S-3645.1
SENATE BILL 5860
State of Washington 68th Legislature 2024 Regular Session
By Senators Fortunato and Padden
Prefiled 12/18/23. Read first time 01/08/24. Referred to Committee
on Law & Justice.
1 AN ACT Relating to spring blade knives; amending RCW 9.41.250,
2 9.41.280, 9.41.282, 10.31.100, and 43.216.760; reenacting and
3 amending RCW 9.41.300; repealing RCW 9.41.251; prescribing penalties;
4 and providing an effective date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 9.41.250 and 2012 c 179 s 1 are each amended to read
7 as follows:
8 (1) Every person who:
9 (a) Manufactures, sells, or disposes of or possesses any
10 instrument or weapon of the kind usually known as slung shot, sand
11 club, or metal knuckles((, or spring blade knife));
12 (b) Furtively carries with intent to conceal any dagger, dirk,
13 pistol, or other dangerous weapon; or
14 (c) Uses any contrivance or device for suppressing the noise of
15 any firearm unless the suppressor is legally registered and possessed
16 in accordance with federal law,
17 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
18 (2) "Spring blade knife" means any knife, including a prototype,
19 model, or other sample, with a blade that is automatically released
20 by a spring mechanism or other mechanical device, or any knife having
21 a blade which opens, or falls, or is ejected into position by the
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1 force of gravity, or by an outward, downward, or centrifugal thrust
2 or movement. A knife that contains a spring, detent, or other
3 mechanism designed to create a bias toward closure of the blade and
4 that requires physical exertion applied to the blade by hand, wrist,
5 or arm to overcome the bias toward closure to assist in opening the
6 knife is not a spring blade knife. A spring blade knife is not a
7 dangerous weapon under this section.
8 Sec. 2. RCW 9.41.280 and 2023 c 470 s 3004 are each amended to
9 read as follows:
10 (1) It is unlawful for a person to knowingly carry onto, or to
11 possess on, public or private elementary or secondary school
12 premises, school-provided transportation, areas of facilities while
13 being used exclusively by public or private schools, or areas of
14 facilities while being used for official meetings of a school
15 district board of directors:
16 (a) Any firearm;
17 (b) Any other dangerous weapon as defined in RCW 9.41.250;
18 (c) Any device commonly known as "((nun-chu-ka [nunchaku]))
19 nunchaku sticks," consisting of two or more lengths of wood, metal,
20 plastic, or similar substance connected with wire, rope, or other
21 means;
22 (d) Any device, commonly known as "throwing stars," which are
23 multipointed, metal objects designed to embed upon impact from any
24 aspect;
25 (e) Any air gun, including any air pistol or air rifle, designed
26 to propel a BB, pellet, or other projectile by the discharge of
27 compressed air, carbon dioxide, or other gas; ((or))
28 (f)(i) Any portable device manufactured to function as a weapon
29 and which is commonly known as a stun gun, including a projectile
30 stun gun which projects wired probes that are attached to the device
31 that emit an electrical charge designed to administer to a person or
32 an animal an electric shock, charge, or impulse; or
33 (ii) Any device, object, or instrument which is used or intended
34 to be used as a weapon with the intent to injure a person by an
35 electric shock, charge, or impulse; or
36 (g) Any spring blade knife as defined in RCW 9.41.250.
37 (2)(a) Any such person violating subsection (1) of this section
38 is guilty of a misdemeanor.
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 1 (b) Second and subsequent violations of subsection (1) of this
2 section are a gross misdemeanor.
3 (c) If any person is convicted of a violation of subsection
4 (1)(a) of this section, the person shall have his or her concealed
5 pistol license, if any revoked for a period of three years. Anyone
6 convicted under this subsection is prohibited from applying for a
7 concealed pistol license for a period of three years. The court shall
8 send notice of the revocation to the department of licensing, and the
9 city, town, or county which issued the license.
10 Any violation of subsection (1) of this section by elementary or
11 secondary school students constitutes grounds for expulsion from the
12 state's public schools in accordance with RCW 28A.600.010. An
13 appropriate school authority shall promptly notify law enforcement
14 and the student's parent or guardian regarding any allegation or
15 indication of such violation.
16 Upon the arrest of a person at least ((twelve)) 12 years of age
17 and not more than ((twenty-one)) 21 years of age for violating
18 subsection (1)(a) of this section, the person shall be detained or
19 confined in a juvenile or adult facility for up to ((seventy-two)) 72
20 hours. The person shall not be released within the ((seventy-two)) 72
21 hours until after the person has been examined and evaluated by the
22 designated crisis responder unless the court in its discretion
23 releases the person sooner after a determination regarding probable
24 cause or on probation bond or bail.
