joeroket wrote:
There would be no conviction based on a firearms violation. Colleges can enact a WAC but it is simply a rule and there is no criminal penalty other than refusing to leave the grounds when ordered to.
Also there is no method for "overturning" an AGO opinion because it does not require it. An AG opinion carries no weight of law and is not binding on any party or court. It is simply his opinion and interpretation of the law.
I believe you are sadly mistaken about an "opinion" of the Attorney General. The "opinion" of the AG is just as legallyvalid to Washington State Case Law as the "opinion" of a U.S. Attorney General applies to the U.S.C.
Read this: (clickable link with applicable text italicized below)
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The Washington Attorney General, as the chief law officer of the state, provides official opinions on questions of law at the request of designated public officials on issues arising in the course of their duties. [/align]
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While these formal legal opinions are not binding in any way, they have historically been given "great respect" and "great weight" by the courts.[/align]
To discount the "opinion" of the AGO of Washington State as simply a guy's opinion is extremely foolish, unless you're absolutely certain that the Washington StateSupreme Court is going to bat for you. (Which is folly of the highest order.)
Furthermore, I spoke to a Washington State Employee who enforces andapplies the WACon a daily basis as part of his job requirement and he informed me that for all legal purposes in his line of work the WAC isimplemented aslaw. Furthermore, the WAC is considered an enhancement and clarification of the RCW, just as the RCW enhances and clarifies the State Constitution.Washington State agenciesalso have policies, procedures, and guidelines that are subordinate to and originate from the WAC. Therefore, Stateoffices relyheavily on the WAC and seldom refer to (or need to refer to) the RCW for clarification. In essence, in his office, the WAC is their operating law.
With that in mind, discouting the WAC as simply some administrative code with no legal bearing for punitive effect is very foolish. A firearm related WAC violation on campus willalmost certainlybe considered an RCW violation for unlawful carry on a school campus, despite the lack of "weapons free zone" signs and despite the fact that it's not a K-12.