Spring blade knives

AN ACT Relating to spring blade knives; amending RCW 9.41.250, 1
9.41.280, 9.41.282, 9.41.300, 10.31.100, and 43.216.760; repealing 2
RCW 9.41.251; prescribing penalties; and providing an effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.41.250 and 2012 c 179 s 1 are each amended to read 5
as follows: 6
(1) Every person who: 7
(a) Manufactures, sells, or disposes of or possesses any 8
instrument or weapon of the kind usually known as slung shot, sand 9
club, or metal knuckles((, or spring blade knife));10
(b) Furtively carries with intent to conceal any dagger, dirk, 11
pistol, or other dangerous weapon; or 12
(c) Uses any contrivance or device for suppressing the noise of 13
any firearm unless the suppressor is legally registered and possessed 14
in accordance with federal law, 15
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.16
(2) "Spring blade knife" means any knife, including a prototype, 17
model, or other sample, with a blade that is automatically released 18
by a spring mechanism or other mechanical device, or any knife having 19
a blade which opens, or falls, or is ejected into position by the 20
force of gravity, or by an outward, downward, or centrifugal thrust 21
S-0140.1
SENATE BILL 5534
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato and Nobles
Read first time 01/28/25. Referred to Committee on Law & Justice.
p. 1 SB 5534
or movement. A knife that contains a spring, detent, or other 1
mechanism designed to create a bias toward closure of the blade and 2
that requires physical exertion applied to the blade by hand, wrist, 3
or arm to overcome the bias toward closure to assist in opening the 4
knife is not a spring blade knife. A spring blade knife is not a 5
dangerous weapon under this section.6
Sec. 2. RCW 9.41.280 and 2023 c 470 s 3004 are each amended to 7
read as follows: 8
(1) It is unlawful for a person to knowingly carry onto, or to 9
possess on, public or private elementary or secondary school 10
premises, school-provided transportation, areas of facilities while 11
being used exclusively by public or private schools, or areas of 12
facilities while being used for official meetings of a school 13
district board of directors: 14
(a) Any firearm; 15
(b) Any other dangerous weapon as defined in RCW 9.41.250;16
(c) Any device commonly known as " ((nun-chu-ka [nunchaku] )) 17
nunchaku sticks," consisting of two or more lengths of wood, metal, 18
plastic, or similar substance connected with wire, rope, or other 19
means; 20
(d) Any device, commonly known as "throwing stars," which are 21
multipointed, metal objects designed to embed upon impact from any 22
aspect; 23
(e) Any air gun, including any air pistol or air rifle, designed 24
to propel a BB, pellet, or other projectile by the discharge of 25
compressed air, carbon dioxide, or other gas; ((or))26
(f)(i) Any portable device manufactured to function as a weapon 27
and which is commonly known as a stun gun, including a projectile 28
stun gun which projects wired probes that are attached to the device 29
that emit an electrical charge designed to administer to a person or 30
an animal an electric shock, charge, or impulse; or31
(ii) Any device, object, or instrument which is used or intended 32
to be used as a weapon with the intent to injure a person by an 33
electric shock, charge, or impulse; or34
(g) Any spring blade knife as defined in RCW 9.41.250.35
(2)(a) Any such person violating subsection (1) of this section 36
is guilty of a misdemeanor. 37
(b) Second and subsequent violations of subsection (1) of this 38
section are a gross misdemeanor. 39
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(c) If any person is convicted of a violation of subsection 1
(1)(a) of this section, the person shall have his or her concealed 2
pistol license, if any revoked for a period of three years. Anyone 3
convicted under this subsection is prohibited from applying for a 4
concealed pistol license for a period of three years. The court shall 5
send notice of the revocation to the department of licensing, and the 6
city, town, or county which issued the license. 7
Any violation of subsection (1) of this section by elementary or 8
secondary school students constitutes grounds for expulsion from the 9
state's public schools in accordance with RCW 28A.600.010. An 10
appropriate school authority shall promptly notify law enforcement 11
and the student's parent or guardian regarding any allegation or 12
indication of such violation. 13
Upon the arrest of a person at least ((twelve)) 12 years of age 14
and not more than ((twenty-one)) 21 years of age for violating 15
subsection (1)(a) of this section, the person shall be detained or 16
confined in a juvenile or adult facility for up to ((seventy-two)) 72 17
hours. The person shall not be released within the ((seventy-two)) 72 18
hours until after the person has been examined and evaluated by the 19
designated crisis responder unless the court in its discretion 20
releases the person sooner after a determination regarding probable 21
cause or on probation bond or bail. 22
Within ((twenty-four)) 24 hours of the arrest, the arresting law 23
enforcement agency shall refer the person to the designated crisis 24
responder for examination and evaluation under chapter 71.05 or 71.34 25
RCW and inform a parent or guardian of the person of the arrest, 26
detention, and examination. The designated crisis responder shall 27
examine and evaluate the person subject to the provisions of chapter 28
71.05 or 71.34 RCW. The examination shall occur at the facility in 29
which the person is detained or confined. If the person has been 30
released on probation, bond, or bail, the examination shall occur 31
wherever is appropriate. 32
Upon completion of any examination by the designated crisis 33
responder, the results of the examination shall be sent to the court, 34
and the court shall consider those results in making any 35
determination about the person. 36
The designated crisis responder shall, to the extent permitted by 37
law, notify a parent or guardian of the person that an examination 38
and evaluation has taken place and the results of the examination. 39
Nothing in this subsection prohibits the delivery of additional, 40
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appropriate mental health examinations to the person while the person 1
is detained or confined. 2
If the designated crisis responder determines it is appropriate, 3
the designated crisis responder may refer the person to the local 4
behavioral health administrative services organization for follow-up 5
services or the health care authority or other community providers 6
for other services to the family and individual. 7
(3) Subsection (1) of this section does not apply to:8
(a) Any student or employee of a private military academy when on 9
the property of the academy; 10
(b) Any person engaged in military, law enforcement, or school 11
district security activities. However, a person who is not a 12
commissioned law enforcement officer and who provides school security 13
services under the direction of a school administrator may not 14
possess a device listed in subsection (1)(f) of this section unless 15
he or she has successfully completed training in the use of such 16
devices that is equivalent to the training received by commissioned 17
law enforcement officers; 18
(c) Any person who is involved in a convention, showing, 19
demonstration, lecture, or firearms safety course authorized by 20
school authorities in which the firearms of collectors or instructors 21
are handled or displayed; 22
(d) Any person while the person is participating in a firearms or 23
air gun competition approved by the school or school district;24
(e) Any person in possession of a pistol who has been issued a 25
license under RCW 9.41.070, or is exempt from the licensing 26
requirement by RCW 9.41.060, while: 27
(i) Picking up or dropping off a student; or 28
(ii) Attending official meetings of a school district board of 29
directors held off school district-owned or leased property;30
(f) Any nonstudent at least ((eighteen)) 18 years of age legally 31
in possession of a firearm or dangerous weapon that is secured within 32
an attended vehicle or concealed from view within a locked unattended 33
vehicle while conducting legitimate business at the school;34
(g) Any nonstudent at least ((eighteen)) 18 years of age who is 35
in lawful possession of an unloaded firearm, secured in a vehicle 36
while conducting legitimate business at the school; or37
(h) Any law enforcement officer of the federal, state, or local 38
government agency. 39
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(4) Subsections (1)(c) and (d) of this section do not apply to 1
any person who possesses ((nun-chu-ka [nunchaku] )) nunchaku sticks, 2
throwing stars, or other dangerous weapons to be used in martial arts 3
classes authorized to be conducted on the school premises.4
(5) Subsection (1)(f)(i) of this section does not apply to any 5
person who possesses a device listed in subsection (1)(f)(i) of this 6
section, if the device is possessed and used solely for the purpose 7
approved by a school for use in a school authorized event, lecture, 8
or activity conducted on the school premises. 9
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of 10
this section, firearms are not permitted in a public or private 11
school building. 12
(7) "GUN-FREE ZONE" signs shall be posted around school 13
facilities giving warning of the prohibition of the possession of 14
firearms on school grounds. 15
(8) A school district board of directors must post signs 16
providing notice of the restrictions on possession of firearms and 17
other weapons under this section at facilities being used for 18
