HomeMy WebLinkAboutOrd 1301 - Firearm Permits and Forfeiture of Firearms r
CITY OF TUK WILA
WASHINGTON I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NO. 597, SECTION 2 (1969),
AND ORDINANCE NO. 1226, SECTION 5 (1981) RE-
LATING TO CONCEALED PISTOL PERMITS AND FOR-
FEITURE OF PISTOLS AND DECLARING AN EMERGENCY
WHEREAS, the Washington State Legislature has enacted new
laws pertaining to firearms during the Forty- Eighth Legislature, 1983
Regular Session, Chapter 232 (Substitute Senate Bill No. 3782), and
such legislation requires the immediate amendment of corresponding
Tukwila Ordinances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Tukwila Municipal Code Section 8.12.120 (Ordi-
nance 597, Section 2, 1969) is amended in its entirety, except as to
the title, as follows:
8.12.120 Concealed Pistol License Issuance.
Upep- feee4pt- of saEb app eat }ep apd- aftef- 4pyest }gat4ep of tbe
4efef�at4ep- stated- tbefe4p- apd saeb- etbef- 4eyest }gat4ep -as- the -6b4ef
ef- Re} 4se- f4pds- fease�aab} eeeessafy- te- ef feetaate- tbe- pefpese -ef;
apd- detef�4ee- ee�p }4aeEe- w4tb;- tb4s- seet4ee;
Seet4en- 87}2 7} }A- and- RGW- 6baptef- 9:4 the -6b4ef
ef- Re} 4ee- sba w4tb4p- tb��t�+- da,�s- after- tbe- f }pg -ef- saeb app
eat4ee- 4ssae- a-} 4eepse- te- seeb- pefsee- te- eaffy -a- poste eepEea }ed ep
b4s- pefsep- fef- tbe- pafpeses- ef- pfeteet4ep- ef- wb }e- engaged- 4e- bas
speft- ef- wb }e- tfaye }pg- w4tf�4p -tM4s- state -fef- saeb- pef4ed- of t 4 �e pet
�efe- tbae- epe- ,�ea�- as- sba be- �eqa }s }te- fey- tbe- pawpese- fey -wb }Eb seeb
}eepse- 4s- 4ssaed;- pfey4ded- that- tMe- 6b4ef- ef- Re }4ee- shy pet 4 ssee a
}4eepse- te- amy- pefsefl -whe- the- Ch4ef- ef- Re}4ee- feasonab }y -be} }eyes=
}s_4pe }4g4b }e -te- ewe- ef- pessess- a- f4feaf�- bedef -tbe
efd4�aaeees- of -tbe- 64th+ ef- tbe- }aws -ef- the State;- ef- ef- tbe Up }ted States;
{24 Has fade- amy- fa }se- statefent- ef- faet -4e- saeb -app} }eat }ep•,
Has- fa }ed -te- state -4e -saeb- app} }eat4ee- saff4e4eet
faets- ey4deee4�g -tgat- seeb-} 4ee�se- 4s- 4e- faet- seagbt- fef tbe pafpeses ef
pfeteet4ep- ef- wb }e- engaged-}p- bas} pess speft- ef- wb }e- tfaye ef
44-- Wea} d 6y- feasem- ef- phys }ea}- d4sa64}}ty3- defeet -ef
4peapae4t�+ ef- etbefw4se;- 4p- tbe- eaff�+4pg -ef- saeb poste eepst tote a
sabstaet4a dapgef- te- tbe- pab }4e- safet�+-
(1) The Chief of Police shall, within 30 days after the filing
of an application of any person, issue a license for such person to carry
a pistol concealed on his person within the State for four years from date
of issue, for the purposes of protection or while engaged in business, sport
or while traveling. However, if the applicant does not have a valid per-
manent Washington Driver's License or Washington State Identification Card
or has not been a resident of the State for the previous consecutive 90 days,
the Chief of Police shall have up to 60 days after the filing of the
application to issue a license. Such citizens' constitutional right to
bear arms shall not be denied to him, unless he:
(a) Is ineligible to own a pistol under the provisions of
RCW 9.41.040; or
(b) Is under twenty -one years of age; or
(c) Is subject to a court order or injunction regarding
firearms pursuant to RCW 10.99.040 10.99.045, or 26.09.060; or
(d) Is free on bond or personal recognizance pending trial,
appeal or sentencing for a crime of violence; or
(e) Has an outstanding warrant for his /her arrest from any
court of competent jurisdiction for a felony or misdemeanor.
The license shall be revoked immediately upon conviction
of a crime which makes such a person ineligible to own a pistol or upon
the third conviction for a violation of Chapter RCW 9.41 or this chapter
within five calendar years. The license shall be in triplicate, in form
to be prescribed by the State Department of Licensing, and shall bear the
name, address, and description, fingerprints and signature of the licensee,
and the licensee's driver's license number or a state identification card
number used for identification in applying for the license. The original
thereof shall be delivered to the licensee, the duplicate shall within
seven days be sent by registered mail to the Director of Licensing, and
the triplicate shall be preserved for six years by the Chief of Police.
(2) The fee for the original issuance of a four -year license
shall be $20; provided, that no other additional charges by any branch
or unit of government shall be borne by the applicant for the issuance
of the license; provided, further, that the fee shall be distributed as
follows:
(a) Four 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) Twelve dollars shall be paid to the City of Tukwila
for the purpose of enforcing this Chapter.
(3) The fee for the renewal of such license shall be $12.00:
provided, that no other additional charges by any branch or unit of
government shall be borne by the application for the renewal of the
license; provided, further that the fee shall be distributed as follows:
(a) Four dollars shall be paid to the State General Fund;
(b) Eight dollars shall be paid to the City of Tukwila
for the purpose of enforcing this Chapter.
(4) A licensee may renew a license if the licensee applies for
renewal within 90 days before or after the expiration date of the license.
A license so renewed shall take effect on the expiration date of the prior
license. A licensee renewing after the expiration date of the license must
pay a late renewal penalty of $10 in addition to the renewal fee specified
in subsection (3) of this section.
(5) Notwithstanding the requirements of subsections (1) through
(4) of this Section, the Chief of Police may issue a temporary emergency
license to an applicant residing within Tukwila for a good cause pending
review under subsection (1) of this Section.
Section 2. TMC 8.14.050 (Ordinance 1226, Section 5, 1981) is
amended as follows:
TMC 8.14.050. Confiscation of Weapon. Upon conviction,
the weapon or instrument involved may be confiscated by order of the
King County Superior Court or the Tukwila Municipal Court,-pt"csi4jadge and shall
thereafter be deposed of in accordance with statute or ordinances governing
the disposal of confiscated or found property.
The King County Superior Court or the Tukwila Municipal
Court may order forfeiture of a pistol or firearm under any of the condi-
tions set forth in Section 6 of Chapter 232, Washington Laws, Forty- Eighth
Legislature, 1983 Regular Session.
Section 3. The adoption of this ordinance is an emergency
necessary for the protection of public safety and the public peace.
PASSED BY THE CITY COUNCIL OF THE CITY TWILA, WASHINGTON,
at a regular meeting thereof this 312® day of 1983.
1 /A-4-- 4 -e- 0
Approved as to Form
4.,4 c.:t-a
City Daniel Woo
leap
ATTEST:
.J. Harr ts, Mayor Pro Tem
CIierk
Published Record Chronicle October 7, 1983