SB 5962

S-3730.1
  SENATE BILL 5962
State of Washington  69th Legislature       2026 Regular Session
By Senators Nobles, Fortunato, Chapman, and Wellman
Prefiled 01/05/26.    Read first time 01/12/26.   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, 9.41.300, 10.31.100, and 43.216.760; repealing
3  RCW 9.41.251; prescribing penalties; and providing an effective date.
4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5     Sec. 1. RCW 9.41.250 and 2012 c 179 s 1 are each amended to read
6 as follows:
7     (1) Every person who:
8     (a) Manufactures, sells, or disposes of or possesses any
9 instrument or weapon of the kind usually known as slung shot, sand
10 club, or metal knuckles((, or spring blade knife));
11     (b) Furtively carries with intent to conceal any dagger, dirk,
12 pistol, or other dangerous weapon; or
13     (c) Uses any contrivance or device for suppressing the noise of
14 any firearm unless the suppressor is legally registered and possessed
15 in accordance with federal law,
16 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
17     (2) "Spring blade knife" means any knife, including a prototype,
18 model, or other sample, with a blade that is automatically released
19 by a spring mechanism or other mechanical device, or any knife having
20 a blade which opens, or falls, or is ejected into position by the
21 force of gravity, or by an outward, downward, or centrifugal thrust
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1  or movement. A knife that contains a spring, detent, or other
2  mechanism designed to create a bias toward closure of the blade and
3  that requires physical exertion applied to the blade by hand, wrist,
4  or arm to overcome the bias toward closure to assist in opening the
5  knife is not a spring blade knife. A spring blade knife is not a
6  dangerous weapon under this section.
7     Sec. 2. RCW 9.41.280 and 2023 c 470 s 3004 are each amended to
8 read as follows:
9     (1) It is unlawful for a person to knowingly carry onto, or to
10 possess on, public or private elementary or secondary school
11 premises, school-provided transportation, areas of facilities while
12 being used exclusively by public or private schools, or areas of
13 facilities while being used for official meetings of a school
14 district board of directors:
15     (a) Any firearm;
16     (b) Any other dangerous weapon as defined in RCW 9.41.250;
17     (c) Any device commonly known as "((nun-chu-ka [nunchaku]))
18 nunchaku sticks," consisting of two or more lengths of wood, metal,
19 plastic, or similar substance connected with wire, rope, or other
20 means;
21     (d) Any device, commonly known as "throwing stars," which are
22 multipointed, metal objects designed to embed upon impact from any
23 aspect;
24     (e) Any air gun, including any air pistol or air rifle, designed
25 to propel a BB, pellet, or other projectile by the discharge of
26 compressed air, carbon dioxide, or other gas; ((or))
27     (f)(i) Any portable device manufactured to function as a weapon
28 and which is commonly known as a stun gun, including a projectile
29 stun gun which projects wired probes that are attached to the device
30 that emit an electrical charge designed to administer to a person or
31 an animal an electric shock, charge, or impulse; or
32     (ii) Any device, object, or instrument which is used or intended
33 to be used as a weapon with the intent to injure a person by an
34 electric shock, charge, or impulse; or
35     (g) Any spring blade knife as defined in RCW 9.41.250.
36     (2)(a) Any such person violating subsection (1) of this section
37 is guilty of a misdemeanor.
38     (b) Second and subsequent violations of subsection (1) of this
39 section are a gross misdemeanor.
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1     (c) If any person is convicted of a violation of subsection
2 (1)(a) of this section, the person shall have his or her concealed
3 pistol license, if any revoked for a period of three years. Anyone
4 convicted under this subsection is prohibited from applying for a
5 concealed pistol license for a period of three years. The court shall
6 send notice of the revocation to the department of licensing, and the
7 city, town, or county which issued the license.
8     Any violation of subsection (1) of this section by elementary or
9 secondary school students constitutes grounds for expulsion from the
10 state's public schools in accordance with RCW 28A.600.010. An
11 appropriate school authority shall promptly notify law enforcement
12 and the student's parent or guardian regarding any allegation or
13 indication of such violation.
