MYNORTHWEST NEWS

How public shooting is regulated in Washington state

Jun 21, 2013, 6:58 AM | Updated: 8:33 am

The idea that you can be hanging out at a backyard barbecue and be killed by a stray bullet fired from over a half-mile away isn’t something you probably think about, but it happened to a young woman Sunday in Ferndale.

While Whatcom County is still trying to figure out who fired the shot and whether to charge that person, it got us thinking about the rules about where and when you can fire your gun.

Washington state law is pretty clear. You can’t fire your gun if you’re within 500 feet of homes or businesses. You can’t fire down roads or trails, and you can’t be reckless or careless.

But if you’re on private property and following those rules, state law has very few restrictions.

Whatcom County Undersheriff Jeff Parks said local jurisdictions can do little to change that. “Cities and counties can’t enact their own more restrictive statutes for most of the sections that law covered by the RCW,” he said.

Cities and counties all have no-shooting zones covering their urban areas, so you can’t just fire a gun in your backyard unless it’s in self-defense or for protection.

But once you get in rural settings, county councils have to create their own no-shooting zones where they think guns and the area just don’t mix. There are 22 of these zones in Whatcom County. “Even within a shooting-restricted zone, there may be some allowable exceptions, such as an established range or a scenario where there’s target practice,” Undersheriff Parks said.

The shot that killed 23-year-old Alyssa Smith came from over a half-mile away from a group of five people firing where it is legal to do so. They were not in a no-shooting zone.

The person who fired the shot can be held civilly or criminal liable if it’s determined the shooter was acting carelessly.

So how often does this happen? Does anyone track stray bullet injuries or deaths?

There is no database on stray bullet shootings, but the University of California at Davis recently tried to research it. Between 2008 and 2009 in the US, it found 284 stray bullet cases that led to the injury or death of 317 people. Most were bullets that came from gun fights or gang battles the victims had nothing to do with.

A handful came from hunting or target shooting. A few were from celebratory gun shots fired into the air.

In one case, a man was sitting at his dinner table when a shot fired from a hunter more than 700 feet away hit and killed him. The shooter was convicted of manslaughter.

Outside of this study, I found a 2010 case where a 4-year-old boy sitting at his parents’ feet during a church service was hit and killed when a New Year’s Eve celebratory shot came through the ceiling of the church and hit him in the head. The shot likely came from more than a mile away. The shooter was never found.

Robert Lee, 23, of Bellingham, and Douglas Quiding Jr., 40, of Ferndale have been charged in the stray shooting in Whatcom County but not with Alyssa Smith’s death. Both are charged with being felons in possession of a firearm. The county prosecutor’s office is still determining whether to charge anyone in her death.

MyNorthwest News

crane...

MyNorthwest Staff

Man arrested after reportedly climbing up to 30 stories on construction crane in Seattle

A 27-year-old man was arrested after he reportedly climbed 20 to 30 stories high on a construction crane in Seattle's Fremont neighborhood.

35 minutes ago

Ted Bundy...

Associated Press

Utah authorities are connecting serial killer Ted Bundy to another 1970s homicide

DNA connects serial killer Ted Bundy to the death of a Utah teenager, more than 50 years after her body was discovered by a hunter.

1 hour ago

snow...

Ted Buehner

Drivers on Cascade highways should prepare for snow and slick roads this week

Snow is headed for Cascade passes this week, with slick roads possible at Stevens, White and Snoqualmie passes.

2 hours ago

Blue Origin employee arrested...

Luke Duecy

Seattle man who works for aerospace giant Blue Origin faces federal charges in child exploitation case

A Seattle man who works at Blue Origin, is facing federal charges accusing him of distributing child sexual abuse material and attempting to entice a minor.

2 hours ago

Natalie's Sugarcane Tukwila...

KIRO 7 News Staff

Natalie’s Sugarcane & Desserts announces reopening date for Tukwila store

Natalie’s Sugarcane & Desserts will celebrate the grand reopening of its Tukwila storefront on Southcenter Parkway on Friday, November 6.

4 hours ago

Everett apartment shooting...

MyNorthwest Staff

1 killed, 1 injured in shooting at south Everett apartment complex

The Snohomish County Sheriff's Office is searching for a suspect after two people were shot in a parking lot in south Everett.

7 hours ago

How public shooting is regulated in Washington state