Title
Approval of an Ordinance Related to Extreme Risk Protection Orders and Amending Olympia Municipal Code Section 9.48.170
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading an ordinance related to Extreme Risk Protection Orders and amending Olympia Municipal Code Section 9.48.170.
Report
Issue:
Whether to approve an ordinance related to Extreme Risk Protection Orders and amending Olympia Municipal Code Section 9.48.170.
Staff Contact:
R. Tye Graham, Olympia Assistant Prosecutor II, 360.753.8449
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
Background and analysis has not changed from first to second reading.
Earlier this year, the Washington State Legislature enacted the Extreme Risk Protection Order Act, Chapter 7.94 RCW (the Act). The Act was designed to temporarily prevent individuals who are at a high risk of harming themselves or others from accessing firearms by allowing family, household members, and police to obtain a court order when there is demonstrated evidence that the person poses a significant danger, including danger as a result of a dangerous mental health crises or violent behavior. The purpose and intent of the Act is to reduce gun deaths and injuries, which have increased across the country, while respecting constitutional rights. Court orders issued under RCW 7.94 are intended to be limited to situations in which the person poses a significant danger of harming themselves or others by possessing a firearm and include standards and safeguards to protect the rights of respondents and due process of law.
RCW 7.94 makes the first violation of an Extreme Risk Protection Order a gross misdemeanor, which would be prosecuted in Olympia Municipal Court, and creates a felony penalty for those convicted of a second or further offense. The City’s adoption by reference of RCW 7.94.120 will allow the prosecution of violations of an Extreme Risk Protection Order.
Neighborhood/Community Interests (if known):
There is an inherent interest in protecting the public’s safety.
Options:
1. Approve the ordinance.
2. Do not approve the ordinance, which would not allow a violation of an extreme risk protection order to be prosecuted in municipal court.
Financial Impact:
N/A
Attachments:
Ordinance
Chapter 7.94 RCW: Extreme Risk Protection Order Act