14     Upon the arrest of a person at least ((twelve)) 12 years of age
15 and not more than ((twenty-one)) 21 years of age for violating
16 subsection (1)(a) of this section, the person shall be detained or
17 confined in a juvenile or adult facility for up to ((seventy-two)) 72
18 hours. The person shall not be released within the ((seventy-two)) 72
19 hours until after the person has been examined and evaluated by the
20 designated crisis responder unless the court in its discretion
21 releases the person sooner after a determination regarding probable
22 cause or on probation bond or bail.
23     Within ((twenty-four)) 24 hours of the arrest, the arresting law
24 enforcement agency shall refer the person to the designated crisis
25 responder for examination and evaluation under chapter 71.05 or 71.34
26 RCW and inform a parent or guardian of the person of the arrest,
27 detention, and examination. The designated crisis responder shall
28 examine and evaluate the person subject to the provisions of chapter
29 71.05 or 71.34 RCW. The examination shall occur at the facility in
30 which the person is detained or confined. If the person has been
31 released on probation, bond, or bail, the examination shall occur
32 wherever is appropriate.
33     Upon completion of any examination by the designated crisis
34 responder, the results of the examination shall be sent to the court,
35 and   the  court   shall  consider  those   results  in   making  any
36 determination about the person.
37     The designated crisis responder shall, to the extent permitted by
38 law, notify a parent or guardian of the person that an examination
39 and evaluation has taken place and the results of the examination.
40 Nothing in this subsection prohibits the delivery of additional,
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1 appropriate mental health examinations to the person while the person
2 is detained or confined.
3     If the designated crisis responder determines it is appropriate,
4 the designated crisis responder may refer the person to the local
5 behavioral health administrative services organization for follow-up
6 services or other community providers for other services to the
7 family and individual.
8     (3) Subsection (1) of this section does not apply to:
9     (a) Any student or employee of a private military academy when on
10 the property of the academy;
11     (b) Any person engaged in military, law enforcement, or school
12 district security activities. However, a person who is not a
13 commissioned law enforcement officer and who provides school security
14 services under the direction of a school administrator may not
15 possess a device listed in subsection (1)(f) of this section unless
16 he or she has successfully completed training in the use of such
17 devices that is equivalent to the training received by commissioned
18 law enforcement officers;
19     (c) Any person who is involved in a convention, showing,
20 demonstration, lecture, or firearms safety course authorized by
21 school authorities in which the firearms of collectors or instructors
22 are handled or displayed;
23     (d) Any person while the person is participating in a firearms or
24 air gun competition approved by the school or school district;
25     (e) Any person in possession of a pistol who has been issued a
26 license under RCW 9.41.070, or is exempt from the licensing
27 requirement by RCW 9.41.060, while:
28     (i) Picking up or dropping off a student; or
29     (ii) Attending official meetings of a school district board of
30 directors held off school district-owned or leased property;
31     (f) Any nonstudent at least ((eighteen)) 18 years of age legally
32 in possession of a firearm or dangerous weapon that is secured within
33 an attended vehicle or concealed from view within a locked unattended
34 vehicle while conducting legitimate business at the school;
35     (g) Any nonstudent at least ((eighteen)) 18 years of age who is
36 in lawful possession of an unloaded firearm, secured in a vehicle
37 while conducting legitimate business at the school; or
38     (h) Any law enforcement officer of the federal, state, or local
39 government agency.
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1     (4) Subsections (1)(c) and (d) of this section do not apply to
2 any person who possesses ((nun-chu-ka [nunchaku])) nunchaku sticks,
3 throwing stars, or other dangerous weapons to be used in martial arts
4 classes authorized to be conducted on the school premises.
5     (5) Subsection (1)(f)(i) of this section does not apply to any
6 person who possesses a device listed in subsection (1)(f)(i) of this
7 section, if the device is possessed and used solely for the purpose
8 approved by a school for use in a school authorized event, lecture,
9 or activity conducted on the school premises.
10     (6) Except as provided in subsection (3)(b), (c), (f), and (h) of
11 this section, firearms are not permitted in a public or private
12 school building.
13     (7) "GUN-FREE ZONE" signs shall be posted around school
14 facilities giving warning of the prohibition of the possession of
15 firearms on school grounds.
