HomeMy WebLinkAboutO-0524 - Firearms and weapons (Repealed by 965)ORD INAN CE NO ._-=-~"-,-__
An ordinance of the City of'Ilijarysville,relating to Firearms and
:~eapons
,THE CITY COUNCIL OFTIrt CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS:
Section 1.'~fi ni tions:The terril "Short f'Lr-ea rm"or "pd.s t o I.''as
used in this chapter means any firearm with aibar-r-e I les~t han
twelve (12)inches in length.
CHIME OF VIOLENCE:The term "Crime of violence"as used in this
chapter means any of the following crimes or an attempt to commit
any of the same:murder,manslaughter,rape,mayhem,first degree
assault,robbery,burglary and kidnaping.
Section 2.Committing crime while armed.If any person shall commit
or attempt to commit a crime of vio Lence when armeci with a pistol
or other lethal weapon,he shall be punishedi in addition to the
punishment proviaed for the crime,by 'a fine of not~6re than
three hundred dollars and be imprisoned for ninety days or both.
Section 3.Being ~rmed prima facie evidence of intent.In the
trial of a person for committing or atvempting to commit a crime
of violence,the fact that he was armed with a pistol or other
letllal weapon and he had no license or lawful authority to carry
the same shall be prima facie evidence of his intent C
said crime of violence.
to commit
Section 4.Certain persons forbidden to possess arms.No person
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person who has been convicted in this s ca t e or elsewhere of a
crime of violence shall own a p1stol or have one in his possess~
ion or under his controlo
Section 50 'Carrving pistolo No person shall carry a pistol in
any vehicle or concealaneonor about his person,excep t ri n his
place of abode or fixed place of business,;~ithout ~license as
provided by lawo
Section 60 Exceptions 0 1'11e provisions of the preceding section
shall not apply to marshals,she r Lf'fs.,prison or jail wardens or
their deputies,policemen or other law enforcement officers,or
to members of the Army,Navy,Jilarir;teCorps)'or C:oast 'Guar.d of the United
States or of the National Guard or organized reserves when on
duty,or to regularly enrolled members of any organizations
duly authorized to purchase or receive such weapons f'r'om rt hs
United States or from this state,or to regularly enrolled
members of clubs organized for the purpose of target shooting
and affiliated with a national shooting organization;rrovided,
such members are at or going to or from their places of assembly
or target practice,or to officers or employees of the United
States duly authorized to carry aconqealed pistol,or to uny
person engagedin the business of manufacturing,repairing,or
dealing in firearms or the agent or representative of any such per-
son haVing in his possession,using,or car~ying a pistol in the
usual or ordinary course of such business,orto'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 in moving from
one place of abode or business to another.
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Section 7.Licenso tocCirry concealed pistol.-he Chief of
Police shall uj-ori application of any person .i st.ue a license to
such person to carry a pistol in a vehicle or concealed on or
about his person within this$tate for not more than one year
.from date of issue,if it appears that the applicant has good
reason to fear any injury to his p~rson ,or property,or has:
other proper reason for carrying a pistol,and that he is'a
suit~ble person to be so licensed.1he license shall be in
triplicate,in form to be prescribed by the stato director of'
licenses,and shall bear the name,address,description and
signature of the licensee and the re~p.s:~mgiven for desiring a
license.The orignal thereof -shall be delivered to the lic-
ensee,the duplicate shall wit hi.n seven days be sent by regis-
tered mail to the director of licenses and the triplicate shall
be preserved for six years,by the authority issuing said li-
c
cense.The fee for such license shall be two dollars of which
the sum of one dollar shall be paid into the state treasury •
.jection 80 Deli very to minors and certain'others forbidden.
No person shall deliver a pistol to any person under the age of
twenty-one or to one Imom he has reasonable cause to believe has
been convicted of a crime of violence,or is a drug addict,and
habitual drunkard,or of unsound mind.
3ection 9.The Chief of Police shall g rarrt licenses in forms
prescribed by the director of licenses effective for not more
than one year from the dCite of issue permittillg the licensee
to sell pistols within this city sub je c t to t he fol1owinr;can-
di tions,for breach of any of which the Ld cen s e shall be forfeited,
and the licensee subject to punishment as provided in RCW 9.410010
through 904101600
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(1)The business shall be carriea on only in the building
designated in the license.
