imported post
deanf wrote:
Can you tell the Cops to "NOT" carry on your property? Irregardless, if they are investigating a crime, or if they just pop on over and say "Hi" to you and your family.
Off the top of my head, I would say this:
Cops, while on official duty, are The State. We have delegated the authority to carry guns to certain arms of The State via our form of government.
With cops, it's not about the right to carry a gun. The government doesn't have rights, it only has authority. Only the people have rights.
But to answer your question: No to the first part (investigating a crime, ie: in hot pursuit, or under exigent circumstances) and Yes to the second part, a social contact.
Now, I would ask you to defend any belief you have that there is an individual right to carry a gun on private property.
Hi deanf, thanks for the reply. Sorry bout not replying sooner. Been very busy lately.
If we're talking about "
shopping malls", you might want to consider this:
Do we have a Constitutional Right under the WA Constitution to bear arms? Yes. Ok.
Also depends on if the business in question has a policy of permitting or welcoming non-commercial, community or political activities onto the property. And "the scope of the invitation that the owner of the property has extended to the public"
Is the mall a Public Forum?
You might want to take a look at these cases. And AG Opinion.
http://www.sos.wa.gov/elections/pdf/AG
n_Political_Activity_at_Shopping_Centers.pdf
- Initiative 172 v. Western Washington Fair Association, 88 Wn. App. 579, 945 P.2d 761 (1997);
- Waremart Inc. v. Progressive Campaigns, Inc., 139 Wn.2d 623, 989 P.2d 524 (1999);
- Southcenter Joint Venture v. National Democratic Policy Committee., 113 Wn.2d 413, 780 P.2d 1282 (1989);
- Alderwood Associates v. Washington Environmental Council, 96 Wn.2d 230, 635 P.2d 108 (1981).
Can you apply Article I Section 24 as a Protected Right? I think you can. Can you apply it at the mall? Yes. Same way you can apply the Initiative Right guaranteed in the WA Constitution! (Article II Section 1) And Article I Section 5 (Free Speech)
Now, I'm not saying that this is how the WA SC would rule, I am merely saying that this same argument could be used. As in the previous cases.
Now, as far as Private Property goes. You might not agree with me, but this is how I see it.
I don't think that cops while on duty are the state. I simply don't think that statutory authority or statutory laws are above my Constitutional Rights, or better yet Unalienable Rights. My body, is MY PROPERTY. Just because I come onto private property doesn't mean they get to control my body.
Does me carrying interfere with your statutory property rights? If it does please explain? How are you injured? Heck, the mall could say "No Drugs" either and they probably already do say it, in their code of conduct. But how does this apply to say a diabetic, or asthma sufferer? Can't take your insulin, or inhaler in the mall cause hey you would be violating their code of conduct right? The mall would be liable. What about No blacks? Or Asians?
By your logic, how can the state occupy the entire field of firearms, except for the discharge and some other stuff, which I will not get into. But how can the state say, that say Seattle, which under the idiotic Mayor McCheeses argument that they are invoking a Private Property Right be wrong? So you agree with him? Not all of Seattle is Public Property, and there are conditions.Example; you cannot just walk into the mayors office, or the city council chambers, even though it is Public Property. How do YOU make the distinction?
I'm just invoking discussion, not trying to cause a problem....
What I thinkthat we might be differing on opinions is Open To The Public "Private Property" and Just Your Private Property, like your home. Please let me know if I am wrong.
XD
PS: If I'm invited or allowed to enter, irregardless of mall property or "Your" property there can be no conditions on my Constitutional Rights. If you don't like it, don't open your Property to me, or the Public at large. Now if I were to trespass illegally then yes,
Illegally is the question though. ie (Burglary) Codes Of Conduct do not obsolve me of my Constitutional Rights. Nor do they grant YOU the right to take them away.