25 Within ((twenty-four)) 24 hours of the arrest, the arresting law
26 enforcement agency shall refer the person to the designated crisis
27 responder for examination and evaluation under chapter 71.05 or 71.34
28 RCW and inform a parent or guardian of the person of the arrest,
29 detention, and examination. The designated crisis responder shall
30 examine and evaluate the person subject to the provisions of chapter
31 71.05 or 71.34 RCW. The examination shall occur at the facility in
32 which the person is detained or confined. If the person has been
33 released on probation, bond, or bail, the examination shall occur
34 wherever is appropriate.
35 Upon completion of any examination by the designated crisis
36 responder, the results of the examination shall be sent to the court,
37 and the court shall consider those results in making any
38 determination about the person.
39 The designated crisis responder shall, to the extent permitted by
40 law, notify a parent or guardian of the person that an examination
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 1 and evaluation has taken place and the results of the examination.
2 Nothing in this subsection prohibits the delivery of additional,
3 appropriate mental health examinations to the person while the person
4 is detained or confined.
5 If the designated crisis responder determines it is appropriate,
6 the designated crisis responder may refer the person to the local
7 behavioral health administrative services organization for follow-up
8 services or the health care authority or other community providers
9 for other services to the family and individual.
10 (3) Subsection (1) of this section does not apply to:
11 (a) Any student or employee of a private military academy when on
12 the property of the academy;
13 (b) Any person engaged in military, law enforcement, or school
14 district security activities. However, a person who is not a
15 commissioned law enforcement officer and who provides school security
16 services under the direction of a school administrator may not
17 possess a device listed in subsection (1)(f) of this section unless
18 he or she has successfully completed training in the use of such
19 devices that is equivalent to the training received by commissioned
20 law enforcement officers;
21 (c) Any person who is involved in a convention, showing,
22 demonstration, lecture, or firearms safety course authorized by
23 school authorities in which the firearms of collectors or instructors
24 are handled or displayed;
25 (d) Any person while the person is participating in a firearms or
26 air gun competition approved by the school or school district;
27 (e) Any person in possession of a pistol who has been issued a
28 license under RCW 9.41.070, or is exempt from the licensing
29 requirement by RCW 9.41.060, while:
30 (i) Picking up or dropping off a student; or
31 (ii) Attending official meetings of a school district board of
32 directors held off school district-owned or leased property;
33 (f) Any nonstudent at least ((eighteen)) 18 years of age legally
34 in possession of a firearm or dangerous weapon that is secured within
35 an attended vehicle or concealed from view within a locked unattended
36 vehicle while conducting legitimate business at the school;
37 (g) Any nonstudent at least ((eighteen)) 18 years of age who is
38 in lawful possession of an unloaded firearm, secured in a vehicle
39 while conducting legitimate business at the school; or
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 1 (h) Any law enforcement officer of the federal, state, or local
2 government agency.
3 (4) Subsections (1)(c) and (d) of this section do not apply to
4 any person who possesses ((nun-chu-ka [nunchaku])) nunchaku sticks,
5 throwing stars, or other dangerous weapons to be used in martial arts
6 classes authorized to be conducted on the school premises.
7 (5) Subsection (1)(f)(i) of this section does not apply to any
8 person who possesses a device listed in subsection (1)(f)(i) of this
9 section, if the device is possessed and used solely for the purpose
10 approved by a school for use in a school authorized event, lecture,
11 or activity conducted on the school premises.
12 (6) Except as provided in subsection (3)(b), (c), (f), and (h) of
13 this section, firearms are not permitted in a public or private
14 school building.
15 (7) "GUN-FREE ZONE" signs shall be posted around school
16 facilities giving warning of the prohibition of the possession of
17 firearms on school grounds.
18 (8) A school district board of directors must post signs
19 providing notice of the restrictions on possession of firearms and
20 other weapons under this section at facilities being used for
21 official meetings of the school district board of directors.
22 Sec. 3. RCW 9.41.282 and 2020 c 189 s 1 are each amended to read
23 as follows:
24 (1) It is unlawful for a person to carry onto, or to possess on,
25 licensed child care center premises, child care center-provided
26 transportation, or areas of facilities while being used exclusively
27 by a child care center:
28 (a) Any firearm;
29 (b) Any other dangerous weapon as described in RCW 9.41.250;
30 (c) Any air gun, including any air pistol or air rifle, designed
31 to propel a BB, pellet, or other projectile by the discharge of
32 compressed air, carbon dioxide, or other gas; ((or))
33 (d)(i) Any portable device manufactured to function as a weapon
34 and which is commonly known as a stun gun, including a projectile
35 stun gun that projects wired probes that are attached to the device
36 that emit an electrical charge designed to administer to a person or
37 an animal an electric shock, charge, or impulse; or
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 1 (ii) Any device, object, or instrument that is used or intended
2 to be used as a weapon with the intent to injure a person by an
3 electric shock, charge, or impulse; or
4 (e) Any spring blade knife as defined in RCW 9.41.250.