official meetings of the school district board of directors.19
Sec. 3. RCW 9.41.282 and 2020 c 189 s 1 are each amended to read 20
as follows: 21
(1) It is unlawful for a person to carry onto, or to possess on, 22
licensed child care center premises, child care center-provided 23
transportation, or areas of facilities while being used exclusively 24
by a child care center: 25
(a) Any firearm; 26
(b) Any other dangerous weapon as described in RCW 9.41.250;27
(c) Any air gun, including any air pistol or air rifle, designed 28
to propel a BB, pellet, or other projectile by the discharge of 29
compressed air, carbon dioxide, or other gas; ((or))30
(d)(i) Any portable device manufactured to function as a weapon 31
and which is commonly known as a stun gun, including a projectile 32
stun gun that projects wired probes that are attached to the device 33
that emit an electrical charge designed to administer to a person or 34
an animal an electric shock, charge, or impulse; or35
(ii) Any device, object, or instrument that is used or intended 36
to be used as a weapon with the intent to injure a person by an 37
electric shock, charge, or impulse; or38
(e) Any spring blade knife as defined in RCW 9.41.250.39
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(2) A person who violates subsection (1) of this section is 1
guilty of a gross misdemeanor. If a person is convicted of a 2
violation of subsection (1)(a) of this section, the person shall have 3
his or her concealed pistol license, if any, revoked for a period of 4
three years. Anyone convicted under subsection (1)(a) of this section 5
is prohibited from applying for a concealed pistol license for a 6
period of three years from the date of conviction. The court shall 7
order the person to immediately surrender any concealed pistol 8
license, and within three business days notify the department of 9
licensing in writing of the required revocation of any concealed 10
pistol license held by the person. Upon receipt of the notification 11
by the court, the department of licensing shall determine if the 12
person has a concealed pistol license. If the person does have a 13
concealed pistol license, the department of licensing shall 14
immediately notify the license-issuing authority which, upon receipt 15
of the notification, shall immediately revoke the license.16
(3) Subsection (1) of this section does not apply to:17
(a) Family day care provider homes as defined in RCW 43.216.010;18
(b) Any person in possession of a pistol who has been issued a 19
license under RCW 9.41.070, or is exempt from the licensing 20
requirement by RCW 9.41.060, while picking up or dropping off a child 21
at the child care center; 22
(c) Any person at least ((eighteen)) 18 years of age legally in 23
possession of a firearm or dangerous weapon that is secured within an 24
attended vehicle or concealed from view within a locked unattended 25
vehicle while conducting legitimate business at the child care 26
center; or 27
(d) Any law enforcement officer of a federal, state, or local 28
government agency. 29
(4) Child care centers must post "GUN-FREE ZONE" signs giving 30
warning of the prohibition of the possession of firearms on center 31
premises. 32
(5) A child care center that is located on public or private 33
elementary or secondary school premises is subject to the 34
requirements of RCW 9.41.280. 35
(6) For the purposes of this section, child care center has the 36
same meaning as "child day care center" as defined in RCW 43.216.010.37
Sec. 4. RCW 9.41.300 and 2024 c 285 s 1 are each amended to read 38
as follows: 39
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(1) It is unlawful for any person to enter the following places 1
when he or she knowingly possesses or knowingly has under his or her 2
control a weapon: 3
(a) The restricted access areas of a jail, or of a law 4
enforcement facility, or any place used for the confinement of a 5
person (i) arrested for, charged with, or convicted of an offense, 6
(ii) held for extradition or as a material witness, or (iii) 7
otherwise confined pursuant to an order of a court, except an order 8
under chapter 13.32A or 13.34 RCW. Restricted access areas do not 9
include common areas of egress or ingress open to the general public;10
(b) Those areas in any building which are used in connection with 11
court proceedings, including courtrooms, jury rooms, judge's 12
chambers, offices and areas used to conduct court business, waiting 13
areas, and corridors adjacent to areas used in connection with court 14
proceedings. The restricted areas do not include common areas of 15
ingress and egress to the building that is used in connection with 16
court proceedings, when it is possible to protect court areas without 17
restricting ingress and egress to the building. The restricted areas 18
shall be the minimum necessary to fulfill the objective of this 19
subsection (1)(b). 20
For purposes of this subsection (1)(b), "weapon" means any 21
firearm, explosive as defined in RCW 70.74.010, or any weapon of the 22
kind usually known as slungshot, sand club, or metal knuckles, or any 23
knife, dagger, dirk, or other similar weapon that is capable of 24
causing death or bodily injury and is commonly used with the intent 25
to cause death or bodily injury. 26
In addition, the local legislative authority shall provide either 27
a stationary locked box sufficient in size for pistols and key to a 28
weapon owner for weapon storage, or shall designate an official to 29
receive weapons for safekeeping, during the owner's visit to 30
restricted areas of the building. The locked box or designated 31
official shall be located within the same building used in connection 32
with court proceedings. The local legislative authority shall be 33
liable for any negligence causing damage to or loss of a weapon 34
either placed in a locked box or left with an official during the 35
owner's visit to restricted areas of the building.36
The local judicial authority shall designate and clearly mark 37
those areas where weapons are prohibited, and shall post notices at 38
each entrance to the building of the prohibition against weapons in 39
the restricted areas; 40
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(c) The restricted access areas of a public mental health 1
facility licensed or certified by the department of health for 2
inpatient hospital care and state institutions for the care of the 3
mentally ill, excluding those facilities solely for evaluation and 4
treatment. Restricted access areas do not include common areas of 5
egress and ingress open to the general public; 6
(d) That portion of an establishment classified by the state 7
liquor and cannabis board as off-limits to persons under 21 years of 8
age; 9
(e) The restricted access areas of a commercial service airport 10
designated in the airport security plan approved by the federal 11
transportation security administration, including passenger screening 12
checkpoints at or beyond the point at which a passenger initiates the 13
screening process. These areas do not include airport drives, general 14
parking areas and walkways, and shops and areas of the terminal that 15
are outside the screening checkpoints and that are normally open to 16
unscreened passengers or visitors to the airport. Any restricted 17
access area shall be clearly indicated by prominent signs indicating 18
that firearms and other weapons are prohibited in the area;19
(f) The premises of a library established or maintained pursuant 20
to the authority of chapter 27.12 RCW; 21
(g) The premises of a zoo or aquarium accredited or certified by 22
the association of zoos and aquariums or the zoological association 23
of America or a facility with a current signed memorandum of 24
participation with an association of zoos and aquariums species 25
survival plan; or 26
(h) The premises of a transit station or transit facility. For 27
purposes of this subsection, "transit station" and "transit facility" 28
have the same meaning as defined in RCW 9.91.025. "Transit station" 29
and "transit facility" do not include any "transit vehicle" as that 30
term is defined in RCW 9.91.025. 31
(2)(a) Except as provided in (c) of this subsection, it is 32
unlawful for any person to knowingly open carry a firearm or other 33
weapon while knowingly at any permitted demonstration. This 34
subsection (2)(a) applies whether the person carries the firearm or 35
other weapon on his or her person or in a vehicle.36
(b) It is unlawful for any person to knowingly open carry a 37
firearm or other weapon while knowingly within 250 feet of the 38
perimeter of a permitted demonstration after a duly authorized state 39
or local law enforcement officer advises the person of the permitted 40
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demonstration and directs the person to leave until he or she no 1
longer possesses or controls the firearm or other weapon. This 2
subsection (2)(b) does not apply to any person possessing or 3
controlling any firearm or other weapon on private property owned or 4
leased by that person. 5
(c) Duly authorized federal, state, and local law enforcement 6
officers and personnel are exempt from the provisions of this 7
subsection (2) when carrying a firearm or other weapon in conformance 8
with their employing agency's policy. Members of the armed forces of 9
the United States or the state of Washington are exempt from the 10
provisions of this subsection (2) when carrying a firearm or other 11
weapon in the discharge of official duty or traveling to or from 12
official duty. 13
(d) For purposes of this subsection, the following definitions 14
apply: 15
(i) "Permitted demonstration" means either: (A) A gathering for 16
which a permit has been issued by a federal agency, state agency, or 17
local government; or (B) a gathering of 15 or more people who are 18
assembled for a single event at a public place that has been declared 19
as permitted by the chief executive, sheriff, or chief of police of a 20
local government in which the gathering occurs. A "gathering" means a 21
demonstration, march, rally, vigil, sit-in, protest, picketing, or 22
similar public assembly. 23
(ii) "Public place" means any site accessible to the general 24
public for business, entertainment, or another lawful purpose. A 25
"public place" includes, but is not limited to, the front, immediate 26
area, or parking lot of any store, shop, restaurant, tavern, shopping 27
center, or other place of business; any public building, its grounds, 28
or surrounding area; or any public parking lot, street, right-of-way, 29
sidewalk, public park, or other public grounds. 30
(iii) "Weapon" has the same meaning given in subsection (1)(b) of 31
this section. 32
(e) Nothing in this subsection applies to the lawful concealed 33
carry of a firearm by a person who has a valid concealed pistol 34
license. 35
(3) Cities, towns, counties, and other municipalities may enact 36
laws and ordinances: 37
(a) Restricting the discharge of firearms in any portion of their 38
respective jurisdictions where there is a reasonable likelihood that 39
humans, domestic animals, or property will be jeopardized. Such laws 40
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and ordinances shall not abridge the right of the individual 1
guaranteed by Article I, section 24 of the state Constitution to bear 2
arms in defense of self or others; and 3
(b) Restricting the possession of firearms in any stadium or 4
convention center, operated by a city, town, county, or other 5
municipality, except that such restrictions shall not apply to:6
(i) Any pistol in the possession of a person licensed under RCW 7
9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or8
(ii) Any showing, demonstration, or lecture involving the 9
exhibition of firearms. 10
(4)(a) Cities, towns, and counties may enact ordinances 11
restricting the areas in their respective jurisdictions in which 12
firearms may be sold, but, except as provided in (b) of this 13
subsection, a business selling firearms may not be treated more 14
restrictively than other businesses located within the same zone. An 15
ordinance requiring the cessation of business within a zone shall not 16
have a shorter grandfather period for businesses selling firearms 17
than for any other businesses within the zone. 18
(b) Cities, towns, and counties may restrict the location of a 19
business selling firearms to not less than 500 feet from primary or 20
secondary school grounds, if the business has a storefront, has hours 21
during which it is open for business, and posts advertisements or 22
signs observable to passersby that firearms are available for sale. A 23
business selling firearms that exists as of the date a restriction is 24
enacted under this subsection (4)(b) shall be grandfathered according 25
to existing law. 26
(5) Violations of local ordinances adopted under subsection (3) 27
of this section must have the same penalty as provided for by state 28
law. 29
(6) The perimeter of the premises of any specific location 30
covered by subsection (1) of this section shall be posted at 31
reasonable intervals to alert the public as to the existence of any 32
law restricting the possession of firearms on the premises.33
(7) Subsection (1) of this section does not apply to:34
(a) A person engaged in military activities sponsored by the 35
federal or state governments, while engaged in official duties;36
(b) Law enforcement personnel, except that subsection (1)(b) of 37
this section does apply to a law enforcement officer who is present 38
at a courthouse building as a party to an antiharassment protection 39
order action or a domestic violence protection order action under 40
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chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any 1
party has alleged the existence of domestic violence as defined in 2
RCW 7.105.010; or 3
(c) Security personnel while engaged in official duties.4
(8) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) of this 5
section does not apply to correctional personnel or community 6
corrections officers, as long as they are employed as such, who have 7
completed government-sponsored law enforcement firearms training, 8
except that subsection (1)(b) of this section does apply to a 9
correctional employee or community corrections officer who is present 10
at a courthouse building as a party to an antiharassment protection 11
order action or a domestic violence protection order action under 12
chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any 13
party has alleged the existence of domestic violence as defined in 14
RCW 7.105.010. 15
(9) Subsection (1)(a) of this section does not apply to a person 16
licensed pursuant to RCW 9.41.070 who, upon entering the place or 17
facility, directly and promptly proceeds to the administrator of the 18
facility or the administrator's designee and obtains written 19
permission to possess the firearm while on the premises or checks his 20
or her firearm. The person may reclaim the firearms upon leaving but 21
must immediately and directly depart from the place or facility.22
(10) Subsection (1)(c) of this section does not apply to any 23
administrator or employee of the facility or to any person who, upon 24
entering the place or facility, directly and promptly proceeds to the 25
administrator of the facility or the administrator's designee and 26
obtains written permission to possess the firearm while on the 27
premises. 28
(11) Subsection (1)(d) of this section does not apply to the 29
proprietor of the premises or his or her employees while engaged in 30
their employment. 31
(12) Subsection (1)(g) of this section does not apply to 32
employees of a zoo, aquarium, or animal sanctuary, while engaged in 33
their employment if the weapon is owned by the zoo, aquarium, or 34
animal sanctuary and maintained for the purpose of protecting its 35
employees, animals, or the visiting public. 36
(13) Subsection (1)(f), (g), and (h) of this section does not 37
apply to the activities of color guards and honor guards affiliated 38
with the United States military, Washington state national guard, or 39
Washington department of veterans' affairs related to burial or 40
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interment ceremonies including, but not limited to, any staging and 1
logistical requirements of the color guard or honor guard.2
(14) Subsection (1)(f), (g), and (h) of this section does not 3
apply to a person licensed to carry a concealed firearm pursuant to 4
RCW 9.41.070. 5
(15) Government-sponsored law enforcement firearms training must 6
be training that correctional personnel and community corrections 7
officers receive as part of their job requirement and reference to 8
such training does not constitute a mandate that it be provided by 9
the correctional facility. 10
(16) Any person violating subsection (1) or (2) of this section 11
is guilty of a gross misdemeanor. 12
(17) "Weapon" as used in this section means any firearm, 13
explosive as defined in RCW 70.74.010, spring blade knife as defined 14
in RCW 9.41.250, or instrument or weapon listed in RCW 9.41.250.15
NEW SECTION. Sec. 5. RCW 9.41.251 (Dangerous weapons — 16
Application of restrictions to law enforcement, firefighting, rescue, 17
and military personnel) and 2012 c 179 s 2 are each repealed.18
Sec. 6. RCW 10.31.100 and 2023 c 462 s 702 are each amended to 19
read as follows: 20
A police officer having probable cause to believe that a person 21
has committed or is committing a felony shall have the authority to 22
arrest the person without a warrant. A police officer may arrest a 23
person without a warrant for committing a misdemeanor or gross 24
misdemeanor only when the offense is committed in the presence of an 25
officer, except as provided in subsections (1) through (11) of this 26
section. 27
(1) Any police officer having probable cause to believe that a 28
person has committed or is committing a misdemeanor or gross 29
misdemeanor, involving physical harm or threats of harm to any person 30
or property or the unlawful taking of property or involving the use 31
or possession of cannabis, or involving the acquisition, possession, 32
or consumption of alcohol by a person under the age of ((twenty-one)) 33
21 years under RCW 66.44.270, or involving criminal trespass under 34
RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the 35
person. 36
(2) A police officer shall arrest and take into custody, pending 37
release on bail, personal recognizance, or court order, a person 38
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without a warrant when the officer has probable cause to believe 1
that: 2
(a) A domestic violence protection order, a sexual assault 3
protection order, a stalking protection order, or a vulnerable adult 4
protection order has been issued, of which the person has knowledge, 5
under chapter 7.105 RCW, or an order has been issued, of which the 6
person has knowledge, under RCW 26.44.063, or chapter 9A.40, 9A.46, 7
9A.88, 10.99, 26.09, 26.26A, 26.26B, or 74.34 RCW, or any of the 8
former chapters 7.90, 7.92, and 26.50 RCW, restraining the person and 9
the person has violated the terms of the order restraining the person 10
from acts or threats of violence, or restraining the person from 11
going onto the grounds of, or entering, a residence, workplace, 12
school, or day care, or prohibiting the person from knowingly coming 13
within, or knowingly remaining within, a specified distance of a 14
