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Who wants to call?

swatspyder

Regular Member
Joined
May 25, 2009
Messages
573
Location
University Place, Washington, USA
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Chief of Police - John N. Vinson, Ph.D. - 206-543-0521
Assistant Chief Ray Wittmier - 206-616-2114


Video here:
http://www.kirotv.com/news/21452750/detail.html

We need people to inform the chief & assistant that guns save lives. And unless they will give every student a private security guard, then they need to stop telling people to disarm.

And someone tell the reporter to stop sensationalizing the report about expulsion.


And notify KIRO that their fact about every college in WA banning guns is false & they need to correct that statement.
 

.45ACPaddy

Regular Member
Joined
Oct 15, 2009
Messages
999
Location
Lakewood, WA
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She said that state law prohibits carrying a gun on any college campus in the state.

It's 100 percent pure bull. The law says primary and secondary schools, meaning K-12. Also, more guns are TOTALLY the answer! Do you really think a BG is gonna mug someone if they know they have a gun? Don't think so.
 

G27

Regular Member
Joined
Jun 29, 2007
Messages
573
Location
Kitsap County, Washington, USA
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I really do not think that including the part about expulsion is sensationalizing the story. If you are caught with a gun on campus at 95% of Washington's higher education institutions, even with a CPL, you will face a board of inquery and most likely be expelled from that institution. It's not a law, rather a WAC (Washington Administrative Code) that a student agrees to when s/he goes to university. Each school in their Student Code of Conduct book will have a reference to that specific WAC in their handbook.
 

Bobarino

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Joined
Mar 28, 2008
Messages
295
Location
Puyallup, Washington, USA
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the RCWs allow colleges to make their own WACs.

http://apps.leg.wa.gov/WAC/default.aspx?cite=478-120-020


UW's reads in part:

WAC 478-120-020

Standards of Conduct

(1) The university is a public institution having special responsibility for providing instruction in higher education, for advancing knowledge through scholarship and research, and for providing related services to the community. As a center of learning, the university also has the obligation to maintain conditions conducive to freedom of inquiry and expression to the maximum degree compatible with the orderly conduct of its functions. For these purposes, the university is governed by the rules, regulations, procedures, policies, and standards of conduct that safeguard its functions and protect the rights and freedoms of all members of the academic community.

(2) Admission to the university carries with it the presumption that students will conduct themselves as responsible members of the academic community. As a condition of enrollment, all students assume responsibility to observe standards of conduct that will contribute to the pursuit of academic goals and to the welfare of the academic community. That responsibility includes, but is not limited to:

........

(f) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on university premises, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university (see WAC 478-124-020 (2)(e)) (legal defense sprays are not covered by this section);

but then it goes on to say at the very bottom of the same section:

(6) Nothing herein shall be construed to deny students their legally and/or constitutionally protected rights.


a case could definitely be made in defense of carry a firearm in light of Heller, and hopefully soon, McDonald.
 

kparker

Regular Member
Joined
Nov 10, 2006
Messages
1,326
Location
Tacoma, Washington, USA
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Heck, we don't even need "Heller, and hopefully soon, McDonald"-- the Washington State Constitution itself provides all the right to carry that someone needs to challenge this.
 

MrGray

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Jul 9, 2009
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54
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So, let's suppose I am not a student at UW, nor am I employed there.

Further suppose I have a valid CPL, and carry a gun concealed onto the UW campus or UW property near the campus, and someone detects that I am carrying.

What is the penalty?
 

j2l3

Regular Member
Joined
Aug 18, 2007
Messages
871
Location
Seattle, Washington, USA
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MrGray wrote:
So, let's suppose I am not a student at UW, nor am I employed there.

Further suppose I have a valid CPL, and carry a gun concealed onto the UW campus or UW property near the campus, and someone detects that I am carrying.

What is the penalty?

There are no criminal sanctions for anyone carrying a gun on campus. There are administrative sanctions against students, staff and faculty. No sanctions against the general public other than being asked ot leave by a "uniformed UW Campus Police Officer." Refusal to leave could then result in a trespass charge.

The article doesn't say they are on campus. It said they are in the University Avenue area and other areas AROUND the campus.

I am NOT a lawyer.....


Reading the actual WAC 478 it lists conduct on 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.
 
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