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Thread: Washington State Law Check

  1. #1
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    Washington State Law Check

    Looking at the laws for Washington, I have found this.

    RCW Title 9 Chapter 9.41.280

    "Possessing dangerous weapons on school facilities Penalty Exceptions.

    (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

    (a) Any firearm;

    (b) Any other dangerous weapon as defined in RCW 9.41.250;

    (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

    (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect;

    (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or

    (f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or

    (ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse."


    Later on, one reads this: "(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building." (I bolded what I feel is important here)

    Subsection three gives police and others authority to come onto school grounds with weapons.

    The initial portion of the section gives me the impression that carrying on a college campus would be legal since it's not specifically an elementary or secondary school. However, subsection six gives me pause.

    So, what's your take? Campus carry legal or illegal in the state of Washington?

  2. #2
    Regular Member Bigpapa's Avatar
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    Look at the UW when that guy had some cocktails, guns and maps of two or three school and if he hadn't being catch he would have kill a lot of students, so I said all of that to say yes we should be able to carry. If you have been proving and have gone through the step on getting a CCL in your state. Well that's is just my opinion but hopefully they will see it but I want hold my breath.

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    Regular Member decklin's Avatar
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    Quote Originally Posted by newschoololdschool View Post
    Looking at the laws for Washington, I have found this.

    RCW Title 9 Chapter 9.41.280

    "Possessing dangerous weapons on school facilities Penalty Exceptions.

    (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

    (a) Any firearm;

    (b) Any other dangerous weapon as defined in RCW 9.41.250;

    (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

    (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect;

    (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or

    (f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or

    (ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse."


    Later on, one reads this: "(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building." (I bolded what I feel is important here)

    Subsection three gives police and others authority to come onto school grounds with weapons.

    The initial portion of the section gives me the impression that carrying on a college campus would be legal since it's not specifically an elementary or secondary school. However, subsection six gives me pause.

    So, what's your take? Campus carry legal or illegal in the state of Washington?

    First, I'd like to say that if you have a state specific question then it should be posted in the state subforum. That way those of us in the state involving the question can give you accurate info.
    Nothing worse than asking about a law in say New Hampshire and some dweeb replies with, " Well, in Colorado....."

    So to the question. It is absolutely, positively, 100% legal to carry on a college campus in the state of Washington. There is even one Campus that allows students to carry, though the name eludes me at the moment.
    Just be aware of your school's policy (if you attend one) because many do not want students or faculty to carry. I recommend CC at school to avoid expulsion. It's what I do.
    There is no legal recourse that can be taken against you. Only administrative punishment. If you are not a student or faculty then OC.
    The way I figure it is its better to be expelled and alive than dead and still enrolled.
    "Loyalty above all else except honor. " -John Mahoney

    "A Government big enough to give you everything you want, is big enough to take away everything you have." -Gerald R. Ford

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    Regular Member decklin's Avatar
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    And by the way,
    Welcome to OCDO!
    "Loyalty above all else except honor. " -John Mahoney

    "A Government big enough to give you everything you want, is big enough to take away everything you have." -Gerald R. Ford

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    Quote Originally Posted by Bigpapa View Post
    ...If you have been proving and have gone through the step on getting a CCL in your state. Well that's is just my opinion but hopefully they will see it but I want hold my breath.
    If it is licensed, it ain't a right.

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    Awesome, thanks for the help!

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    Quote Originally Posted by newschoololdschool View Post
    Looking at the laws for Washington, I have found this.

    RCW Title 9 Chapter 9.41.280

    "Possessing dangerous weapons on school facilities Penalty Exceptions.

    (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

    (a) Any firearm;

    (b) Any other dangerous weapon as defined in RCW 9.41.250;

    (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

    (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect;

    (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or

    (f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or

    (ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse."


    Later on, one reads this: "(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building." (I bolded what I feel is important here)

    Subsection three gives police and others authority to come onto school grounds with weapons.

    The initial portion of the section gives me the impression that carrying on a college campus would be legal since it's not specifically an elementary or secondary school. However, subsection six gives me pause.

    So, what's your take? Campus carry legal or illegal in the state of Washington?
    Campus carry IS legal in the state of WA on public college campuses. There is an ADMINISTRATIVE CODE (A WAC) that supposedly prohibits STUDENTS from carrying on their own campus. but from my conversation with UWPD officers, they do not enforce it since it runs contrary to the RCW. Iow, it has no "teeth". So, for students, there is a little bit of a gray area, but due to the WAC, it seems at least possible that ADMINISTRATIVE action could be taken against a student for carrying on campus.

