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firearm on WWU campus--forbidden ???

Z

zaitz

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It is in the news that a fellow was carrying at WWU and he was cited for carrying concealed without a permit, although the person who called police reported could see his firearm in his belt. If someone can see your firearm in the belt, then, it does not seem to be very concealed.

The news says "No one is allowed to carry a gun at Western except for police officers."

There is a group called campuscarry I think and there is also a washington state group agitating for change. I think I am part of their facebook page; or at least, I have posted to it.

z
 
M

mikeyb

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zaitz said:
If persons notice the handgun in your belt, how is it being called concealed?
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If he wears a jacket that covers it, but he leaves it open when he sits down.

Notice he was cited for CC w/o a permit, not carrying on campus, and has been trespassed. Should tell you something about the laws and the rules.
 
Freedom1Man

Freedom1Man

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Officers cited him, under state law, for carrying a concealed weapon without a permit on his person.
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Read the story, he has a CPL, he just didn't have it with him. So it was a citation.

However, do to the school being a government agency, the prohibition on campus carry would seem to violate the preemption law.

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J

Jeff Hayes

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Freedom1Man said:
Read the story, he has a CPL, he just didn't have it with him. So it was a citation.

However, do to the school being a government agency, the prohibition on campus carry would seem to violate the preemption law.

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Only Cities, Towns, Counties and Municipalities are preempted, WWU is the state.
 
D

deanf

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However, do to the school being a government agency, the prohibition on campus carry would seem to violate the preemption law.
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You mean the state constitution, right?

RCW based preemption is not the right argument in this case. WWU is an executive branch state agency. The state cannot preempt itself - that's a legal absurdity.

Constitutional preemption is the proper argument here.
 
T

The Big Dog

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Not legal the way I read WAC 516-52-020

Has anyone ever seen or read the below WAC ? In reading this WAC, it sounds to me like only duly appointed and commissioned law enforcement officers are allowed to carry on a college campus. Looks like not all gun laws are in RCW 9.41 as I thought they were.

WAC 516-52-020

Firearms and dangerous weapons.

(1) Only such persons who are authorized to carry firearms or other weapons as duly appointed and commissioned law enforcement officers in the state of Washington, commissioned by agencies of the United States government, or authorized by contract with the university, shall possess firearms or other weapons issued for their possession by their respective law enforcement agencies or employers while on the campus or other university-controlled property, including, but not limited to, residence halls. No one may possess explosives unless licensed to do so for purposes of conducting university-authorized activities relating to building construction or demolition.
(2) Other than the law enforcement officers or other individuals referenced in subsection (1) of this section, members of the campus community and visitors who bring firearms or other weapons to campus must immediately place the firearms or weapons in the university-provided storage facility. The storage facility is located at the university public safety department and is accessible twenty-four hours per day.
(3) If any member of the campus community or visitor wishes to bring a weapon to the campus for display or demonstration purposes directly related to a class, seminar, or other educational activity, permission for such possession may be applied for at the university public safety department, which shall review any such proposal and may establish the conditions of the possession on campus.
 
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Difdi

Difdi

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The Big Dog said:
Has anyone ever seen or read the below WAC ? In reading this WAC, it sounds to me like only duly appointed and commissioned law enforcement officers are allowed to carry on a college campus. Looks like not all gun laws are in RCW 9.41 as I thought they were.
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WACs only apply to state employees. They're basically the official handbook.

Jeff Hayes said:
Only Cities, Towns, Counties and Municipalities are preempted, WWU is the state.
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WWU is a state agency, yes. But they are not the state legislature, and lack the authority to make, modify or repeal laws.
 
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deanf

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WACs only apply to state employees. They're basically the official handbook.
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False. Take 296-54 WAC, SAFETY STANDARDS—LOGGING OPERATIONS, an example pulled at random.

It establishes safety standards for logging operations, that private employers must comply with.

There are plenty of other WACs that apply to private citizens as well.
[FONT=Open Sans, Helvetica, Arial, sans-serif]Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency.
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[/FONT]

[FONT=Open Sans, Helvetica, Arial, sans-serif]Of course they can't make rules in violation of the state constitution (the supreme preemption statute), but they will until challenged.


[/FONT]
 
M

mikeyb

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deanf said:



False. Take 296-54 WAC, SAFETY STANDARDS—LOGGING OPERATIONS, an example pulled at random.

It establishes safety standards for logging operations, that private employers must comply with.

There are plenty of other WACs that apply to private citizens as well.



Of course they can't make rules in violation of the state constitution (the supreme preemption statute), but they will until challenged.
Click to expand...


Anyone know what the penalty for violating a WAC is? I'm looking, and all I see are monetary fines.

A few years ago (I think discussed here, as well), a non-student entered one of the UW libraries with a gun in his pants. He was arrested and removed from the library. Turns out it was a BB gun. And naturally, the media drops any follow-up to if the man was charged with a crime or not.
 
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