16     (8) A school district board of directors must post signs
17 providing notice of the restrictions on possession of firearms and
18 other weapons under this section at facilities being used for
19 official meetings of the school district board of directors.
20     Sec. 3. RCW 9.41.282 and 2020 c 189 s 1 are each amended to read
21 as follows:
22     (1) It is unlawful for a person to carry onto, or to possess on,
23 licensed child care center premises, child care center-provided
24 transportation, or areas of facilities while being used exclusively
25 by a child care center:
26     (a) Any firearm;
27     (b) Any other dangerous weapon as described in RCW 9.41.250;
28     (c) Any air gun, including any air pistol or air rifle, designed
29 to propel a BB, pellet, or other projectile by the discharge of
30 compressed air, carbon dioxide, or other gas; ((or))
31     (d)(i) Any portable device manufactured to function as a weapon
32 and which is commonly known as a stun gun, including a projectile
33 stun gun that projects wired probes that are attached to the device
34 that emit an electrical charge designed to administer to a person or
35 an animal an electric shock, charge, or impulse; or
36     (ii) Any device, object, or instrument that is used or intended
37 to be used as a weapon with the intent to injure a person by an
38 electric shock, charge, or impulse; or
39     (e) Any spring blade knife as defined in RCW 9.41.250.
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1     (2) A person who violates subsection (1) of this section is
2 guilty of a gross misdemeanor. If a person is convicted of a
3 violation of subsection (1)(a) of this section, the person shall have
4 his or her concealed pistol license, if any, revoked for a period of
5 three years. Anyone convicted under subsection (1)(a) of this section
6 is prohibited from applying for a concealed pistol license for a
7 period of three years from the date of conviction. The court shall
8 order the person to immediately surrender any concealed pistol
9 license, and within three business days notify the department of
10 licensing in writing of the required revocation of any concealed
11 pistol license held by the person. Upon receipt of the notification
12 by the court, the department of licensing shall determine if the
13 person has a concealed pistol license. If the person does have a
14 concealed   pistol   license,   the  department  of   licensing   shall
15 immediately notify the license-issuing authority which, upon receipt
16 of the notification, shall immediately revoke the license.
17     (3) Subsection (1) of this section does not apply to:
18     (a) Family day care provider homes as defined in RCW 43.216.010;
19     (b) Any person in possession of a pistol who has been issued a
20 license under RCW 9.41.070, or is exempt from the licensing
21 requirement by RCW 9.41.060, while picking up or dropping off a child
22 at the child care center;
23     (c) Any person at least ((eighteen)) 18 years of age legally in
24 possession of a firearm or dangerous weapon that is secured within an
25 attended vehicle or concealed from view within a locked unattended
26 vehicle while conducting legitimate business at the child care
27 center; or
28     (d) Any law enforcement officer of a federal, state, or local
29 government agency.
30     (4) Child care centers must post "GUN-FREE ZONE" signs giving
31 warning of the prohibition of the possession of firearms on center
32 premises.
33     (5) A child care center that is located on public or private
34 elementary   or   secondary   school  premises  is   subject   to   the
35 requirements of RCW 9.41.280.
36     (6) For the purposes of this section, child care center has the
37 same meaning as "child day care center" as defined in RCW 43.216.010.
38     Sec. 4.   RCW 9.41.300 and 2024 c 285 s 1 are each amended to read
39 as follows:
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1     (1) It is unlawful for any person to enter the following places
2 when he or she knowingly possesses or knowingly has under his or her
3 control a weapon:
4     (a) The restricted access areas of a jail, or of a law
5 enforcement facility, or any place used for the confinement of a
6 person (i) arrested for, charged with, or convicted of an offense,
7 (ii) held for extradition or as a material witness, or (iii)
8 otherwise confined pursuant to an order of a court, except an order
9 under chapter 13.32A or 13.34 RCW. Restricted access areas do not
10 include common areas of egress or ingress open to the general public;
11     (b) Those areas in any building which are used in connection with
12 court   proceedings,  including   courtrooms,   jury  rooms,   judge's
13 chambers, offices and areas used to conduct court business, waiting
14 areas, and corridors adjacent to areas used in connection with court
15 proceedings. The restricted areas do not include common areas of
16 ingress and egress to the building that is used in connection with
17 court proceedings, when it is possible to protect court areas without
18 restricting ingress and egress to the building. The restricted areas
19 shall be the minimum necessary to fulfill the objective of this
20 subsection (1)(b).