location, a protected party's person, or a protected party's vehicle, 15
or requiring the person to submit to electronic monitoring, or, in 16
the case of an order issued under RCW 26.44.063, imposing any other 17
restrictions or conditions upon the person; 18
(b) An extreme risk protection order has been issued against the 19
person under chapter 7.105 RCW or former RCW 7.94.040, the person has 20
knowledge of the order, and the person has violated the terms of the 21
order prohibiting the person from having in the person's custody or 22
control, purchasing, possessing, accessing, or receiving a firearm or 23
concealed pistol license; 24
(c) A foreign protection order, as defined in RCW 26.52.010, or a 25
Canadian domestic violence protection order, as defined in RCW 26
26.55.010, has been issued of which the person under restraint has 27
knowledge and the person under restraint has violated a provision of 28
the foreign protection order or the Canadian domestic violence 29
protection order prohibiting the person under restraint from 30
contacting or communicating with another person, or excluding the 31
person under restraint from a residence, workplace, school, or day 32
care, or prohibiting the person from knowingly coming within, or 33
knowingly remaining within, a specified distance of a location, a 34
protected party's person, or a protected party's vehicle, or a 35
violation of any provision for which the foreign protection order or 36
the Canadian domestic violence protection order specifically 37
indicates that a violation will be a crime; or 38
(d) The person is ((eighteen)) 18 years or older and within the 39
preceding four hours has assaulted a family or household member or 40
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intimate partner as defined in RCW 10.99.020 and the officer 1
believes: (i) A felonious assault has occurred; (ii) an assault has 2
occurred which has resulted in bodily injury to the victim, whether 3
the injury is observable by the responding officer or not; or (iii) 4
that any physical action has occurred which was intended to cause 5
another person reasonably to fear imminent serious bodily injury or 6
death. Bodily injury means physical pain, illness, or an impairment 7
of physical condition. When the officer has probable cause to believe 8
that family or household members or intimate partners have assaulted 9
each other, the officer is not required to arrest both persons. The 10
officer shall arrest the person whom the officer believes to be the 11
primary aggressor. In making this determination, the officer shall 12
make every reasonable effort to consider: (A) The intent to protect 13
victims of domestic violence under RCW 10.99.010; (B) the comparative 14
extent of injuries inflicted or serious threats creating fear of 15
physical injury; and (C) the history of domestic violence of each 16
person involved, including whether the conduct was part of an ongoing 17
pattern of abuse. 18
(3) Any police officer having probable cause to believe that a 19
person has committed or is committing a violation of any of the 20
following traffic laws shall have the authority to arrest the person:21
(a) RCW 46.52.010, relating to duty on striking an unattended car 22
or other property; 23
(b) RCW 46.52.020, relating to duty in case of injury to, or 24
death of, a person or damage to an attended vehicle;25
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or 26
racing of vehicles; 27
(d) RCW 46.61.502 or 46.61.504, relating to persons under the 28
influence of intoxicating liquor or drugs; 29
(e) RCW 46.61.503 or 46.25.110, relating to persons having 30
alcohol or THC in their system; 31
(f) RCW 46.20.342, relating to driving a motor vehicle while 32
operator's license is suspended or revoked; 33
(g) RCW 46.61.5249, relating to operating a motor vehicle in a 34
negligent manner. 35
(4) A law enforcement officer investigating at the scene of a 36
motor vehicle accident may arrest the driver of a motor vehicle 37
involved in the accident if the officer has probable cause to believe 38
that the driver has committed, in connection with the accident, a 39
violation of any traffic law or regulation. 40
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(5)(a) A law enforcement officer investigating at the scene of a 1
motor vessel accident may arrest the operator of a motor vessel 2
involved in the accident if the officer has probable cause to believe 3
that the operator has committed, in connection with the accident, a 4
criminal violation of chapter 79A.60 RCW. 5
(b) A law enforcement officer investigating at the scene of a 6
motor vessel accident may issue a citation for an infraction to the 7
operator of a motor vessel involved in the accident if the officer 8
has probable cause to believe that the operator has committed, in 9
connection with the accident, a violation of any boating safety law 10
of chapter 79A.60 RCW. 11
(6) Any police officer having probable cause to believe that a 12
person has committed or is committing a violation of RCW 79A.60.040 13
shall have the authority to arrest the person. 14
(7) An officer may act upon the request of a law enforcement 15
officer, in whose presence a traffic infraction was committed, to 16
stop, detain, arrest, or issue a notice of traffic infraction to the 17
driver who is believed to have committed the infraction. The request 18
by the witnessing officer shall give an officer the authority to take 19
appropriate action under the laws of the state of Washington.20
(8) Any police officer having probable cause to believe that a 21
person has committed or is committing any act of indecent exposure, 22
as defined in RCW 9A.88.010, may arrest the person.23
(9) A police officer may arrest and take into custody, pending 24
release on bail, personal recognizance, or court order, a person 25
without a warrant when the officer has probable cause to believe that 26
an antiharassment protection order has been issued of which the 27
person has knowledge under chapter 7.105 RCW or former chapter 10.14 28
RCW and the person has violated the terms of that order.29
(10) Any police officer having probable cause to believe that a 30
person has, within ((twenty-four)) 24 hours of the alleged violation, 31
committed a violation of RCW 9A.50.020 may arrest such person.32
(11) A police officer having probable cause to believe that a 33
person illegally possesses or illegally has possessed a firearm or 34
other dangerous weapon on private or public elementary or secondary 35
school premises shall have the authority to arrest the person.36
For purposes of this subsection, the term "firearm" has the 37
meaning defined in RCW 9.41.010 and the term "dangerous weapon" has 38
the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through 39
(((e))) (g). 40
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(12) A law enforcement officer having probable cause to believe 1
that a person has committed a violation under RCW 77.15.160(5) may 2
issue a citation for an infraction to the person in connection with 3
the violation. 4
(13) A law enforcement officer having probable cause to believe 5
that a person has committed a criminal violation under RCW 77.15.809 6
or 77.15.811 may arrest the person in connection with the violation.7
(14) Except as specifically provided in subsections (2), (3), 8
(4), and (7) of this section, nothing in this section extends or 9
otherwise affects the powers of arrest prescribed in Title 46 RCW.10
(15) No police officer may be held criminally or civilly liable 11
for making an arrest pursuant to subsection (2) or (9) of this 12
section if the police officer acts in good faith and without malice.13
(16)(a) Except as provided in (b) of this subsection, a police 14
officer shall arrest and keep in custody, until release by a judicial 15
officer on bail, personal recognizance, or court order, a person 16
without a warrant when the officer has probable cause to believe that 17
the person has violated RCW 46.61.502 or 46.61.504 or an equivalent 18
local ordinance and the police officer: (i) Has knowledge that the 19
person has a prior offense as defined in RCW 46.61.5055 within 20
((ten)) 10 years; or (ii) has knowledge, based on a review of the 21
information available to the officer at the time of arrest, that the 22
person is charged with or is awaiting arraignment for an offense that 23
would qualify as a prior offense as defined in RCW 46.61.5055 if it 24
were a conviction. 25
(b) A police officer is not required to keep in custody a person 26
under (a) of this subsection if the person requires immediate medical 27
attention and is admitted to a hospital. 28
Sec. 7. RCW 43.216.760 and 2020 c 189 s 2 are each amended to 29
read as follows: 30
(1) Every child day care center and early childhood education and 31
assistance program provider is subject to RCW 9.41.282.32
(2)(a) A family day care provider must store any firearm, 33
ammunition, or other dangerous weapon as described in RCW 9.41.250, 34
including without limitation any spring blade knife as defined in RCW 35
9.41.250, in a secure area when children for whom the family day care 36
provider is licensed to provide care are present on the premises.37
(b) The secure area must be inaccessible to children and must 38
consist of a locked gun safe or a locked room. If stored in a locked 39
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room, each firearm must be stored unloaded and with a trigger lock or 1
other disabling feature. 2
(3) The department may deny, suspend, revoke, modify or not renew 3
the license of a child care provider in violation of this section.4
NEW SECTION. Sec. 8. This act takes effect July 1, 2025.5
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