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Thread: Looking to visit relative in State Corrections Facility any Suggestions?

  1. #1
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    Looking to visit relative in State Corrections Facility any Suggestions?

    I have corresponded with Coyote Ridge Corrections Center Superintendent and he has made it clear that he has no intention of complying with his responsibility to check my firearm as described in RCW 9.94.043 which reads. "PROVIDED FURTHER, That the provisions of this section do not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the correctional institution premises, proceeds directly along an access road to the administration building and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s) upon leaving, but he or she must immediately and directly depart from the premises"

    His response to the above RCW and a request on procedures to "safely" check my arms: "We are not legally mandated to accommodate or accept weapons for safe storage or to provide permission to authorize visitors to bring firearms onto prison grounds. I cannot provide you the information that you request as the procedures you request do not exist. I am sorry that I cannot help you as you request."

    So as not to stir suspicion upon visiting my relative I elected to enter the grounds on foot (so as to avoid an unnecessary search of my vehicle and to avert suspicion that I might be exercising my right to posses a firearm)

    Well, after a lengthy entrance and what I would describe as a "shakedown" which ended with an interrogation by the Lieutenant and Sergeant on duty, I was allowed in.

    I am planning a future visit and for security reasons, I would like to
    1. enter with my vehicle 2. OC to the admin building 3. Have my firearm checked 4. Reclaim my firearm upon leaving, and immediately and directly depart from the premises.

    I am worried that my actions while fully legal; may be interpreted as illegal, and I do not want to risk spending a night in jail.

    Any suggestions?

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94.043

    http://apps.leg.wa.gov/rcw/default.a...9.94&full=true
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    RCW 9.94.043
    Deadly weapons Possession on premises by person not a prisoner Penalty.


    A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the first degree if, without authorization to do so, the person knowingly possesses or has under his or her control a deadly weapon on or in the buildings or adjacent grounds subject to the care, control, or supervision of a state correctional institution. Deadly weapon is used as defined in RCW 9A.04.110: PROVIDED, That such correctional buildings, grounds, or property are properly posted pursuant to RCW 9.94.047, and such person has knowingly entered thereon: PROVIDED FURTHER, That the provisions of this section do not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the correctional institution premises, proceeds directly along an access road to the administration building and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s) upon leaving, but he or she must immediately and directly depart from the premises.

    Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.

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    Moderator / Administrator Grapeshot's Avatar
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    Ah so - procedure ≠ statute.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member sudden valley gunner's Avatar
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    There is a thread dealing with Jails somewhere in our state threads. It is preempted if the conditions are met. Try a search mate, and welcome to the forum.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
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    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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    The applicable RCW, 9.94.043, does specify that the correctional facility must maintain accommodations to secure privately owned firearms of those persons visiting the facility. It just lays out that if one is properly licensed, by following the provisions in the statute, they would not be committing a crime. If upon reaching the appropriate office as specified in the RCW you find they do not have the means for you to secure your firearm, then you depart as per the RCW. Unlike the RCW covering court houses, which states that a means to secure a weapon/firearm will be made available, RCW 9.94.043 does not include such language.

    One can debate that 9.94.043 reasonably infers that a method to secure a firearm should exist, but one can also debate that the law does not specifically state this and therefore does not bind the facility to provide and in this argument one can point to the RCW governing courts and firearms as reference showing where the state intends to state such requirement it does so therefore the absence of such language in 9.94.043 would be construed that the state did not have the intention of mandating that correctional facilities must maintain the means to or even provide this service. This RCW only serves to protect one who meets the provisions of the statute from not being considered a criminal for entering the grounds with a firearm.

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    Last edited by Zohan; 06-29-2014 at 04:25 PM.

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    So, "and promptly checks his or her firearm(s) with the appropriate authorities" is merely eye-wash? That would be interesting if your Rules of Construction support such.

    Having taken a moment to peruse Chapter 1.12 RCW: Rules of Construction and finding nothing on point, I suspect that it was your Legislatures' intent to check one's firearm.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=1.12
    Last edited by Nightmare; 06-29-2014 at 04:44 PM.
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    Opt-Out Members BigDave's Avatar
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    Clearly this is an attempt that a government agency refusing to follow state law when their in the business of applying state law!

    I have been in contact with Rep Charles Ross on this issue before and again in the past few weeks. I have requested a formal AG opinion on this very issue.
    I would suggest others contact his office as well in support of an AG opinion as it seems he tends to let sleeping dogs lay, he is also up for an elected office in Yakima Auditor Race which might be an incentive for him moving this ahead. http://houserepublicans.wa.gov/charles-ross/contact/

    Our laws are written to prohibit certain acts not to allow them so unless it is spelled out as being illegal it is.
    This case of RCW 9.94.043 spells out a restriction of firearms and voids it concerning one in possession of a CPL, so it is legal and no legal position to denied you access.

    I also take note of the capitalized "PROVIDED FURTHER" has added a greater emphasize on, "PROVIDED FURTHER, That the provisions of this section do not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the correctional institution premises, proceeds directly along an access road to the administration building and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s) upon leaving, but he or she must immediately and directly depart from the premises."

    Also note the directions to promptly checks his or her firearm/s that is not may check it is checks! It specifically states what is to occur and the Superintendent is likely acting out of direction from DOC Headquarters which is wrong on their stance.

    I would have taken this farther in the past but my brother avoided prison time thus I did not have the ability to visit an inmate to proceed, Sjzupe you have the perfect opportunity from the positions of employment you hold and an inmate currently incarcerated.
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  9. #9
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94.043

    http://apps.leg.wa.gov/rcw/default.a...9.94&full=true
    Does not apply as it would have to be illegal and with a cpl it is legal.
    Last edited by BigDave; 06-29-2014 at 04:51 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    In most jails I thought not even cops or DAs can carry their weapons while inside, only the guards can. So what does this superintendent do for those visitors?

  11. #11
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by randian View Post
    In most jails I thought not even cops or DAs can carry their weapons while inside, only the guards can. So what does this superintendent do for those visitors?
    In a public area it is legal to carry and even law enforcement is very limited in restricted areas of a jail or prison.

    RCW 9.41.300
    Weapons prohibited in certain places Local laws and ordinances Exceptions Penalty.


    (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

    (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

    Also refer to RCW 9.94.043 which explains it quite well.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Quote Originally Posted by BigDave View Post
    In a public area it is legal to carry and even law enforcement is very limited in restricted areas of a jail or prison.
    That's not my point. I assume that they have some procedure for checking in and storing LEO firearms when they visit a prison, since as you say even LEOs are limited in restricted areas, which visitor rooms certainly are. Since they must have a procedure for LEOs, how can they say that have no procedure for private citizens?

  13. #13
    Opt-Out Members BigDave's Avatar
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    Yes they have areas in a jail and prison settings for law enforcement and some extend it to attorneys.
    City and County of Yakima now have lockers for citizens do to my efforts.


    Sent from my iPhone using Tapatalk
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  14. #14
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by BigDave View Post
    Yes they have areas in a jail and prison settings for law enforcement and some extend it to attorneys.
    City and County of Yakima now have lockers for citizens do to my efforts.


    Sent from my iPhone using Tapatalk
    +1
    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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