9.36.100 Forfeitures.
A. The court may order forfeiture of a firearm which is proven to be:
1. Found concealed on a person not authorized by Lacey Municipal Code Section 9.36.030 or Revised Code of Washington 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
2. Commercially sold to any person without an application as required by Revised Code of Washington 9.41.090;
3. Found in the possession of a person prohibited from possessing the firearm under Revised Code of Washington 9.41.040;
4. Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in Lacey Municipal Code Chapter 10.04;
5. Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 Revised Code of Washington;
6. Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction;
B. Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
C. Any court when entering an order authorized under Lacey Municipal Code 9.13.070, Revised Code of Washington 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a firearm under the provision of Revised Code of Washington 9.41.040:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under Revised Code of Washington 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
4. Prohibit the party from obtaining or possessing a concealed pistol license.
D. Any court when entering an order authorized under Lacey Municipal Code 9.12.070, Revised Code of Washington 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060 or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of Revised Code of Washington 9.41.040:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under Revised Code of Washington 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
4. Prohibit the party from obtaining or possessing a concealed pistol license.
E. The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
F. In addition to the provisions of subsections C., D. and E. of this section, the court may enter an order requiring a party to comply with the provisions in subsection C. of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
G. The requirements of subsections C. D. and F. of this section may be for a period of time less that the duration of the order.
H. All procedures to be followed by the court, clerk of the court and law enforcement officers in the enforcement and adjudication of sections 9.36.010 through 9.36.100 of this chapter shall be in accordance with the procedures of Revised Code of Washington 9.41 relating to firearms. (Ord. 1001 §9, 1994).