(2)The license or a copy thereofj certified by the issuing
authority I shall b G displayed on .t he premises where it can eus i Ly
'be read.
(3)No'pistol shall be sold ,(a~in violation of any provisions
of HeW 9041.010 through 9041.160,nor (b)shall a pistol be
sold under any circumstances unless the purchaser is,personally,
known to the seller or shall present clear evidence of his
identity.
(4)A true record in triplictiteshall be made of every pistol
sold l in a book kept for the purpose,the form of which may be
prescribed by the dire ctor of licenses and shall be personally
signed by the purchaser and by the person effecting the sale,
each in the presence of the othe r,.and shall,c ont an the date
of sale"the calibre,make,model and manufacturer's number
of the weapon,the name,address,cc.rupatd on and place of bi rth
of the purchaser and a'statement·signed by the purchaser that
he has never been convicted ,in this state or elsewhere of a
crime of vdoLen ce , One copy shall wi tnin six hours be sent
by registered mail to the .Cnief'of Police of the municipality
or the sherif of the county of which the dealer is a resident;
the duplicate the dealer shall within seven days send to the
director of licenses;the triplicate the dealer shall retain
for six years.
(5)''l'his section shall not apply to sales at wholesale.
(6)The dealer's licenses authorized to be issued by.this section
are general licenses covering all sales by the licensee within
the ef'f'e c t.f ve period of the licenses.
(7)'I'he city is prohibited from requiring the purchaser to
secure a permit to purchase or from requi.ring the dealer to secure an
individual permit for each sale.
The fee paid for issuing said license shallbe five dollars
which fee shall be paid into the state ,treasury.
Section 10.Pistol dealers to be l{censed.No r~tail dealer
shall sell or otnerliVise transfer,or expose for sale or transfer,
or have in his possession with·intent to sell,'or otherwise
tranfer any pistol without being li censed as provided by law
under the requirements of ReW 9.4.1.110.
Section 11¢Certain tr~nsfers forbidden.No person other than
a duly licensed.dealer shall.make any loan secured by a mortgage)
deposit or pledge of a pistol,Any licensed dealer receiving
a pistol as a deposit or pledge for a loan shall keep such
records and make such reports as a .re provided by law for
pawnb roke r-s and second-hand dealers in cities of the first
class.A duly licensed dealer may mortgage any pistol Or
stock of pistols but shall not deposit or pleage the same
with any othe r person.No person shall lend or give a pistol
to another or otherwise deliver a pistol contrary to the
provisiuns of thi~cha~ter.
Section 12.Alteration of identifying marks on pistol prohibited.
No person shall change,alter,remove,or obliterate thl!name
of the make.r ,moci.e':",manufacturer!s number,or othe r mark of
t f
identification on any pistoL . Pos-sess i ono any pistol upon
which any such mark shall have been changed,altered,removed
or obli terated,shall be prima facie'evidence that the possessor
has changed,a Lt er'ed ,removed or obliterateu the sume.
Sec t Lon 13.False information in,obtaining pistol.No person shall in
purchasing or othenvise securing de Li ve r-y of a pistol or in
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applying for a license to carry the same give false irtformation
or offer false evidence of his identi~y.
Section 14.'Exceptions for unusable pistols 0 This chapter
shall not aprly to antique pistols unsuitable for use as fire-
arms and possessed as curlosities or ornaments.
Section 150 Machine guns prohibited.It shall be unlawful
for any person to manufacture,own,buy,sell,loan,f'urrn sh ,
transport,or to have in possession"or under co nt r-o L,any
machine gun,or any part thereof capable of use or assembling
or repairing any machine gun;provided,however ,that such li-
mitation shall not apply to any police officer in the discharge
of official duty,or to any officer or member of the armed
forces of the United States or the State of Uaahi ng t on,
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Section 16.Machine gun defined.For the purpose of this
chapter a machine gun is defined as any firearm or weapon
known as a machine gun,mechanical rifle;submachine gun,and/
or any other weapon,mechanism or instrument not requiring that
the trigger be pressed for each shot and having a reservoir
clip disc,drum,belt or other separable mechanical device for
storing,carrying or supplying ammunition which can be loaded
into such weapon,mechanism,or instrument and fired therefrom
at a rate of five or more shots per second.