21     For purposes of this subsection (1)(b), "weapon" means any
22 firearm, explosive as defined in RCW 70.74.010, or any weapon of the
23 kind usually known as slungshot, sand club, or metal knuckles, or any
24 knife, dagger, dirk, or other similar weapon that is capable of
25 causing death or bodily injury and is commonly used with the intent
26 to cause death or bodily injury.
27     In addition, the local legislative authority shall provide either
28 a stationary locked box sufficient in size for pistols and key to a
29 weapon owner for weapon storage, or shall designate an official to
30 receive weapons for safekeeping, during the owner's visit to
31 restricted areas of the building. The locked box or designated
32 official shall be located within the same building used in connection
33 with court proceedings. The local legislative authority shall be
34 liable for any negligence causing damage to or loss of a weapon
35 either placed in a locked box or left with an official during the
36 owner's visit to restricted areas of the building.
37     The local judicial authority shall designate and clearly mark
38 those areas where weapons are prohibited, and shall post notices at
39 each entrance to the building of the prohibition against weapons in
40 the restricted areas;
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1     (c) The restricted access areas of a public mental health
2 facility licensed or certified by the department of health for
3 inpatient hospital care and state institutions for the care of the
4 mentally ill, excluding those facilities solely for evaluation and
5 treatment. Restricted access areas do not include common areas of
6 egress and ingress open to the general public;
7      (d) That portion of an establishment classified by the state
8 liquor and cannabis board as off-limits to persons under 21 years of
9 age;
10      (e) The restricted access areas of a commercial service airport
11 designated in the airport security plan approved by the federal
12 transportation security administration, including passenger screening
13 checkpoints at or beyond the point at which a passenger initiates the
14 screening process. These areas do not include airport drives, general
15 parking areas and walkways, and shops and areas of the terminal that
16 are outside the screening checkpoints and that are normally open to
17 unscreened passengers or visitors to the airport. Any restricted
18 access area shall be clearly indicated by prominent signs indicating
19 that firearms and other weapons are prohibited in the area;
20     (f) The premises of a library established or maintained pursuant
21 to the authority of chapter 27.12 RCW;
22     (g) The premises of a zoo or aquarium accredited or certified by
23 the association of zoos and aquariums or the zoological association
24 of America or a facility with a current signed memorandum of
25 participation with an association of zoos and aquariums species
26 survival plan; or
27     (h) The premises of a transit station or transit facility. For
28 purposes of this subsection, "transit station" and "transit facility"
29 have the same meaning as defined in RCW 9.91.025. "Transit station"
30 and "transit facility" do not include any "transit vehicle" as that
31 term is defined in RCW 9.91.025.
32     (2)(a) Except as provided in (c) of this subsection, it is
33 unlawful for any person to knowingly open carry a firearm or other
34 weapon   while  knowingly   at   any  permitted  demonstration.  This
35 subsection (2)(a) applies whether the person carries the firearm or
36 other weapon on his or her person or in a vehicle.
37     (b) It is unlawful for any person to knowingly open carry a
38 firearm or other weapon while knowingly within 250 feet of the
39 perimeter of a permitted demonstration after a duly authorized state
40 or local law enforcement officer advises the person of the permitted
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1 demonstration and directs the person to leave until he or she no
2 longer possesses or controls the firearm or other weapon. This
3 subsection (2)(b) does not apply to any person possessing or
4 controlling any firearm or other weapon on private property owned or
5 leased by that person.
6     (c) Duly authorized federal, state, and local law enforcement
7 officers and personnel are exempt from the provisions of this
8 subsection (2) when carrying a firearm or other weapon in conformance
9 with their employing agency's policy. Members of the armed forces of
10 the United States or the state of Washington are exempt from the
11 provisions of this subsection (2) when carrying a firearm or other
12 weapon in the discharge of official duty or traveling to or from
13 official duty.
