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Thread: Lease/License public buildings and RCW 9.41.290

  1. #1
    Campaign Veteran slapmonkay's Avatar
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    Lease/License public buildings and RCW 9.41.290

    This has been touched on by a few different threads recently. I figured I would start a thread with scenarios and get peoples opinions on which scenario the individual(s) using the space can legally exclude people due to firearms and which scenarios are covered under RCW 9.41.290 preemption.

    I believe most, if not all, of us agree that it would be a violation for a municipal to place a requirement in the Lease/License to restricts firearms. So for this, lets assume that no restriction has been placed by the municipals.

    1. Individual has a License of Use for a public building
    2. Individual has a License of Use for a public building and the License acknowledges the individual can charge for entry
    3. Individual has a License of Use for a public area
    4. Individual has a License of Use for a public area and the License acknowledges the individual can charge for entry
    5. Individual has a Lease for a public building
    6. Individual has a Lease for a public building and the Lease acknowledges the individual can charge for entry
    7. Individual has a Lease for a public area
    8. Individual has a Lease for a public area and the Lease acknowledges the individual can charge for entry

    *In all cases, the space is publicly owned.
    **In cases where the municipals acknowledges a right to charge entry, the Lease/License does not specifically say they can exclude for lack of entry payment.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  2. #2
    Regular Member massivedesign's Avatar
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    Except they DO sign leases specifically prohibiting firearms.

    Here is a 10 year lease, signed in December for the Children's Museum. See Section 7.3
    http://clerk.seattle.gov/~archives/O...Ord_123791.pdf
    7.3 Firearms . Museum agrees that it shall not permit any person to enter or remain within the Premises while in possession of a firearm, including a concealed firearm, whether or not the person carrying said firearm is licensed or permitted to carry a firearm or concealed firearm. Firearms are defined for purposes of this Lease as any object or device which is designed to explosively discharge any object or force including any electrical charge, which has the capacity of causing injury or inflicting pain and specifically includes, guns, pistols, rifles (whether any of the same are powered by gunpowder, compressed air or gas), tasers, bow and arrow and cross-bow. Museum shall, upon discovery that such a person is within the premises, ask that person to leave, and shall promptly summon law enforcement if the person does not comply with that request.

    But, on the flip.
    Here is a 10 year lease, from 2006 (still in effect), for the VERA project.
    http://clerk.seattle.gov/~scripts/np...h.htm&r=11&f=G
    Search the lease and there is contradictory information. In one section, I-B:3, it specifically states:
    Possess a firearm on the campus, except that such restrictionshall not apply to any pistol in the possession of a person licensedunder RCW 9.41.070 or exempt from the licensing requirement by RCW9.41.060.
    Then, the next section states:
    C. Contraband in Seattle Center facilitiesThe following items are prohibited on the Seattle Center campus:illegal drugs, weapons, explosive devices, spray paint, lasers.
    Weapons are defined early on in the lease:
    18. "Weapon" means any firearm or any instrument designed orintended to propel a missile of any kind, or any knife having a bladeof three inches or more, or any straight-edge razor, spring stick,metal knuckles, blackjack, bat, club or other bludgeon-typeinstrument, or any flailing instrument consisting of two or morerigid parts connected in such a manner as to allow them to swingfreely, such as nun chahkas, nunchakus or shurikens, or chains, orwhips, or stars, or darts, or stun gun, or taser, or any disc havingat least two points or pointed blades which is designed to be thrownor propelled.19. "Weapon violation" means possession or use of a weapon inviolation of Chapter 9.41 of the Revised Code of Washington, Chapter12A.14 of the Seattle Municipal Code or other applicable statute or ordinance.
    www.WaGuns.org

    Currently mapping locations of Shooting Areas as well as Gun Stores - Let me know what is missing!

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