imported post
My opinion is that the WAC at the UW is only enforceable on the general public in that the UW Policecan ask you to leave. If you refuse, they can trespass you. My reasoning is listed below. Of course, I am NOT a lawyer, so doing your own research and coming to your own conclusions is recommended.
Conduct on the UW campus.
478-124-020 lists prohibited conduct, one of which is possession of weapons on campus.
478-124-030 lists sanctions for violations.
(1) Any person while on the university campus who willfully refuses the request of a uniformed campus police officer to desist from conduct prohibited by these rules may be required by such officer to leave such premises.
(2) Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff or students who violate these rules, in accordance with the applicable disciplinary codes or other appropriate due process procedures.
(3) Sanctions which may be imposed against faculty are set forth in the University of Washington Handbook, Volume II, Chapter 25, Sections 25-51 and 25-71.
(4) Sanctions which may be imposed against students are set forth in WAC 478-120-040.
(5) Sanctions which may be imposed against classified staff are set forth in the relevant University of Washington labor contract for contract-classified staff, and in Title 357 WAC and applicable university policy for classified nonunion staff.
(6) Sanctions which may be imposed against the professional staff are set forth in the University of Washington Professional Staff Program.
(7) Violation of any of the above regulations may also constitute violation of the criminal laws or ordinances of the city of Seattle, State of Washington, or the United States and may subject a violator to criminal sanctions in addition to any sanctions imposed by the university.
Nowhere are criminal penalties mentioned, because there are none. Staff and students can be sanctioned. Anyone else can be asked to leave. Refusal then would fall under criminal trespass statutes.
Laws do not tell us what we can do, they tell us what we cannot do. If there is no law against something, then it is by default, legal activity.
Going a step further:
RCW 9.41.280 Possessing dangerous weapons on school facilities – penalty – exceptions
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school provided transportation, or areas of facilities while being used exclusively by public or private schools:
This RCW doesn’t apply to the university because it is not a primary or secondary school.
RCW 9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.
Nowhere in this RCW does it mention schools at all, let alone universities. Therefore it also does not apply.
Therefore, there is no criminal penalty for possession of a firearm on campus. There are sanctions against students and staff, but not on other citizens other than asked to leave and then charged with criminal trespass if they refused to leave campus when directed by the campus police.
Technically, Seattle PD cannot ask one to leave the campus for weapons possession. The WAC says specifically a uniformed campus police officer must make the request.
