967 Amend 9.32 Weapons Firearms and MinorsCITY OF YELM
ORDINANCE NO. 967
AN ORDINANCE of the City of Yelm, Washington, relating to the
amendment of Chapter 9.32.110 of the Yelm Municipal Code relating
to firearms and minors.
WHEREAS, Revised Code of Washington (RCW) Section 9.41.290
preempts the entire field of firearm regulation, within the boundary of the
state; and
WHEREAS, Yelm Municipal Code Section 9.32.110 is more restrictive
than RCW 9.41.300 relating to possession of firearms; and
WHEREAS, City Council wishes to amend Chapter 9.32.110 in order to
conform to state law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF YELM DOES ORDAIN AS FOLLOWS:
1. Section 9.32.110 is amended to read as follows:
9.32.110 Certain weapons prohibited — Exceptions.
A person is guilty of a gross misdemeanor if such person:
A. Manufactures, sells, disposes of, or possesses any instrument or weapon of the kind
usually known as a sand club, metal knuckles or springblade 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, falls or is ejected into position by the
force of gravity or by an outward, downward or centrifugal thrust or movement; or
B. Furtively carries with intent to conceal, any dagger, dirk, revolver, pistol, firearm or
other dangerous weapon or any other instrument by which injury could be inflicted upon
the person or property of another;
C. Possesses upon the premises of an elementary or secondary public or private school
or upon the premises of a public park or within 500 feet of the exterior perimeter of any
such school or park:
1. Any explosive or explosive device, or
2. Any device, commonly known as "nun- chu -ka sticks," consisting of two or more
lengths of wood, metal, plastic or similar substance connected with wire, rope or
other means, or
3. Any device, commonly known as "throwing stars," which are multipointed, metal
objects designed to embed upon impact from any aspect, or
4. 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.
It is a defense to a prosecution for a violation of this section that the person or company
possessing those items listed in subsections (C)(1) through (C)(4) of this section has a
federal firearms license to sell such items to qualified members of the public at a fixed
commercial location and that such items are protected from public access except that
those items described in subsections (C)(1) through (C)(4) of this section are located
and possessed totally within a private residence. It is further a defense to a prosecution
under this section that those items listed in subsection (C)(4) of this section are totally
unloaded and are located within a motor vehicle which is not upon the premises of an
elementary or secondary public or private school or upon the premises of a public park
or traveling to or from the premises of such a school or park.
Provided, however, that this section shall not apply to peace officers and other persons
whose duty is to execute process of warrants, to make arrests, or to persons who have
been lawfully licensed to carry such weapons within the city limits of Yelm.
PASSED by the City Council of Yelm this 9th day of April, 2013.
Ron Hardin ; Mayor
AUTHENTICATEQ:
Pine cnepf, City C �rk��
APPROVED AS O FORM:
Q.ffkc of the City ttorney
Brent Dille, Ci y Attorney
PUBLISHED: Nisqually Valley News, April 19, 2013
EFFECTIVE DATE: April 24, 2013