    However, the law is CRYSTAL clear for non-students, that yes you can carry on a college campus

    Here's the WAC
    WAC 132S-50-280

    note that the only "penalty" is "suspension, so obviously it applies to students not the public

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    Regular Member GiantRedSock's Avatar
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    Washington State Law Check

    (Inspired by administrative code topic)

    I have had several discussions with professors at WCC about concealed carry, and how they handle the school's policy. They said they knew of many students, along with a handful of staff that CC. There was a murder on campus that occurred a time back, and it traumatized nearby staff. From my experience the professors that had knowledge of students CC left them to their business. Many who I spoke with agreed that students should be able to defend themselves in drastic situations.

    I just thought this may be an interesting perspective to put out there.

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    Regular Member rapgood's Avatar
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    Colleges and universities are not "public or private elementary or secondary schools" addressed in RCW 9.41.280.

    Washington Administrative Codes notwithstanding, I don't think that an administrative code can trump the preemption found in RCW 9.41.290 and there are no prohibitions for colleges and universities found in RCW 9.41.300.

    The WACs are not a separate body of law. Rather, they are "supplemental law" authorized by RCWs.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

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    Regular Member sudden valley gunner's Avatar
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    I have carried OC on the campus several times no issues. My other half went to school there and works there part time.

    I remember the murder that happened I was working close by in construction, guess who stopped the murderer and held him captive........construction workers who were working on the apartments close to the ones I was building. We heard a ruckus and went to check it out but by that time the other guys had it all under control.

    Edit to add I am not a student and my carry was brief to meet the other half.

    Oh and warm welcome to the forum! Do you know about our weekly OC meets at Starbucks near the campus on Bakerview and Northwest? Feel free to come on by all are welcome.
    Last edited by sudden valley gunner; 08-05-2013 at 06:23 PM.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by rapgood View Post
    Colleges and universities are not "public or private elementary or secondary schools" addressed in RCW 9.41.280.

    Washington Administrative Codes notwithstanding, I don't think that an administrative code can trump the preemption found in RCW 9.41.290 and there are no prohibitions for colleges and universities found in RCW 9.41.300.

    The WACs are not a separate body of law. Rather, they are "supplemental law" authorized by RCWs.
    The WAC of course also refers solely to students, not to the general public.

    I agree though, and I strongly suspect that if a student is in any way punished for carrying a gun on campus, that they could take it to court and win, specifically because of the preemption law.

    Regarding elementary or secondary schools, it's good that the law DOES allow parents etc. to have a gun "on campus" as long as it remains in the car with them when they drive in to pick up their kids. It's good they wrote that into law, else it woul;d significantly impair people's ability to carry if picking up their kid at school was part of their daily routine

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by PALO View Post
    The WAC of course also refers solely to students, not to the general public.
    As I understand WAC, it's pretty much the employee handbook of the state of Washington.

    So, are students employees legally speaking? If so, there are rules for how even an unpaid volunteer is treated AFAIK...and if not, why would an employee handbook apply to them at all?

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by PALO View Post
    The WAC of course also refers solely to students, not to the general public.

    I agree though, and I strongly suspect that if a student is in any way punished for carrying a gun on campus, that they could take it to court and win, specifically because of the preemption law.

    Regarding elementary or secondary schools, it's good that the law DOES allow parents etc. to have a gun "on campus" as long as it remains in the car with them when they drive in to pick up their kids. It's good they wrote that into law, else it woul;d significantly impair people's ability to carry if picking up their kid at school was part of their daily routine
    On that note, I have OC'd to pick up my kids on a motorcyle, and then did it specifically the day after the principle told my step son I would be arrested for it and it was illegal.....I wasn't arrested...and the other kids especially the boys were practically cheering as my step son put on his helmet and got on the bike and we drove away.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  14. #14
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by rapgood View Post
    Colleges and universities are not "public or private elementary or secondary schools" addressed in RCW 9.41.280.

    Washington Administrative Codes notwithstanding, I don't think that an administrative code can trump the preemption found in RCW 9.41.290 and there are no prohibitions for colleges and universities found in RCW 9.41.300.

    The WACs are not a separate body of law. Rather, they are "supplemental law" authorized by RCWs.
    What are your thoughts on students being prohibited from being armed?

    I tend to side with PALO (scary thought) on this issue. I seem to remember a case in Oregon about a student carrying at a college the student was expelled, sued and won. Oregon has a similar law to Washington's preemption (theirs seems to only apply to Oregon CPL holders though).
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Quote Originally Posted by Freedom1Man View Post
    What are your thoughts on students being prohibited from being armed?

    I tend to side with PALO (scary thought) on this issue. I seem to remember a case in Oregon about a student carrying at a college the student was expelled, sued and won. Oregon has a similar law to Washington's preemption (theirs seems to only apply to Oregon CPL holders though).
    Well, if you agree with me, you can be assured you are correct. :l

    But back to the issue, like I said it's a "I strongly suspect" this is the case... Employers, even public employers can and do prohibit employees e.g. UW staff (recall the UW employee who was killed when her ex came on campus contrary to a protection order and shot her... she was of course unable to carry to protect herself due to UW policy) from carrying, but STUDENTS fall under a different category than employees and especially students that live on campus. Employers can put all kinds of restrictions on employees, that they can't put on students at a public university of course.

    Students don't rescind their right to carry merely because they are a student at UW and I don't think they can set up a two tiered system where NON students can walk around carrying a firearm (and they do), but students can't.

    It just strikes me as an INSTANT Loser if the UW tried to punish the kid in any way, shape or form for carrying on campus

    Has anybody ever OC'd at UW or god forbid Eveergreen State College?

    I imagine it would drive the libtards crazy!

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    Regular Member rapgood's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    What are your thoughts on students being prohibited from being armed?
    I don't think that the prohibition on students being armed is enforceable. I haven't researched the case law to see if it has ever been tested. But, if a bunch of UW students had been armed a couple of years ago, these may not have occurred:
    04-APR-1973 Shooting between Kane and Condon Hall. 1 fatality.
    25-JUN-2013 - 5-JUL-2013 - Several people in U District robbed by armed assailants.

    Quote Originally Posted by PALO View Post
    It just strikes me as an INSTANT Loser if the UW tried to punish the kid in any way, shape or form for carrying on campus

    Has anybody ever OC'd at UW or god forbid Evergreen State College?

    I imagine it would drive the libtards crazy!
    I am an Evergreen graduate ('76). A fellow student, who was from Montana, used to OC there all the time. He grew up with it and saw no reason to change. He even lived in the dorms. While a student, I kept a shotgun, which was common knowledge among many of my peers. I haven't OC'd there, but have CC'd (I normally CC, so there was no change in my behavior). I was recently invited to a gathering with the college powers-that-be and some fellow alums and someone who worked there in administration spotted my pistol when I unzipped my jacket. She approached me and asked if I was armed. I responded "yes" and she then asked what I was carrying (my Sig 228). She then asked why I carried, to which I responded, "To protect myself, my family and so we don't lose the right to do so." Her response? "Cool!"

    Just because it's TESC doesn't mean that it's full of stark-raving "libtards." A college friend of mine there was a Ted Bundy victim. Perhaps if more people there had carried and he knew it, he would've sought his target elsewhere. As I recall, Bundy stated that he liked to go to colleges to find his victims because guns weren't common.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  17. #17
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by rapgood View Post
    I don't think that the prohibition on students being armed is enforceable. I haven't researched the case law to see if it has ever been tested. But, if a bunch of UW students had been armed a couple of years ago, these may not have occurred:
    04-APR-1973 Shooting between Kane and Condon Hall. 1 fatality.
    25-JUN-2013 - 5-JUL-2013 - Several people in U District robbed by armed assailants.


    I am an Evergreen graduate ('76). A fellow student, who was from Montana, used to OC there all the time. He grew up with it and saw no reason to change. He even lived in the dorms. While a student, I kept a shotgun, which was common knowledge among many of my peers. I haven't OC'd there, but have CC'd (I normally CC, so there was no change in my behavior). I was recently invited to a gathering with the college powers-that-be and some fellow alums and someone who worked there in administration spotted my pistol when I unzipped my jacket. She approached me and asked if I was armed. I responded "yes" and she then asked what I was carrying (my Sig 228). She then asked why I carried, to which I responded, "To protect myself, my family and so we don't lose the right to do so." Her response? "Cool!"