5 (2) A person who violates subsection (1) of this section is
6 guilty of a gross misdemeanor. If a person is convicted of a
7 violation of subsection (1)(a) of this section, the person shall have
8 his or her concealed pistol license, if any, revoked for a period of
9 three years. Anyone convicted under subsection (1)(a) of this section
10 is prohibited from applying for a concealed pistol license for a
11 period of three years from the date of conviction. The court shall
12 order the person to immediately surrender any concealed pistol
13 license, and within three business days notify the department of
14 licensing in writing of the required revocation of any concealed
15 pistol license held by the person. Upon receipt of the notification
16 by the court, the department of licensing shall determine if the
17 person has a concealed pistol license. If the person does have a
18 concealed pistol license, the department of licensing shall
19 immediately notify the license-issuing authority which, upon receipt
20 of the notification, shall immediately revoke the license.
21 (3) Subsection (1) of this section does not apply to:
22 (a) Family day care provider homes as defined in RCW 43.216.010;
23 (b) Any person in possession of a pistol who has been issued a
24 license under RCW 9.41.070, or is exempt from the licensing
25 requirement by RCW 9.41.060, while picking up or dropping off a child
26 at the child care center;
27 (c) Any person at least ((eighteen)) 18 years of age legally in
28 possession of a firearm or dangerous weapon that is secured within an
29 attended vehicle or concealed from view within a locked unattended
30 vehicle while conducting legitimate business at the child care
31 center; or
32 (d) Any law enforcement officer of a federal, state, or local
33 government agency.
34 (4) Child care centers must post "GUN-FREE ZONE" signs giving
35 warning of the prohibition of the possession of firearms on center
36 premises.
37 (5) A child care center that is located on public or private
38 elementary or secondary school premises is subject to the
39 requirements of RCW 9.41.280.
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1 (6) For the purposes of this section, child care center has the
2 same meaning as "child day care center" as defined in RCW 43.216.010.
3 Sec. 4. RCW 9.41.300 and 2021 c 261 s 1 and 2021 c 215 s 96 are
4 each reenacted and amended to read as follows:
5 (1) It is unlawful for any person to enter the following places
6 when he or she knowingly possesses or knowingly has under his or her
7 control a weapon:
8 (a) The restricted access areas of a jail, or of a law
9 enforcement facility, or any place used for the confinement of a
10 person (i) arrested for, charged with, or convicted of an offense,
11 (ii) held for extradition or as a material witness, or (iii)
12 otherwise confined pursuant to an order of a court, except an order
13 under chapter 13.32A or 13.34 RCW. Restricted access areas do not
14 include common areas of egress or ingress open to the general public;
15 (b) Those areas in any building which are used in connection with
16 court proceedings, including courtrooms, jury rooms, judge's
17 chambers, offices and areas used to conduct court business, waiting
18 areas, and corridors adjacent to areas used in connection with court
19 proceedings. The restricted areas do not include common areas of
20 ingress and egress to the building that is used in connection with
21 court proceedings, when it is possible to protect court areas without
22 restricting ingress and egress to the building. The restricted areas
23 shall be the minimum necessary to fulfill the objective of this
24 subsection (1)(b).
25 For purposes of this subsection (1)(b), "weapon" means any
26 firearm, explosive as defined in RCW 70.74.010, or any weapon of the
27 kind usually known as slungshot, sand club, or metal knuckles, or any
28 knife, dagger, dirk, or other similar weapon that is capable of
29 causing death or bodily injury and is commonly used with the intent
30 to cause death or bodily injury.
31 In addition, the local legislative authority shall provide either
32 a stationary locked box sufficient in size for pistols and key to a
33 weapon owner for weapon storage, or shall designate an official to
34 receive weapons for safekeeping, during the owner's visit to
35 restricted areas of the building. The locked box or designated
36 official shall be located within the same building used in connection
37 with court proceedings. The local legislative authority shall be
38 liable for any negligence causing damage to or loss of a weapon
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 1 either placed in a locked box or left with an official during the
2 owner's visit to restricted areas of the building.
3 The local judicial authority shall designate and clearly mark
4 those areas where weapons are prohibited, and shall post notices at
5 each entrance to the building of the prohibition against weapons in
6 the restricted areas;
7 (c) The restricted access areas of a public mental health
8 facility licensed or certified by the department of health for
9 inpatient hospital care and state institutions for the care of the
10 mentally ill, excluding those facilities solely for evaluation and
11 treatment. Restricted access areas do not include common areas of
12 egress and ingress open to the general public;
13 (d) That portion of an establishment classified by the state
14 liquor and cannabis board as off-limits to persons under 21 years of
15 age; or
16 (e) The restricted access areas of a commercial service airport
17 designated in the airport security plan approved by the federal
18 transportation security administration, including passenger screening
19 checkpoints at or beyond the point at which a passenger initiates the
20 scr