Section 17.Machi~e guns or parts contraband.All machine
guns,or parts thereof,illebal1y held or possessed are hereby
declared to he contraband,and it shall be the duty of all
police officers to seize said machine gun,or parts thereof,
wherever and .whenever found.
Section 1s.Penal ty for dangerous \veapons ~Every person who
shall manufacture j sell or dispose of or.have in his possession
any instrument or weapon of the kind usually kno~na2 slung
shot,sand club,or metal knuckles;shall furtively carry,or
conceal any dagger,dirk,knife·or other dangerous weapon;or
who shall use any contrivance Or device for suppressing the
noise of any firearm,shall be guilty of a gross misdemeanor.
Section 19.uischarging firearms in city.Any person who
shall within the limits of the city,fire off or discharge any
gun,pistol or firearm of any kind'I'vi thbut lawful authority
shall be guilty of a gross misdemeanor.
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Section,20.Air gun defined.,As used in this chapter,the
'Words "air gun"shall mean and include the following:
Airgun,air pistol,air rifle,BB gun and toy guns of any
kind or nature when sc rd es i gned ,cont r-ived ,modified and
used to prope L,by compre'ssedair,or spring loaded plunger,
any pe Ll.e t j vdar-t ,hard-tipped arrow,bean;pea,BB,rock
or other hard .subat.ence a distance of more than twent~-five
,,
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.feet with sufficient force to"break ,windows or inflict Lri-
jury upon persons or an.i ma.Ls v."
Section 21 0 Possession of air guns 0'Except as hereinafter
yro'vided,it shall be unlawful:
(a)liar any person under sixteen years of age to carry or
shoot any air gun within the C:ityof'Marysville when not in the
presence of his parent or other adult in,loco parerrti.s and under
the dire ction and control of such adu Lt ,:
(b)For"any'person to point 'or shoot an air gun at any
persa'n or property of another"or 'to ai~or discharge such
we apons in the direction of the,person or r'e ei.d en ce vof another,
while wi t h'in such range as to cause or inflict injury to the
person or damage the property of another.
(c)For any pare,nt or pe r-sori-d.n .Loco parentis to allow,
give or permit the possession of C,lny:",ir gun,falling within the
definition 'contained in Section'20 to any child under the ,age
of sixteen years,except under,the,provisions of subsection (a)
above."
(d)For any merchant to sell or rent any air guns to
minors under sixteen years of age,except when ·such minor is in
the presence of his parent or other adult in charge of such
chi Ld,
Section 22Q Exceptions.The provisions of Section 22 (a)and
(c)shall not apply:
(a)When such minor is possessiw'1"or using such weapons on
a gun range operated or conducted by any school,educational
institution or other regulated group,pursuant to rules and
regula tionsprovided by the ~hief of Poli ce or city ordinance.
and licensed by the city,or
(b)whe n such minor is pos sesei.ng :or usi ng such air gun
within a regulated or supervised course or range provided by the
City fark Department,under regulations or ordinances duly pro-
mulgated and adopted therefor,or
(c)When any .such minor is carrying such weapon unloaded
.and otherwise properly di smarrt Led ,to and from such licensed or"
authorized course,or
(d)vvhen such minor has obtained a certificate of profi-
ciency from the Chief of Police under the rules and r'e gu Lat i.on s
promulgated by the vhief of Police to insure the safe handling
of such toys or weapons by such minor,or wheri confined to an
area i"1ithin the property of the parents of such mj.nor which
complies with the regulations relating to private practice or
target ranges as promulgated by the Chief of Folice.
Provided f'ur-t.her-that the provisions of Section 21 (b)
shall not prohibit the use of such weapons by a person over
sixte~n years of age,when such use is reasonably necessary and
represents reasonable force in the protection of the person o~
property of the use or another.
Section 23.Penalty for violations of air gun regulations.
Sectiqn 24.Any ordinance or parts of any ordinance,in conflict
herewith,are hereby repealed.
Secti on 25.This Ordinance shall take effect and be in force from
and after its passage,aprrova~.,and five days following its pub-
lication as required by law.
Passed by the Council of the ~ity of Marysville,this ;?6...et day of
ATTEST:
CITY OF r~RYSVILLE
B~~L-
Mayor
Approved as to form: