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encounter at the airport

jddssc121

Regular Member
Joined
May 21, 2008
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Yes. I emailed their counsel 2 days ago asking for an updated on their rules and the AG opinion. I was told they have pending litigation and that they could not comment further.
 

astraflyr

Regular Member
Joined
Dec 16, 2008
Messages
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Location
Banks, or, ,
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I know someone who previously owned a $6386 dollar empty pistol magazine that went through security.:uhoh: ouch.
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
imported post

-----Original Message-----
From: Bill Starks [mailto:xxxxxx]
Sent: Tuesday, May 05, 2009 9:47 AM
To: Mailbox, Aviation-Internet
Subject: weapons carry at the airport



I am a Washington resident with a concealed pistol license. I have
read the Washington RCW (9.41.300) and it says that I am allowed to
carry my weapon in the non-secure areas of the airport. Have there
been any changes due to TSA regulations and heightened
security procedures? Am I still legal to carry my weapon at the
airport if I am dropping someone off or picking them up?


Thank you,
Bill Starks




At 03:38 PM 5/8/2009, Paul M. Bintinger wrote:
Mr. Starks:

The Port of Seattle, by General Rule 16.a. of the Sea-Tac International
Airport Schedule of Rules and Regulations No. 4, prohibits the carrying of
firearms at the airport other than by fully commissioned law enforcement
officers. You can find the Schedule of Rules and Regulations No. 4 on the
Port's website, www.portseattle.org. This rule applies throughout the
Airport terminal, including non-sterile, non-secure areas.

The Port of Seattle adopted this rule to ensure the comfort and safety of
all persons visiting the Airport. Unfortunately, large transportation hubs
such as the Airport have become a primary target for terrorist activities.
The Port believes that this rule helps mitigate against such threats and, by
limiting possession of weapons to law enforcement officers and other
personnel authorized by the Port, promotes peace of mind among the traveling
public.

While we do not actively look for persons carrying firearms in non-sterile,
non-secure areas, if someone carrying a firearm does come to our attention,
he or she may be asked to leave the terminal and secure the firearm before
returning.

Sincerely,

Paul M. Bintinger
Senior Port Counsel
Port of Seattle


On 5/8/09 4:23 PM, "Bill Starks" wrote:

Mr. Bintinger,
You might want to have your legal team re-read RCW 9.41.290 - Since
when does a "rule" override a state law? Washington state adopted
preemption in 1994 for which you as a municipality fall under.

Thank you for you time. I eagerly await your response on rules over law.

Bill Starks


At 09:58 AM 5/12/2009, Paul M. Bintinger wrote:
Mr. Starks,
We are aware of the statute that you reference and believe that our rule is consistent; we have not criminalized the possession of a firearm contrary to RCW 9.41.290. We respectfully decline to comment further our on reasoning. We recently receive a claim related to the possession of a weapon at the Airport and believe litigation on this issue is likely.
Paul M. Bintinger Senior Port Counsel Port of Seattle
 

astraflyr

Regular Member
Joined
Dec 16, 2008
Messages
29
Location
Banks, or, ,
imported post

Carrying a firearm outside a sterile area was just cleared up a few months ago in Portland. They were trying to say their "rule" was above state law. Does anyone have that series of letters or an article on that subject? I can't remember where to find it.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
imported post

M1Gunr wrote:
-----Original Message-----
From: Bill Starks [mailto]
Sent: Tuesday, May 05, 2009 9:47 AM
To: Mailbox, Aviation-Internet
Subject: weapons carry at the airport



I am a Washington resident with a concealed pistol license. I have
read the Washington RCW (9.41.300) and it says that I am allowed to
carry my weapon in the non-secure areas of the airport. Have there
been any changes due to TSA regulations and heightened
security procedures? Am I still legal to carry my weapon at the
airport if I am dropping someone off or picking them up?


Thank you,
Bill Starks




At 03:38 PM 5/8/2009, Paul M. Bintinger wrote:
Mr. Starks:

The Port of Seattle, by General Rule 16.a. of the Sea-Tac International
Airport Schedule of Rules and Regulations No. 4, prohibits the carrying of
firearms at the airport other than by fully commissioned law enforcement
officers. You can find the Schedule of Rules and Regulations No. 4 on the
Port's website, http://www.portseattle.org. This rule applies throughout the
Airport terminal, including non-sterile, non-secure areas.

The Port of Seattle adopted this rule to ensure the comfort and safety of
all persons visiting the Airport. Unfortunately, large transportation hubs
such as the Airport have become a primary target for terrorist activities.
The Port believes that this rule helps mitigate against such threats and, by
limiting possession of weapons to law enforcement officers and other
personnel authorized by the Port, promotes peace of mind among the traveling
public.

While we do not actively look for persons carrying firearms in non-sterile,
non-secure areas, if someone carrying a firearm does come to our attention,
he or she may be asked to leave the terminal and secure the firearm before
returning.

Sincerely,

Paul M. Bintinger
Senior Port Counsel
Port of Seattle


On 5/8/09 4:23 PM, "Bill Starks" wrote:

Mr. Bintinger,
You might want to have your legal team re-read RCW 9.41.290 - Since
when does a "rule" override a state law? Washington state adopted
preemption in 1994 for which you as a municipality fall under.

Thank you for you time. I eagerly await your response on rules over law.

Bill Starks


At 09:58 AM 5/12/2009, Paul M. Bintinger wrote:
Mr. Starks,
We are aware of the statute that you reference and believe that our rule is consistent; we have not criminalized the possession of a firearm contrary to RCW 9.41.290. We respectfully decline to comment further our on reasoning. We recently receive a claim related to the possession of a weapon at the Airport and believe litigation on this issue is likely.
Paul M. Bintinger Senior Port Counsel Port of Seattle

I wonder if Mr Bintinger has read the AG's opinion that in part states:

In our judgment, a city does not have the authority to generally prohibit the possession of firearms on city property except to the extent authorized by RCW 9.41.290. Even in the case of criminal trespass, a member of the public is only required to comply with “lawful conditions”. RCW 9A.52.090(2). Prohibiting possession of firearms on city property would not be a lawful condition, because RCW 9.41.290 preempts the power of a city to impose such a prohibition.



The term "City" would no doubt apply to the Port of Seattle as a governmental unit.
 
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