14     (d) For purposes of this subsection, the following definitions
15 apply:
16     (i) "Permitted demonstration" means either: (A) A gathering for
17 which a permit has been issued by a federal agency, state agency, or
18 local government; or (B) a gathering of 15 or more people who are
19 assembled for a single event at a public place that has been declared
20 as permitted by the chief executive, sheriff, or chief of police of a
21 local government in which the gathering occurs. A "gathering" means a
22 demonstration, march, rally, vigil, sit-in, protest, picketing, or
23 similar public assembly.
24     (ii) "Public place" means any site accessible to the general
25 public for business, entertainment, or another lawful purpose. A
26 "public place" includes, but is not limited to, the front, immediate
27 area, or parking lot of any store, shop, restaurant, tavern, shopping
28 center, or other place of business; any public building, its grounds,
29 or surrounding area; or any public parking lot, street, right-of-way,
30 sidewalk, public park, or other public grounds.
31     (iii) "Weapon" has the same meaning given in subsection (1)(b) of
32 this section.
33     (e) Nothing in this subsection applies to the lawful concealed
34 carry of a firearm by a person who has a valid concealed pistol
35 license.
36     (3) Cities, towns, counties, and other municipalities may enact
37 laws and ordinances:
38     (a) Restricting the discharge of firearms in any portion of their
39 respective jurisdictions where there is a reasonable likelihood that
40 humans, domestic animals, or property will be jeopardized. Such laws
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1 and ordinances shall not abridge the right of the individual
2 guaranteed by Article I, section 24 of the state Constitution to bear
3 arms in defense of self or others; and
4     (b) Restricting the possession of firearms in any stadium or
5 convention center, operated by a city, town, county, or other
6 municipality, except that such restrictions shall not apply to:
7     (i) Any pistol in the possession of a person licensed under RCW
8 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
9     (ii) Any showing, demonstration, or lecture involving the
10 exhibition of firearms.
11     (4)(a)   Cities,  towns,   and  counties   may  enact   ordinances
12 restricting the areas in their respective jurisdictions in which
13 firearms may be sold, but, except as provided in (b) of this
14 subsection, a business selling firearms may not be treated more
15 restrictively than other businesses located within the same zone. An
16 ordinance requiring the cessation of business within a zone shall not
17 have a shorter grandfather period for businesses selling firearms
18 than for any other businesses within the zone.
19     (b) Cities, towns, and counties may restrict the location of a
20 business selling firearms to not less than 500 feet from primary or
21 secondary school grounds, if the business has a storefront, has hours
22 during which it is open for business, and posts advertisements or
23 signs observable to passersby that firearms are available for sale. A
24 business selling firearms that exists as of the date a restriction is
25 enacted under this subsection (4)(b) shall be grandfathered according
26 to existing law.
27     (5) Violations of local ordinances adopted under subsection (3)
28 of this section must have the same penalty as provided for by state
29 law.
30     (6) The perimeter of the premises of any specific location
31 covered by subsection (1) of this section shall be posted at
32 reasonable intervals to alert the public as to the existence of any
33 law restricting the possession of firearms on the premises.
34     (7) Subsection (1) of this section does not apply to:
35     (a) A person engaged in military activities sponsored by the
36 federal or state governments, while engaged in official duties;
37     (b) Law enforcement personnel, except that subsection (1)(b) of
38 this section does apply to a law enforcement officer who is present
39 at a courthouse building as a party to an antiharassment protection
40 order action or a domestic violence protection order action under
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1 chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any
2 party has alleged the existence of domestic violence as defined in
3 RCW 7.105.010; or
4     (c) Security personnel while engaged in official duties.
5     (8) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) of this
6 section does not apply to correctional personnel or community
7 corrections officers, as long as they are employed as such, who have
8 completed government-sponsored law enforcement firearms training,
9 except that subsection (1)(b) of this section does apply to a
10 correctional employee or community corrections officer who is present
11 at a courthouse building as a party to an antiharassment protection
12 order action or a domestic violence protection order action under
13 chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any
14 party has alleged the existence of domestic violence as defined in
15 RCW 7.105.010.
16     (9) Subsection (1)(a) of this section does not apply to a person
17 licensed pursuant to RCW 9.41.070 who, upon entering the place or
18 facility, directly and promptly proceeds to the administrator of the
19 facility or the administrator's designee and obtains written
20 permission to possess the firearm while on the premises or checks his
21 or her firearm. The person may reclaim the firearms upon leaving but
22 must immediately and directly depart from the place or facility.
23     (10) Subsection (1)(c) of this section does not apply to any
24 administrator or employee of the facility or to any person who, upon
25 entering the place or facility, directly and promptly proceeds to the
26 administrator of the facility or the administrator's designee and
27 obtains written permission to possess the firearm while on the
28 premises.
29     (11) Subsection (1)(d) of this section does not apply to the
30 proprietor of the premises or his or her employees while engaged in
31 their employment.
32     (12) Subsection (1)(g) of this section does not apply to
33 employees of a zoo, aquarium, or animal sanctuary, while engaged in
34 their employment if the weapon is owned by the zoo, aquarium, or
35 animal sanctuary and maintained for the purpose of protecting its
36 employees, animals, or the visiting public.
37     (13) Subsection (1)(f), (g), and (h) of this section does not
38 apply to the activities of color guards and honor guards affiliated
39 with the United States military, Washington state national guard, or
40 Washington department of veterans' affairs related to burial or
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1 interment ceremonies including, but not limited to, any staging and
2 logistical requirements of the color guard or honor guard.
3     (14) Subsection (1)(f), (g), and (h) of this section does not
4 apply to a person licensed to carry a concealed firearm pursuant to
5 RCW 9.41.070.
6     (15) Government-sponsored law enforcement firearms training must
7 be training that correctional personnel and community corrections
8 officers receive as part of their job requirement and reference to
9 such training does not constitute a mandate that it be provided by
10 the correctional facility.
11     (16) Any person violating subsection (1) or (2) of this section
12 is guilty of a gross misdemeanor.
13     (17) "Weapon" as used in this section means any firearm,
14 explosive as defined in RCW 70.74.010, spring blade knife as defined
15 in RCW 9.41.250, or instrument or weapon listed in RCW 9.41.250.
16     NEW SECTION.     Sec. 5.      RCW 9.41.251 (Dangerous weapons—
17 Application of restrictions to law enforcement, firefighting, rescue,
18 and military personnel) and 2012 c 179 s 2 are each repealed.
19     Sec. 6. RCW 10.31.100 and 2023 c 462 s 702 are each amended to
20 read as follows:
21     A police officer having probable cause to believe that a person
22 has committed or is committing a felony shall have the authority to
23 arrest the person without a warrant. A police officer may arrest a
24 person without a warrant for committing a misdemeanor or gross
25 misdemeanor only when the offense is committed in the presence of an
26 officer, except as provided in subsections (1) through (11) of this
27 section.
28     (1) Any police officer having probable cause to believe that a
29 person has committed or is committing a misdemeanor or gross
30 misdemeanor, involving physical harm or threats of harm to any person
31 or property or the unlawful taking of property or involving the use
32 or possession of cannabis, or involving the acquisition, possession,
33 or consumption of alcohol by a person under the age of ((twenty-one))
34 21 years under RCW 66.44.270, or involving criminal trespass under
35 RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the
36 person.
37     (2) A police officer shall arrest and take into custody, pending
38 release on bail, personal recognizance, or court order, a person
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1 without a warrant when the officer has probable cause to believe
2 that:
3     (a) A domestic violence protection order, a sexual assault
4 protection order, a stalking protection order, or a vulnerable adult
5 protection order has been issued, of which the person has knowledge,
6 under chapter 7.105 RCW, or an order has been issued, of which the
7 person has knowledge, under RCW 26.44.063, or chapter 9A.40, 9A.46,
8 9A.88, 10.99, 26.09, 26.26A, 26.26B, or 74.34 RCW, or any of the
9 former chapters 7.90, 7.92, and 26.50 RCW, restraining the person and
10 the person has violated the terms of the order restraining the person
11 from acts or threats of violence, or restraining the person from
12 going onto the grounds of, or entering, a residence, workplace,
13 school, or day care, or prohibiting the person from knowingly coming
14 within, or knowingly remaining within, a specified distance of a
15 location, a protected party's person, or a protected party's vehicle,
16 or requiring the person to submit to electronic monitoring, or, in
17 the case of an order issued under RCW 26.44.063, imposing any other
18 restrictions or conditions upon the person;
19     (b) An extreme risk protection order has been issued against the
20 person under chapter 7.105 RCW or former RCW 7.94.040, the person has
21 knowledge of the order, and the person has violated the terms of the
22 order prohibiting the person from having in the person's custody or
23 control, purchasing, possessing, accessing, or receiving a firearm or
24 concealed pistol license;
25     (c) A foreign protection order, as defined in RCW 26.52.010, or a
26 Canadian domestic violence protection order, as defined in RCW
27 26.55.010, has been issued of which the person under restraint has
28 knowledge and the person under restraint has violated a provision of
29 the foreign protection order or the Canadian domestic violence
30 protection order prohibiting the person under restraint from
31 contacting or communicating with another person, or excluding the
32 person under restraint from a residence, workplace, school, or day
33 care, or prohibiting the person from knowingly coming within, or
34 knowingly remaining within, a specified distance of a location, a
35 protected party's person, or a protected party's vehicle, or a
36 violation of any provision for which the foreign protection order or
37 the   Canadian  domestic   violence   protection  order  specifically
38 indicates that a violation will be a crime; or
39     (d) The person is ((eighteen)) 18 years or older and within the
40 preceding four hours has assaulted a family or household member or
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1 intimate partner as defined in RCW 10.99.020 and the officer
2 believes: (i) A felonious assault has occurred; (ii) an assault has
3 occurred which has resulted in bodily injury to the victim, whether
4 the injury is observable by the responding officer or not; or (iii)
5 that any physical action has occurred which was intended to cause
6 another person reasonably to fear imminent serious bodily injury or
7 death. Bodily injury means physical pain, illness, or an impairment
8 of physical condition. When the officer has probable cause to believe
9 that family or household members or intimate partners have assaulted
10 each other, the officer is not required to arrest both persons. The
11 officer shall arrest the person whom the officer believes to be the
12 primary aggressor. In making this determination, the officer shall
13 make every reasonable effort to consider: (A) The intent to protect
14 victims of domestic violence under RCW 10.99.010; (B) the comparative
15 extent of injuries inflicted or serious threats creating fear of
16 physical injury; and (C) the history of domestic violence of each
17 person involved, including whether the conduct was part of an ongoing
18 pattern of abuse.
19     (3) Any police officer having probable cause to believe that a
20 person has committed or is committing a violation of any of the
21 following traffic laws shall have the authority to arrest the person:
22     (a) RCW 46.52.010, relating to duty on striking an unattended car
23 or other property;
24     (b) RCW 46.52.020, relating to duty in case of injury to, or
25 death of, a person or damage to an attended vehicle;
26     (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or
27 racing of vehicles;
28     (d) RCW 46.61.502 or 46.61.504, relating to persons under the
29 influence of intoxicating liquor or drugs;
30     (e) RCW 46.61.503 or 46.25.110, relating to persons having
31 alcohol or THC in their system;
32     (f) RCW 46.20.342, relating to driving a motor vehicle while
33 operator's license is suspended or revoked;
34     (g) RCW 46.61.5249, relating to operating a motor vehicle in a
35 negligent manner.
36     (4) A law enforcement officer investigating at the scene of a
37 motor vehicle accident may arrest the driver of a motor vehicle
38 involved in the accident if the officer has probable cause to believe
39 that the driver has committed, in connection with the accident, a
40 violation of any traffic law or regulation.
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1     (5)(a) A law enforcement officer investigating at the scene of a
2 motor vessel accident may arrest the operator of a motor vessel
3 involved in the accident if the officer has probable cause to believe
4 that the operator has committed, in connection with the accident, a
5 criminal violation of chapter 79A.60 RCW.
6     (b) A law enforcement officer investigating at the scene of a
7 motor vessel accident may issue a citation for an infraction to the
8 operator of a motor vessel involved in the accident if the officer
9 has probable cause to believe that the operator has committed, in
10 connection with the accident, a violation of any boating safety law
11 of chapter 79A.60 RCW.
