City Park and School next to each other

n2it2010 · Oct 22, 2013

This is more of a concealed Carry Question (sorry) but I imagine it would apply to open carry as well.

In reviewing this site I've surmised that the City Parks sign that says no weapons and cites a muni ordnance (Federal Way Revised Code: chapter 4.05) is pretty much invalid. But with a city park and a school next to each other, is it legal to carry (concealed with CPL or open) in the park? What is the defining line between the park and the school?. I understand there is a Federal Law that might apply to this situation reading some of the other post?

In my case, I am using the track at the park, never during school hours, and I've yet to see any school related activities on the fields that are on park property while I have used the facility. Since the sign is on the track, its clear that it is part of the park, and not the school. Is there a department within the city I should call for clarification?

With concealed carry I doubt anyone would even know but I am carrying in a 5.11 shirt with shoulder holster/pouch built in, and when I am jogging obviously there is movement within the pouch/holster that might be visible... I have not had an issue and doubt I ever would, but would like to know where I stand in relationship to the law in this situation.

Thanks for the Input - J

btw... an irony... I concealed carried at the Texas State Fair weekend before last... just showed my Washington Permit to the police officer at the entry gates and bypassed the metal detectors.. but that same permit is not valid at the Washington State Fair... go figure...

EMNofSeattle · Oct 22, 2013

n2it2010 said:
This is more of a concealed Carry Question (sorry) but I imagine it would apply to open carry as well.

In reviewing this site I've surmised that the City Parks sign that says no weapons and cites a muni ordnance (Federal Way Revised Code: chapter 4.05) is pretty much invalid. But with a city park and a school next to each other, is it legal to carry (concealed with CPL or open) in the park? What is the defining line between the park and the school?. I understand there is a Federal Law that might apply to this situation reading some of the other post?

In my case, I am using the track at the park, never during school hours, and I've yet to see any school related activities on the fields that are on park property while I have used the facility. Since the sign is on the track, its clear that it is part of the park, and not the school. Is there a department within the city I should call for clarification?

With concealed carry I doubt anyone would even know but I am carrying in a 5.11 shirt with shoulder holster/pouch built in, and when I am jogging obviously there is movement within the pouch/holster that might be visible... I have not had an issue and doubt I ever would, but would like to know where I stand in relationship to the law in this situation.

Thanks for the Input - J

btw... an irony... I concealed carried at the Texas State Fair weekend before last... just showed my Washington Permit to the police officer at the entry gates and bypassed the metal detectors.. but that same permit is not valid at the Washington State Fair... go figure...

The defining line would be the property line dividing the parcel containing the park and the parcel containing the school....

Washington law restricts the school and grounds, not a zone extending from the grounds.

Bill Starks · Oct 23, 2013

As to the park, carry on.... However,

AGO Opinion 1994 No. 1
http://www.atg.wa.gov/AGOOpinions/opinion.aspx?section=archive&id=9238#.Umd0RfnVBv8

For these reasons, we believe the term "used exclusively" in RCW 9.41.280 refers to sole use, possession, or control of a facility, regardless of the duration of the use.

School Zone Info...

The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)
(B) Subparagraph (A) does not apply to the possession of a firearm—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

dakatak87 · Oct 23, 2013

I assume you are talking about the "Washington State" Fair in Puyallup. Here is a link to the discussion about it.

http://forum.opencarry.org/forums/s...unds-Puyallup&highlight=washington+state+fair

My two cents: The fair does not have metal detectors. The fair is on private property and they post that no weapons allowed. I do not have a CPL, so open carry will not get me in the gate. If you are properly concealed carrying, then no one will know you have a firearm. The most they can do is ask you to leave. Would you want to be in a heavily populated public (GFSZ) event without your personal protection? There is minimal police/security which leaves the ratio of people to LEO in bad odds for an emergency situation. I now choose not to go to the fair until I can either open carry there or conceal carry legally.

slapmonkay · Oct 23, 2013

n2it2010 said:
This is more of a concealed Carry Question (sorry) but I imagine it would apply to open carry as well.

In reviewing this site I've surmised that the City Parks sign that says no weapons and cites a muni ordnance (Federal Way Revised Code: chapter 4.05) is pretty much invalid. But with a city park and a school next to each other, is it legal to carry (concealed with CPL or open) in the park? What is the defining line between the park and the school?. I understand there is a Federal Law that might apply to this situation reading some of the other post?

In my case, I am using the track at the park, never during school hours, and I've yet to see any school related activities on the fields that are on park property while I have used the facility. Since the sign is on the track, its clear that it is part of the park, and not the school. Is there a department within the city I should call for clarification?

With concealed carry I doubt anyone would even know but I am carrying in a 5.11 shirt with shoulder holster/pouch built in, and when I am jogging obviously there is movement within the pouch/holster that might be visible... I have not had an issue and doubt I ever would, but would like to know where I stand in relationship to the law in this situation.

Thanks for the Input - J

btw... an irony... I concealed carried at the Texas State Fair weekend before last... just showed my Washington Permit to the police officer at the entry gates and bypassed the metal detectors.. but that same permit is not valid at the Washington State Fair... go figure...

When I lived in Monroe I used to frequent the park, lake, side walk next to the grade school open carry without issues (even when school was being let out and parents were around). You are technically within the federal gun free zone (FGFZA) if you are within 1000 feet of the school property, however you are except from such zones if you have a state issued CPL. Additionally, the FGFZA is a federal law in which would require a federal officer to enforce. The state law simply restricts you from school property (unless picking up or dropping off student) and school buildings. Assuming the track is in fact part of the park system and not the schools then you should be fine.

I am not a lawyer, you should verify property/parcel ownership and contact a lawyer if you need a real opinion.

MattinWA · Oct 23, 2013

I believe it had been mentioned before that to washington state, the term weapons does not mean firearms.

City Park and School next to each other

n2it2010

New member

EMNofSeattle

Regular Member

Bill Starks

State Researcher

dakatak87

Regular Member

slapmonkay

Campaign Veteran

MattinWA

Regular Member