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Gun Ban (Lewis County)

G

glock23

Regular Member
Joined
Jun 29, 2007
Messages
81
Location
Clark County, Washington, USA
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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
 
D

deanf

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Cite state preempition (sic) to them.
Click to expand...

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?
 
A

adamsesq

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, Oregon, USA
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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
 
D

deanf

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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.
 
Gray Peterson

Gray Peterson

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Lynnwood, Washington, USA
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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
Click to expand...
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.
 
A

adamsesq

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Joined
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, Oregon, USA
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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.
Click to expand...


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
 
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