12     (6) Any police officer having probable cause to believe that a
13 person has committed or is committing a violation of RCW 79A.60.040
14 shall have the authority to arrest the person.
15     (7) An officer may act upon the request of a law enforcement
16 officer, in whose presence a traffic infraction was committed, to
17 stop, detain, arrest, or issue a notice of traffic infraction to the
18 driver who is believed to have committed the infraction. The request
19 by the witnessing officer shall give an officer the authority to take
20 appropriate action under the laws of the state of Washington.
21     (8) Any police officer having probable cause to believe that a
22 person has committed or is committing any act of indecent exposure,
23 as defined in RCW 9A.88.010, may arrest the person.
24     (9) A police officer may arrest and take into custody, pending
25 release on bail, personal recognizance, or court order, a person
26 without a warrant when the officer has probable cause to believe that
27 an antiharassment protection order has been issued of which the
28 person has knowledge under chapter 7.105 RCW or former chapter 10.14
29 RCW and the person has violated the terms of that order.
30     (10) Any police officer having probable cause to believe that a
31 person has, within ((twenty-four)) 24 hours of the alleged violation,
32 committed a violation of RCW 9A.50.020 may arrest such person.
33     (11) A police officer having probable cause to believe that a
34 person illegally possesses or illegally has possessed a firearm or
35 other dangerous weapon on private or public elementary or secondary
36 school premises shall have the authority to arrest the person.
37     For purposes of this subsection, the term "firearm" has the
38 meaning defined in RCW 9.41.010 and the term "dangerous weapon" has
39 the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through
40 (((e))) (g).
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1     (12) A law enforcement officer having probable cause to believe
2 that a person has committed a violation under RCW 77.15.160(5) may
3 issue a citation for an infraction to the person in connection with
4 the violation.
5     (13) A law enforcement officer having probable cause to believe
6 that a person has committed a criminal violation under RCW 77.15.809
7 or 77.15.811 may arrest the person in connection with the violation.
8     (14) Except as specifically provided in subsections (2), (3),
9 (4), and (7) of this section, nothing in this section extends or
10 otherwise affects the powers of arrest prescribed in Title 46 RCW.
11     (15) No police officer may be held criminally or civilly liable
12 for making an arrest pursuant to subsection (2) or (9) of this
13 section if the police officer acts in good faith and without malice.
14     (16)(a) Except as provided in (b) of this subsection, a police
15 officer shall arrest and keep in custody, until release by a judicial
16 officer on bail, personal recognizance, or court order, a person
17 without a warrant when the officer has probable cause to believe that
18 the person has violated RCW 46.61.502 or 46.61.504 or an equivalent
19 local ordinance and the police officer: (i) Has knowledge that the
20 person has a prior offense as defined in RCW 46.61.5055 within
21 ((ten)) 10 years; or (ii) has knowledge, based on a review of the
22 information available to the officer at the time of arrest, that the
23 person is charged with or is awaiting arraignment for an offense that
24 would qualify as a prior offense as defined in RCW 46.61.5055 if it
25 were a conviction.
26     (b) A police officer is not required to keep in custody a person
27 under (a) of this subsection if the person requires immediate medical
28 attention and is admitted to a hospital.
29     Sec. 7.   RCW 43.216.760 and 2020 c 189 s 2 are each amended to
30 read as follows:
31     (1) Every child day care center and early childhood education and
32 assistance program provider is subject to RCW 9.41.282.
33     (2)(a) A family day care provider must store any firearm,
34 ammunition, or other dangerous weapon as described in RCW 9.41.250,
35 including without limitation any spring blade knife as defined in RCW
36 9.41.250, in a secure area when children for whom the family day care
37 provider is licensed to provide care are present on the premises.
38     (b) The secure area must be inaccessible to children and must
39 consist of a locked gun safe or a locked room. If stored in a locked
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1 room, each firearm must be stored unloaded and with a trigger lock or
2 other disabling feature.
3     (3) The department may deny, suspend, revoke, modify or not renew
4 the license of a child care provider in violation of this section.
5    NEW SECTION.   Sec. 8.   This act takes effect July 1, 2026.
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