    Just because it's TESC doesn't mean that it's full of stark-raving "libtards." A college friend of mine there was a Ted Bundy victim. Perhaps if more people there had carried and he knew it, he would've sought his target elsewhere. As I recall, Bundy stated that he liked to go to colleges to find his victims because guns weren't common.
    I am more interested in the college that I go to, Lake Washington Institute of Technology.

    I have informed various individuals who are "in charge" that the firearm prohibition was a violation of state preemption.... They don't want to hear it though.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member rapgood's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    I am more interested in the college that I go to, Lake Washington Institute of Technology.
    Is LWIT a state institution, or is it private?

    I have informed various individuals who are "in charge" that the firearm prohibition was a violation of state preemption.... They don't want to hear it though.
    I'll bet they don't. However, if it is a privately owned institution, they may lawfully prohibit carrying. If it is a state institution, they may not. I think that OC on a public college campus may possibly be restricted (I haven't seen any case law on the subject, and the RCWs are ambiguous), but certainly not CC. My personal opinion is that NO state institution should be able to prohibit OC, but the courts don't necessarily agree with my position.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  19. #19
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by rapgood View Post
    Is LWIT a state institution, or is it private?


    I'll bet they don't. However, if it is a privately owned institution, they may lawfully prohibit carrying. If it is a state institution, they may not. I think that OC on a public college campus may possibly be restricted (I haven't seen any case law on the subject, and the RCWs are ambiguous), but certainly not CC. My personal opinion is that NO state institution should be able to prohibit OC, but the courts don't necessarily agree with my position.
    There is an Attorney General Opinion that a city or municipal ordinance restricting carry on a post secondary school is lawful.... I'll get the opinion number next time I'm at the law library, I came across is while reading the annotated codebooks...

    EDIT
    here it is

    AGO 1982 #14

    HonorableAl Williams
    St. Sen., 32nd District
    4801 Fremont Avenue North
    Seattle, Washington 98103

    Cite as: AGO 1982 No. 14

    Dear Sir:

    By letter previously acknowledged you requested our opinion on several questions relating to the ability of a county, city or town to regulate the sale or possession of firearms. Specifically, you asked:

    1. May a municipality or county prohibit the sale or possession of a handgun within its jurisdiction?

    2. May a municipality or county require the presentation of a

    con‑ cealed weapons permit as a condition to the sale of handgun ammunition?

    [Orig. Op. Page 2]

    3. May a municipality or county prohibit the possession of a fire‑arm on the grounds of elementary, secondary and post‑secondary campuses (public and private) located within their jurisdiction?

    We answer your first and second questions in the negative and your third question in the affirmative for the reasons set forth in our analysis.
    .................................................. .................................................. .................

    Question (3):

    Finally, you have asked:

    May a municipality or county prohibit the possession of a firearm on grounds of elementary, secondary and post-secondary campuses (public and private) located within their jurisdiction?

    Before addressing this question, however, we would call to your attention the legislature's recent enactment of a similar, although less encompassing (in that it applies only to students) provision which is now in effect statewide. We have reference to 4, chapter 47, Laws of 1982, 1st Ex. Sess. by which the legislature added the following new section to chapter 9.41 RCW:

    "(1) It is unlawful for an elementary or secondary school student under the age of twenty-one knowingly to carry onto public or private elementary or secondary school premises:

    "(a) Any firearm; or

    "(b) Any dangerous weapon as defined in RCW 9.41.250; or

    "(c) Any device commonly known as 'nun-chu-ka sticks' consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or

    [[Orig. Op. Page 11]]

    "(d) Any device, commonly known as 'throwing stars', which are multi-pointed, metal objects designed to embed upon impact from any aspect.

    "(2) Any such student violating subsection (1) of this section is guilty of a gross misdemeanor.

    "(3) Subsection (1) of this section does not apply to:

    "(a) Any student of a private military academy; or

    "(b) Any student engaged in military activities, sponsored by the federal or state governments while engaged in official duties; or

    "(c) Any student who is attending a convention or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; or

    "(d) Any student who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes conducted on the school premises."

    Thus, presumably, the primary objective of anything further which might be enacted on this subject at the local (county or city) level would be to reach, as well, the on-campus possession of firearms by other persons.5/ And, on that assumption, we turn now to the question as you have asked it.

