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2021 Senate Bill 5038: Prohibiting the open carry of certain weapons at public demonstrations and the state capitol
Introduced by Sen. Patty Kuderer (Bellevue) (D) on January 11, 2021
Referred to the Senate Law & Justice Committee on January 11, 2021
Substitute offered in the Senate on January 28, 2021
Prohibits the open carry of a firearm or other weapons at or near public demonstrations, the state capitol grounds, its buildings, and other legislative location.
Referred to the Senate Rules Committee on January 29, 2021
Amendment offered by Sen. Kevin Van De Wege (Sequim) (D) on February 25, 2021
(1) Applies the restriction to persons who openly carry a firearm or other weapon at a permitted demonstration rather than while participating or attending a permitted demonstration. (2) Provides an exemption for any person possessing or controlling a firearm or other weapon on private property owned or leased by that person. (3) Defines a permitted demonstration to mean a gathering of 15 or more people at a single event in a public place for which a permit has been issued by a government agency or has been designated as permitted by certain local government officials.
The amendment passed by voice vote in the Senate on February 25, 2021
Received in the House on February 27, 2021
Referred to the House Civil Rights & Judiciary Committee on February 27, 2021
Amendment offered in the House on March 19, 2021
Provides that: • "weapon" has the same meaning given in the statute prohibiting weapons at court facilities; and • for the purposes of the definition of permitted demonstration, a "gathering" means a demonstration, march, rally, vigil, sit-in, protest, picketing, or similar public assembly. The amended bill also adds a severability clause and makes language governing the law enforcement and armed forces exemption consistent.
Amendment offered by Rep. Peter Abbarno (Centralia City) (R) on March 28, 2021
Removes the prohibition on openly carrying a firearm or other weapon within 250 feet of a permitted demonstration after a law enforcement officer advises the person of the permitted demonstration.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Peter Abbarno (Centralia City) (R) on March 28, 2021
Specifies that the open carry of firearms and other weapons is prohibited within 250 feet "of the perimeter" of permitted demonstrations.
The amendment passed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Matt Boehnke (Benton) (R) on March 28, 2021
Removes all provisions that make it unlawful to openly carry a firearm or other weapon at a permitted demonstration, or within 250 feet of a permitted demonstration after a law enforcement officer advises the person of the permitted demonstration.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jeremie Dufault (Yakima) (R) on March 28, 2021
Makes it a misdemeanor, rather than a gross misdemeanor, to violate the prohibition on openly carrying a firearm or weapon at or within 250 feet of a permitted demonstration or on or at specified capitol campus grounds and buildings and other specified state legislative locations.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Greg Gilday (Island) (R) on March 28, 2021
Provides legislative findings that: an individual's right to life, liberty, and property is of the utmost importance of government; no one should feel unsafe or threatened while exercising their rights; people of all backgrounds should be welcome to be in all public places without fear of harm; and true equity cannot be achieved until the law is applied equitably for all. Expresses legislative intent to make every effort to prohibit the actions of those who use violence or threat of violence to achieve their goals in order to achieve a more equal and just society.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jenny Graham (Spokane) (R) on March 28, 2021
Changes the definition of "weapon" to mean any of a number of specifically listed weapons and any other object or device that is capable of producing bodily harm.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jenny Graham (Spokane) (R) on March 28, 2021
Provides that nothing in the act applies to the lawful concealed carry of a firearm by a person who has a valid concealed pistol license.
The amendment passed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Drew Hansen (Kitsap) (D) on March 28, 2021
Adds an emergency clause and provides that the act takes effect immediately..
The amendment passed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Larry A. Hoff (Vancouver) (R) on March 28, 2021
Removes language indicating that the prohibition on open carry of a firearm or weapon at a permitted demonstration applies to firearms or weapons that are carried in a vehicle. States instead that the prohibition applies when the person carries the firearm or weapon on his or her person.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Cyndy Jacobsen (Puyallup) (R) on March 28, 2021
Provides that the person must be knowingly at or within 16 250 feet of a permitted demonstration, or knowingly in the specified 17 capitol campus grounds or buildings or other state legislative locations, in order for the criminal penalty to apply.
The amendment passed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 28, 2021
Provides that the definition of "permitted demonstration" includes any autonomous zone in which individuals declare the right to self-govern any territory within a town, city, or county and that is not disbanded within 24 hours by local, state, or federal authorities.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 28, 2021
Makes the restrictions on the open carry of firearms or other weapons applicable only if the person has been advised of the permitted demonstration or prohibited location by a law enforcement officer and the person does not leave the location within a reasonable time after receiving the notice.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Joel McEntire (Cathlamet) (R) on March 28, 2021
Revises the exemption provision to provide exemptions for the following: (i) any act committed by a person while in his or her place of abode or fixed place of business; (ii) any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty; (iii) any person acting for the purpose of protecting self or others against the use of presently threatened unlawful force by another; (iv) any person making or assisting in making a lawful arrest for the commission of a felony; or (v) any person engaged in military activities sponsored by the federal or state governments.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jim Walsh (Aberdeen) (R) on March 28, 2021
Removes the provision that makes it unlawful for a person to knowingly open carry a firearm or other weapon on the west state capitol campus grounds, in any buildings on the state capitol grounds, in any state legislative office, or at any location of a 10 public legislative hearing or meeting during the hearing or meeting.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Alex Ybarra (Grant County) (R) on March 28, 2021
Specifies that the open carry of firearms and other weapons is prohibited within 25 feet of permitted demonstrations (instead of 250 feet).
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jesse Young (Gig Harbor) (R) on March 28, 2021
Provides that the prohibition on openly carrying a firearm or weapon within 250 feet of a permitted demonstration does not apply to any person who carries a firearm or weapon on private property where the person is present on the private property at the invitation or with the permission of the person who owns or leases the private property.
The amendment failed by voice vote in the House on March 28, 2021
Amendment offered by Rep. Jesse Young (Gig Harbor) (R) on March 28, 2021
Makes a person exempt from the restrictions on openly carrying firearms or other weapons if the person possesses or controls the firearm or other weapon on private property owned or leased by the person or within 100 yards of the boundaries of such 19 property.
The amendment failed by voice vote in the House on March 28, 2021
• Prohibits the open carry of a firearm or other weapons at or near public demonstrations, the west state capitol grounds, capitol grounds buildings, and other legislative locations. • Provides an exception for federal, state, and local law enforcement officers. • Makes violations of these prohibitions a gross misdemeanor.
Received in the Senate on April 20, 2021
Senate concurred in House amendment(s).
Signed by Gov. Jay Inslee on May 12, 2021

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