Chapter 10.24 WEAPONS

Chapter 10.24
WEAPONS

Sections:

Article 1 – Snap-Blade Knives and Tear Gas Pens or Projectors

10.24.010 Definitions.

10.24.020 Conviction for display or possession.

10.24.030 Exemptions.

10.24.040 Penalty.

Article 2 – Pistols and Other Short Firearms

10.24.050 Pistol defined.

10.24.060 General regulations.

10.24.070 Exemptions.

Article 3 – No-Shooting Areas

10.24.080 Definitions.

10.24.090 Discharge of firearms – Areas where prohibited.

10.24.100 Exceptions.

10.24.103 Ranges.

10.24.105 Review committee.

10.24.107 Designation of additional no-shooting areas through petition method.

10.24.110 Violation – Penalty.

Article 1 – Snap-Blade Knives and Tear Gas Pens or Projectors

10.24.010 Definitions.

(a) “Person” as used in this article means any individual, firm, partnership, association or corporation.

(b) “Snap-blade knife” as used in this article means any knife having a blade which is or can be concealed in its handle and ejected therefrom by a mechanical or spring device. This definition shall not apply to fixed-blade knives having blades which pivot on and fold into their respective handles and can be opened only manually.

(c) “Tear gas pen or projector” as used in this article means any container or device having the appearance of a pen or pencil flashlight, which is capable of dispensing in the atmosphere a gas-loaded cartridge.

(Ord. 24 (1971) (part), 1971)

10.24.020 Conviction for display or possession.

(a) No person shall display, sell, give away, purchase or possess any snap-blade knife, or tear gas pen or projector.

(b) Upon the conviction of any person under the provisions of this article, the court having jurisdiction in the case shall order the Kitsap County sheriff to destroy any snap-blade knife or tear gas pen or projector entered as evidence in the case.

(Ord. 24 (1971) (part), 1971)

10.24.030 Exemptions.

This article shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers or to members of the Army, Navy, Coast Guard or Marine Corps of the United States or of the National Guard or organized reserves when on duty, or to officers or employees of the United States duly authorized to carry snap-blade knives or tear gas pens or projectors.

(Ord. 24 (1971) (part), 1971)

10.24.040 Penalty.

Violation of any provision of this article is a misdemeanor, punishable by a fine not exceeding two hundred fifty dollars or by imprisonment in the county jail for a term not exceeding ninety days.

(Ord. passed August 28, 1972: Ord. 24 (1971) (part), 1971)

Article 2 – Pistols and Other Short Firearms

10.24.050 Pistol defined.

“Pistol” as used in this article means any firearm with a barrel less than twelve inches in length.

(Ord. 25 (1971) (part), 1971)

10.24.060 General regulations.

(a) No person shall carry a pistol in any vehicle unless it is unloaded or carry a pistol concealed on his person, except in his place of abode or fixed place of business, without a license therefor as provided for in RCW 9.41.

(b) No person shall deliver a pistol to any person under the age of twenty-one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind.

(c) No person shall change, alter, remove or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any pistol. Possession of any pistol upon which any such mark has been changed, altered, removed or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This shall not apply to replacement barrels in old revolvers, which barrels are produced by current manufacturers and therefore do not have the marking on the barrels of the original manufacturers who are no longer in business.

(Ord. 25 (1971) (part), 1971)

10.24.070 Exemptions.

The provisions of this article shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, policemen or other law enforcement officers, or to members of the Army, Navy or Marine Corps of the United States or of the National Guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters; provided, such members are at, or are going to or from their places of target practice, or their collector’s gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing or dealing in firearms, or the agent or representative of any such person having in his possession, using or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another.

(Ord. 25 (1971) (part), 1971)

Article 3 – No-Shooting Areas

10.24.080 Definitions.

The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article:

(1) “Firearm” means any weapon or device by whatever name known which will or is designed to expel a projectile by the action of an explosion. The term “firearm” shall include but not be limited to rifles, pistols, shotguns and machine guns. The term “firearm” shall not include devices, including but not limited to “nail guns,” which are used as tools in the construction or building industries and which would otherwise fall within this definition.

(2) “Shoreline” means the border between a body of water and land measured by the ordinary high water mark.

(3) “Ordinary high water mark” means that mark on all lakes, streams and tidal water which will be found by examining the bed and banks in ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years as to mark upon the soil a characteristic distinct from that of the abutting upland in respect to vegetation; provided, that in any area where the ordinary high water mark cannot be found the ordinary high water mark adjoining salt water shall be the line of mean higher high tide.

(4) “Range” means a place set aside and designated for the discharge of firearms for individuals wishing to practice, improve upon or compete as to their shooting skills.

(Ord. 50-C (1993) § 1, 1993: Ord. 50-B (1993) § 1, 1993: Ord. 50-A (1985) § 1, 1985)

10.24.090 Discharge of firearms – Areas where prohibited.

(a) The discharge of firearms is prohibited within five hundred yards of any shoreline in the unincorporated areas of Kitsap County.