    We first note, once more, your use of the term "firearm" in this question, as opposed to the term "handgun" in questions (1) and (2), above. To the extent that this is a broader term, encompassing all types of guns including, e.g., hunting rifles and the like, our research reveals nothing in state law which purports to license, or otherwise affirmatively permit, the possession or use of those larger firearms which do not fall within the definition of "short firearm" or "pistol" as set forth in RCW 9.41.010,6/ Therefore, it readily follows that a county or [[Orig. Op. Page 12]] city ordinance regulating those larger firearms would, generally speaking, be valid from the standpoint of the absence of any conflicting state law provision.7/

    Conversely, because of the existence of chapter 9.41 RCW we must turn to, and rely on, a different line of reasoning in responding to your third question as it relates to the authority of a county or city to pass an ordinance prohibiting the possession of a handgun (i.e., pistol, or short firearm) on public or private elementary, secondary or post-secondary school campus which are located within its jurisdiction. Here, in essence, the rationale for our response is basically much the same as was applied in our above‑noted 1979 opinion to Representative Rohrbach, regarding the possession of handguns in taverns or bars‑-although directed instead, in this instance, to school grounds. In our opinion, once again, the applicable provisions of chapter 9.41 RCW (read together) do not mean, or purport to say, that the issuance of a concealed weapons permit grants to its holder an unqualified right to be in possession of such a weapon at any time or any place within the state‑-any local police power regulations adopted pursuant to Article XI, 11 of the constitution to the contrary notwithstanding.

    Conclusion:

    It is our opinion, therefore, that a county or city ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance (unlike those covered by your first two questions) wouldnot be in conflict with state law under the applicable, Bellingham v. Schampera, test as above described.

    [[Orig. Op. Page 13]]

    This completes our consideration of your questions. It is hoped that the foregoing will be of assistance to you.

    Very truly yours,
    KENNETH O. EIKENBERY
    Attorney General

    PHILIP H. AUSTIN
    Deputy Attorney General
    ....................
    Last edited by EMNofSeattle; 08-06-2013 at 02:49 PM.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  20. #20
    Campaign Veteran ak56's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    There is an Attorney General Opinion that a city or municipal ordinance restricting carry on a post secondary school is lawful.... I'll get the opinion number next time I'm at the law library, I came across is while reading the annotated codebooks...

    AGO 1982 No. 14 - November 03, 1982

    This opinion was before the current State Preemption, so the reasoning given in it is no longer valid.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


    Talk to your cats about catnip - before it's too late.

  21. #21
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by ak56 View Post
    AGO 1982 No. 14 - November 03, 1982

    This opinion was before the current State Preemption, so the reasoning given in it is no longer valid.
    ah ok. got it
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  22. #22
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by rapgood View Post
    Is LWIT a state institution, or is it private?


    I'll bet they don't. However, if it is a privately owned institution, they may lawfully prohibit carrying. If it is a state institution, they may not. I think that OC on a public college campus may possibly be restricted (I haven't seen any case law on the subject, and the RCWs are ambiguous), but certainly not CC. My personal opinion is that NO state institution should be able to prohibit OC, but the courts don't necessarily agree with my position.
    It's a state owned college in this case. http://www.lwtech.edu/


    If it was a private college I would already know the answer to the question. ANY PRIVATE business can prohibit most anything the owner(s)/administrator(s) want to prohibit.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    "Has anybody ever OC'd at UW"

    Sorry, last time I was there (a few weeks ago) I was a "coward" and CC'd.

    Of course, my reason for being there was a reception at a summer educational conference my wife was attending, so drawing the slightest attention to myself for OC would have been a bit boorish, no?

  24. #24
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by rapgood View Post
    Is LWIT a state institution, or is it private?


    I'll bet they don't. However, if it is a privately owned institution, they may lawfully prohibit carrying. If it is a state institution, they may not. I think that OC on a public college campus may possibly be restricted (I haven't seen any case law on the subject, and the RCWs are ambiguous), but certainly not CC. My personal opinion is that NO state institution should be able to prohibit OC, but the courts don't necessarily agree with my position.
    Since it is a state college, would this prohibition be applicable to students? "Employees," from what I understand, can be restricted.

    I know that it cannot apply to visitors.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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