possession of firearm while intoxicated washington state possession of firearm while intoxicated washington state

The answer depends upon the nature of your employment and whether possession of a firearm at your workplace is allowed by your employer and/ or state law, including RCW 9.41.300. (4)(a) Any person who violates this section commits a civil infraction and shall be assessed a monetary penalty of $500. (1) A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made . (a) The possession or use of a spring blade knife by a general authority law enforcement officer, firefighter or rescue member, Washington state patrol officer, or military member, while the officer or member: (ii) Is transporting a spring blade knife to or from the place where the knife is stored when the officer or member is not on official duty; or. Obviously, however, we would need to see the actual text of the ordinance in order to further evaluate it in line with such criteria. (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW. (7) 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, except that subsection (1)(b) of this section does apply to a law enforcement officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter. (2) Except as otherwise provided in this chapter, a licensed dealer may not deliver a semiautomatic assault rifle to a purchaser or transferee until ten business days have elapsed from the date of the purchase application or, in the case of a transfer, ten business days have elapsed from the date a background check is initiated. (ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse. (a) Any law enforcement officer of a federal, state, or local government agency; or. (d) If a person violates this section by possessing, transporting, receiving, selling, offering to sell, transferring, or purchasing three or more unfinished frames or receivers at a time, then the person is guilty of a gross misdemeanor punishable under chapter. (b) Hold the firearm in custody for seventy-two hours from the time notification has been provided. (1) In order to better prevent suicide by veterans, military members, and their families, an expansion of safe storage of firearms and reduced access to lethal means in the community is encouraged. (2) Every store, shop, or sales outlet where firearms are sold, that is registered as a dealer in firearms with the department of licensing, shall conspicuously post, in a prominent location so that all patrons may take notice, the following warning sign, to be provided by the department of licensing, in block letters at least one inch in height: WARNING: YOU MAY FACE CRIMINAL PROSECUTION IF YOU STORE OR LEAVE AN UNSECURED FIREARM WHERE A PERSON WHO IS PROHIBITED FROM POSSESSING FIREARMS CAN AND DOES OBTAIN POSSESSION. 14, supra, it is our opinion that the validity of a local ordinance making it either a criminal or a civil offense to be in possession of a firearm while under the influence of alcohol (or other drugs) will not turn on RCW 9.41.290,supra-in the sense that such a local ordinance is, or is not, thereby statutorily preempted. (8) Subsection (1)(a), (b), (c), and (e) of this section does not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection (1)(b) of this section does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter, (9) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW. 921(a)(16); (d) Has been imprinted by a federal firearms dealer or other federal licensee authorized to provide marking services as provided for in RCW. (2) Subsection (1) of this section does not apply to any of the following: (a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state. Based on the reasoning of AGO 1983 No. According to decisions of the appellate courts of the State of Washington, employers, both public and private, may establish workplace rules prohibiting employees from possessing firearms or any other weapons while on . (c) Duly authorized federal, state, and local law enforcement officers and personnel are exempt from the provisions of this subsection (2) when carrying a firearm or other weapon in conformance with their employing agency's policy. (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. 921(a)(9). If the court enters an agreed order by the parties without a hearing, such an order meets the requirements of this subsection; (B) Restrains the person from harassing, stalking, or threatening the person protected under the order or child of the person or protected person, or engaging in other conduct that would place the protected person in reasonable fear of bodily injury to the protected person or child; and, (C)(I) Includes a finding that the person represents a credible threat to the physical safety of the protected person or child or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the protected person or child that would reasonably be expected to cause bodily injury; or, (v) After having previously been involuntarily committed based on a mental disorder under RCW, (vi) After dismissal of criminal charges based on incompetency to stand trial under RCW, (vii) If the person is under 18 years of age, except as provided in RCW, (viii) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW, (b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter, (4)(a) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW, (ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW, (B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW. (2)(a) Once the requirements in subsections (1) and (3) of this section have been met, a law enforcement agency must release a firearm to the individual from whom it was obtained or an authorized representative of that person upon request without unnecessary delay. (d) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor. No person may deliver a firearm to any person whom he or she has reasonable cause to believe: (1) Is ineligible under RCW. 14 and the later addendum thereto (copies enclosed) which were written to you approximately a year ago; and see also, Second Amendment Foundation, et al. (7) Each firearm unlawfully possessed under this section shall be a separate offense. (b) The date the court imposes the felony firearm offender's sentence, if the offender receives a sentence that does not include confinement. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the dealer so that the hold may be released if the warrant was for an offense other than an offense making a person ineligible under RCW, (5) In any case where the chief or sheriff of the local jurisdiction, or the state pursuant to subsection (3)(b) of this section, has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW. (11) "Federal firearms manufacturer" means a licensed manufacturer as defined in 18 U.S.C. (b) A person applying for a license renewal under this subsection shall: (i) Provide a copy of the person's original order designating the specific period of assignment, reassignment, or deployment for out-of-state military service; (ii) Apply for renewal within ninety days before or after the expiration date of the license; and. Moreover, we should also point out once again that the applicable constitutional provision isnot the Second Amendment to the United States Constitution. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency. If a person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any, revoked for a period of three years. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. (1) It is unlawful for a person to carry onto, or to possess on, licensed child care center premises, child care center-provided transportation, or areas of facilities while being used exclusively by a child care center: (b) Any other dangerous weapon as described in RCW, (c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or, (d)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun that projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or. In that context, however, we believe that mandatory forfeiture of the firearm-without regard to the degree of intoxication-would be inconsistent with RCW 9.41.098(1)(d) which reads as follows: "(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be: "(d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 percent or more by weight of alcohol in his blood, as shown by chemical analysis of his breath, blood, or other bodily substance; Thus, unlike the matter of specified times, places and circumstances where a concealed weapon or other firearm may or may not be possessed, the subject of forfeiture for certain stated reasons-including intoxication-is a part of the chapter 9.41 RCW mileau. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. (8) A school district board of directors must post signs providing notice of the restrictions on possession of firearms and other weapons under this section at facilities being used for official meetings of the school district board of directors. (1) When selling or transferring any firearm, every dealer shall offer to sell or give the purchaser or transferee a secure gun storage device, or a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm. (6) Nothing in this section mandates how or where a firearm must be stored. (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be: (a) Found concealed on a person not authorized by RCW, (b) Commercially sold to any person without an application as required by RCW, (c) In the possession of a person prohibited from possessing the firearm under RCW. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law. Constitutionality. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular business hours. The fee shall be distributed as follows: (i) Three dollars shall be deposited in the limited fish and wildlife account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. (6) Payment shall be by cash, check, or money order at the option of the applicant. A person is not a felony firearm offender under this chapter if any and all qualifying offenses have been the subject of an expungement, pardon, annulment, certificate, or rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or a pardon, annulment, or other equivalent procedure based on a finding of innocence. (a) Fifteen dollars shall be paid to the state general fund; (b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed; (c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; (d) Two dollars and sixteen cents to the firearms range account in the general fund; and, (e) Eighty-four cents to the concealed pistol license renewal notification account created in RCW. (4) A person violating this section is guilty of a misdemeanor. Conversely, your third question (as above stated) does present the possibility of a statutorily-prohibited (RCW 9.41.290) conflict between local and state law. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined. Sec. (f) This section does not apply to sales or transfers of firearm frames or receivers to licensed dealers. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. (7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds. The voluntary waiver of firearm rights form must include the following language: Because you have filed this voluntary waiver of firearm rights, effective immediately you may not purchase or receive any firearm. Notwithstanding the penalty provisions in this chapter, any person knowingly violating RCW. This subsection (2)(b) does not apply to any person possessing or controlling any firearm or other weapon on private property owned or leased by that person. (d) A background check for an original license must be conducted through the Washington state patrol criminal identification section and shall include a national check from the federal bureau of investigation through the submission of fingerprints. (ii) Any showing, demonstration, or lecture involving the exhibition of firearms. Helpful Links. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or, although no injury results, is guilty of a gross misdemeanor punishable under chapter, (2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters, Discharging firearm at railroad rolling stock: RCW. (4) The county sheriff may take the offender's photograph or fingerprints for the inclusion of such record in the registration. [, (a) The purchaser produces a valid concealed pistol license and the dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (6) of this section. However, a person who is not a commissioned law enforcement officer and who provides elections and voter registration security services under the direction of a county may not possess a firearm or device listed in subsection (1)(d) of this section unless he or she has successfully completed training in the use of firearms or such devices that is equivalent to the training received by commissioned law enforcement officers. (2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the detained person has a concealed pistol license. (31) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended: (b) Any felony violation of the uniform controlled substances act, chapter. (c) Conviction of the licensee for a third violation of this chapter within five calendar years; (d) An order that the licensee forfeit a firearm under RCW. All machine guns, bump-fire stocks, undetectable firearms, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found. (30) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. The dealer shall deliver the pistol or semiautomatic assault rifle to the purchaser following the period of time specified in this chapter unless the dealer is notified of an investigative hold under subsection (5) of this section in writing by the chief of police of the municipality, the sheriff of the county, or the state, whichever is applicable, or of the denial of the purchaser's application to purchase and the grounds thereof.