(b) The discharge of firearms in the unincorporated areas of Kitsap County is further prohibited in the following instances:

(1) In any area designated as a “no shooting” area pursuant to Section 10.24.107 of this chapter; specifically:

(A) Section 23, Township 25, Range 1 West, Willamette Meridian, Kitsap County, Washington, except for the following area: The southwest quarter except that portion lying northeast of the Seabeck Highway, of Section 23, Township 25, Range 1 West, Willamette Meridian;

(B) That area bounded on the west by Bethel-Burley Road, on the north by Burley-Olalla Road, on the east by Bandix Road, and on the south by the Kitsap County/Pierce County line;

(C) That area bounded on the west by a line that begins at the southwest corner of tax parcel number 252301-4-012-1009, thence in a straight line northeasterly to the northeast corner of tax parcel number 252301-1-019-1008, thence north along the east boundary of tax parcel number 252301-1-018-1009 to its intersection with the south boundary of tax parcel number 252301-4-013-1009, thence west along said south boundary to the southwest corner of said tax parcel, thence north along the western boundary of said tax parcel to the intersection of Southwest Lake Flora Road, thence easterly along the southerly right-of-way of said road to its intersection with J. M Dickenson Road Southwest, thence southwesterly along the westerly right-of-way of said road to its intersection with the eastern boundary of tax parcel number 252301-4-018-1003, thence north along said boundary to the northeast corner of said parcel, thence west along the northern boundary of said parcel to the Alpine Lake No-Shooting Area.

(2) On any parcel of land less than five acres in size;

(3) Towards any building occupied by people or domestic animals or used for the storage of flammable or combustible materials where the point of discharge is within five hundred yards of such building;

(4) From one-half hour after sunset to one-half hour before sunrise;

(5) Within five hundred yards of the following lakes located, in whole or in part, in the unincorporated areas of Kitsap County: Long Lake, Kitsap Lake, Wildcat Lake, Panther Lake, Mission Lake, Tiger Lake, William Symington Lake, Tahuya Lake, Island Lake, Horseshoe Lake, Carney Lake, Wye Lake, Buck Lake, Fairview Lake and Bear Lake.

(c) Nothing in this section shall be construed or interpreted as abridging the right of the individual guaranteed by Article I, Section 24 of the state Constitution to bear arms in defense of self or others.

(Ord. 270 (2002) § 1, 2002: Ord. 50-F (2000) § 1, 2000: Ord. 50-C (1993) § 2, 1993: Ord. 50-B (1993) § 2, 1993: Ord. 50-A (1985) § 2, 1985)

10.24.100 Exceptions.

The provisions of Section 10.24.090 shall not apply to the discharge of firearms:

(1) By law enforcement officers, including Washington State Department of Fish and Wildlife officers, or security personnel in the course of their official duties;

(2) On a range, provided that any such range shall comply with the criteria for ranges adopted by the Kitsap County board of commissioners pursuant to Section 10.24.103 of this chapter;

(3) In the course of farm slaughter activities;

(4) Pursuant to RCW 77.12.265;

(5) When such discharge is pursuant to and in compliance with any other valid state or federal law.

(Ord. 50-C (1993) § 3, 1993: Ord. 50-B (1993) § 2, 1993: Ord. 50-A (1985) § 3, 1985)

10.24.103 Ranges.

(a) The discharge of firearms shall be allowed on ranges which meet the criteria of this section. The property owner shall apply for and obtain a permit for a range. The application shall be submitted to the Kitsap County department of community development (DCD). An application for a range shall indicate whether the firearms to be used at the range are of the rim fire, elevated shot or other type or variety and whether the proposed range is to be a private or public range. Upon receipt of the application, DCD or its designated agent shall inspect the proposed range to ensure the suitability of the intended use, taking into consideration the most currently available guidelines for ranges promulgated by the National Rifle Association. Notice of the permit application shall be provided as required by the Land Use and Development Procedures Ordinance (Title 21 of this code). In addition, DCD shall post the property on which the proposed range is to be located with a notice of intended use. No permit shall be issued for a range unless the proposed range is first inspected and approved by a certified range technical advisor or equivalent.

(b) Permit applications for private ranges may be processed administratively by DCD. Permit applications for all other ranges shall be processed in accordance with existing procedures for the processing of unclassified use permits.

(1) Private Ranges. A range shall be deemed a private range it if meets the following criteria:

(A) No fee is charged for use of the range or for membership in the group of individuals allowed to use the range.

(B) Use of the range is limited to family members and up to two guests of the property owner at any one time; provided, however, that the property owner may apply to DCD up to twice annually for a special event exemption allowing in excess of two guests at a shooting event.

The provisions of this subsection shall be available to and apply equally to property being rented on at least a month-to-month basis from the property owner, provided, however, that both the individual renting the property and the property owner shall sign any application for a private range permit or special event exemption as to that property.

(2) Public Ranges. All ranges which do not meet the criteria for a private range shall be deemed to be public ranges.

(d) Nothing in this section or any other provision of this code shall be construed as authorizing an application or a permit for a range to be located in whole or in part in an area designated as an area where the discharge of firearms is prohibited; ranges in such areas are expressly prohibited. Nothing in this section shall be construed as permitting the discharge of firearms the ownership or possession of which is otherwise prohibited by law. Nothing in this section shall be construed as permitting the discharge of a firearm by an individual who is otherwise prohibited by law from owning or possessing a firearm.

(Ord. 50-G (2000) § 1, 2000: Ord. 50-C (1993) § 5, 1993: Ord. 50-A (1985) (part), 1985)

10.24.105 Review committee.

(a) A review committee is created for the purpose of recommending to the county board of commissioners the appropriate criteria for ranges and for petitions to establish additional “no shooting” areas within Kitsap County. Such committee shall consist of seven persons as follows:

(1) The county sheriff, who shall chair such committee, or his designee.

(2) The director of the county department of community development, or his designee.

(3) The presidents of the Kitsap Rifle and Revolver Club and the Poulsbo Sportsman Club, or their designees.

(4) Three citizens-at-large to be appointed by the county board of commissioners.

(b) Upon the receipt of the review committee’s recommendations, the board of commissioners shall set such matters for consideration at the next regularly scheduled public hearing or as soon thereafter as they may appropriately be heard.

(Ord. 50-B (1993) § 5, 1993)

10.24.107 Designation of additional no-shooting areas through petition method.

(a) The establishment or disestablishment of a “no shooting” area in addition to those described in Section 10.24.090 may be requested by petition by the registered voters residing in such proposed additional areas. Such petition may include a request that the discharge of certain types of firearms be nevertheless allowed during certain times and under certain conditions. The superintendent of a school district may also request by petition that school property within that district which is located in the unincorporated area of Kitsap County and on which a building having an occupancy classification of “E” under the Uniform Building Code is situated, together with the area within five hundred yards of the school property’s perimeter, be designated as a “no shooting” area. Any such petition shall be presented to the Kitsap County board of commissioners and shall substantially comply in content with the following criteria:

(1) The proposed area shall contain a minimum of fifty dwelling units or, in the alternative, a minimum area of one square mile;

(2) The proposed area shall have readily identifiable boundaries, which shall be shown on a map attached to the petition;

(3) A petition requesting that the discharge of certain types of firearms be nevertheless allowed during certain times and under certain conditions shall set forth with specificity the types of firearms, times and conditions being proposed;

(4) The petition for the proposed area shall bear the signatures of at least fifty-one percent of the proposed area’s registered voters; provided, however, that a petition for a “no shooting” area involving school property need be signed only by the superintendent of the school district in which the school property is located.

(b) A petition for a “no shooting” area shall be in substantially the following form:

PETITION TO CREATE A “NO SHOOTING” AREA

To: The Kitsap County Board of Commissioners

We, the undersigned citizens of Kitsap County, State of Washington, being legally registered voters within the respective precincts set opposite our names, do hereby respectfully request that the area generally known as ___________________ be established as a “No Shooting” area pursuant to Kitsap County Code Section 10.24.107.

We further request that the discharge of certain types of firearms, commonly known as _______________________, be nevertheless allowed during certain times of the year, namely, _______________________, under the following conditions:

1. ___________________________________

2. ___________________________________

3. ___________________________________

4. ___________________________________

5. ___________________________________

The proposed area’s boundaries are shown on the attached map and are generally described as follows:

[Here insert proposed area boundary description]

Each of us says:

(1) I am a legally registered voter of the State of Washington in the precinct written after my name below.

(2) The portion of such precinct within which I reside is included within the proposed “No Shooting” area.

(3) My residence address is correctly stated below.

(4) I have personally signed this petition.


Petition Name and Signature	Precinct Name	Residence Address Number and Street	City or PO Box No.	Zip Code

Failure of a petition to comply with any of the above format shall not automatically invalidate such petition but shall be a matter for consideration by the Kitsap County board of commissioners as to whether the intent and standards of this section have been met.

(c) Upon the receipt of such a petition, the board of commissioners shall forward the petition to the Kitsap County auditor for verification of the signature requirements of this section. Upon the return of area verification from the auditor, the board shall set the matter for consideration at the next regularly scheduled public hearing or as soon thereafter as it may appropriately be heard.

(d) At any time after one year from the effective date of the establishment of a “no shooting” area pursuant to this section, the residents of such area may seek abrogation of such by the same procedure provided in this section for the establishment of a “no shooting” area, provided however, that in the event of such abrogation, Section 10.24.090 of this chapter shall remain in full force and effect as to that area.

(Ord. 50-C (1993) § 4, 1993: Ord. 50-B (1993) § 6, 1993)

10.24.110 Violation – Penalty.

Violation of Section 10.24.090 is a misdemeanor punishable as provided in Section 1.12.010 of this code. In addition to or as an alternative to the criminal penalty, any violation of Section 10.24.090 shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Civil Enforcement Ordinance (Chapter 2.116 of this code). The choice of enforcement action taken and the severity of any penalty shall be based upon the nature of the violation and the damage or risk to the public.

(Ord. 50-D (1997) § 1, 1997: Ord. 50-A (1985) § 4, 1985)