Results 1 to 12 of 12

Thread: Gun Ban (Lewis County)

  1. #1
    Regular Member
    Join Date
    Jun 2007
    Location
    Clark County, Washington, USA
    Posts
    81

    Post imported post

    I was in Chehalis yesterday and was in their little mall off of NE Hampe Way and seen a sign in the WorkSource center that said NO FIREARMS even with a permit or something to that affect. Well looks like WorkSource is a state agency, anyone have any info on this one. I have contact info for them I was thinking about fireing a e-mail to them.



    Administrator: Sandy Crews

    151 NE Hampe Way

    P.O. Box 1187

    Chehalis, wa 98532

    (360)748-2360 E-mail sacrews@esd.wa.gov

  2. #2
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291

    Post imported post

    The worksource office in Lakewood tried the same thing. I sent out a few email and the sign has been removed.

  3. #3
    Regular Member
    Join Date
    May 2007
    Location
    Union, Washington, USA
    Posts
    3,256

    Post imported post

    The different agencieswill do this illegal crap until they get called on it. Then the signs disappear.

  4. #4
    State Researcher
    Join Date
    Aug 2007
    Location
    Olympia, WA, ,
    Posts
    3,201

    Post imported post

    Illegal. Cite state preempition to them.

  5. #5
    Regular Member
    Join Date
    Feb 2007
    Location
    N47 12 x W122 10
    Posts
    1,762

    Post imported post

    Cite state preempition (sic) to them.
    Friendly contrarian checking in.

    I'm not sure state preemption is the proper argument here. How can the state preempt itself?

    The Washington Employment Security Department (parent agency of the office in question) is part of the executive branch of state government. 9.41.290 makes no mention of the executive branch of government being preempted.

    I think the more technically correct argument would be that the ESD has no authority in law for such a rule, not to mention the state constitutional violation.

    This is the same as guns in the capitol building. If I'm not mistaken, they tried to ban them, we fought back, and won. What argument was used then?



  6. #6
    Regular Member
    Join Date
    Oct 2008
    Location
    , Oregon, USA
    Posts
    367

    Post imported post

    I am not as familiar with Washington law as I am with Oregon, so someone please correct me if I am wrong - Lonnie? But...

    Preemption is generally more about who gets to make the rule, not as much what "level" of government. Yes, they may be a state agency but they are not the legislature. Preemption says only the legislature gets to make such a rule (law) and any rule (or law) made by any other agency (whether at the state or any other level) is invalid.

    -adamsesq

  7. #7
    Regular Member
    Join Date
    Feb 2007
    Location
    N47 12 x W122 10
    Posts
    1,762

    Post imported post

    Our law specifically preempts only cities, towns, counties, and other municipalities. An executive branch department is none of those.

    Again, it's still wrong. The ESD has no authority in law for such rules, and they are a constitutional violation. I'm all for making arguments that these gun bans are illegal, but let's make the correct arguments.

  8. #8
    State Researcher
    Join Date
    Aug 2007
    Location
    Olympia, WA, ,
    Posts
    3,201

    Post imported post

    The state altrady lists where it is illegal to carry. I can carry in the Legislative Building, so why not worksource?

  9. #9
    Regular Member
    Join Date
    Feb 2007
    Location
    N47 12 x W122 10
    Posts
    1,762

    Post imported post

    Exactly. That which is not specifically prohibited is permitted.

  10. #10
    State Researcher
    Join Date
    Aug 2007
    Location
    Olympia, WA, ,
    Posts
    3,201

    Post imported post

    Pretty much. Private property of course may post as they please but a state agency is bound by state law.

  11. #11
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238

    Post imported post

    adamsesq wrote:
    I am not as familiar with Washington law as I am with Oregon, so someone please correct me if I am wrong - Lonnie? But...

    Preemption is generally more about who gets to make the rule, not as much what "level" of government. Yes, they may be a state agency but they are not the legislature. Preemption says only the legislature gets to make such a rule (law) and any rule (or law) made by any other agency (whether at the state or any other level) is invalid.

    -adamsesq
    Well, the law only preempts localities. State agencies are covered in a different way, more specifically:

    Going beyond the authority granted it, violating RCW 9.41.070, and violation of the state constitution.

  12. #12
    Regular Member
    Join Date
    Oct 2008
    Location
    , Oregon, USA
    Posts
    367

    Post imported post

    Lonnie Wilson wrote:
    Well, the law only preempts localities. State agencies are covered in a different way, more specifically:

    Going beyond the authority granted it, violating RCW 9.41.070, and violation of the state constitution.

    Thanks Lonnie - as I said I am better aware of Oregon's laws but am quickly coming up to speed on Washington's as well. This group is awesome and the Washington forum is much more active than the Oregon one...have to do something about that!



    -adamsesq


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •