or other municipality's neighborhood, community, or regional park facilities at which children are likely to be present.

 

Cities, towns, counties, and other municipalities must designate park facilities where children are likely to be present and post appropriate signage at common access points to notify the public that weapons are prohibited within the park facility.

 

Park facilities where children and youth are likely to be present include, but are not limited to, playgrounds or children's play areas; sports fields; swim beaches or water play areas; teen centers, community centers, or performing arts centers; skate parks; and other recreational facilities likely to be used by children or youth. 

 

Weapons in Public Buildings.

Weapons are prohibited on the premises of a state or local public building.  A "state or local public building" means a building or part of a building owned, leased, held, or used by the governmental entity of a city, town, county, or other municipality or by the state of Washington, if state or local public employees are regularly present for the purposes of performing their official duties, and that is not regularly used, and not intended to be used, by state or local public employees as a place of residence.

 

A state or local public building does not include Washington State Department of Transportation properties and facilities such as ferry terminals, ferry holding lanes, safety rest areas, and train depots which are used primarily by the general traveling public.  In such areas, weapons must remain in locked cases or remain in a locked portion of a vehicle.

 

Weapons at County Fairs.

Weapons are prohibited on the premises of county fairs and county fair facilities during the hours of operation in which the fair is open to the public.  "County fair" means fairs organized to serve the interests of single counties and are under county commissioner jurisdiction.  This prohibition does not apply to gun shows operating on county fairgrounds.

 

Notice Requirement.

As soon as practicable, the perimeter of certain weapon-restricted areas must be posted at common public access points to alert the public as to the existence of any law restricting the possession of firearms on the premises.   This requirement replaces the existing requirement for posting notice at reasonable intervals.

 

General Exceptions.

Existing exceptions allowing certain persons to bring weapons into otherwise weapon-restricted areas also apply to park facilities, public buildings, and county fairs.  These exceptions apply to:

  • certain persons engaged in military activities, law enforcement personnel, security personnel, and correctional personnel and community corrections officers;
  • qualifying color guard and honor guard activities related to burial or interment ceremonies; and
  • persons licensed to carry a concealed firearm pursuant to state law.

 

A new exception is added for all weapon-restricted areas, including both those provided for in current law and park facilities, public buildings, and county fairs.  This exception applies to firearms either on loan or that are part of a museum collection that may be in the possession of museum staff, volunteers, or contractors when they are on the premises and engaging in activities directly related to their official museum duties.  This exception extends to individuals bringing a firearm at an approved date and time to a museum for loan or donation.

 

Liquor and Cannabis Establishment Exception.

The existing exception allowing certain correctional personnel and community corrections officers to bring weapons into otherwise weapon-restricted areas is extended to apply to portions of an establishment classified by the state Liquor and Cannabis Board as off-limits to persons under 21 years of age.

 

Park Facility, Public Building, and County Fair Exceptions.

An exception applies for restrictions on weapons in park facilities, public buildings, and county fairs for qualifying color guard and honor guard activities related to permitted events where military rifle honors are customarily conducted.

 

Weapon Defined.

The multiple definitions of the word "weapon" are removed from the section of state law governing weapons in certain areas.  A unified definition of "weapon" is provided:  any firearm; explosive as defined by state law; or any instrument of the kind usually known as slungshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar instrument that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.

Appropriation: None.
Fiscal Note: Available.  New fiscal note requested on March 17, 2025.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.