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Thread: concealed or open carry

  1. #1
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    A friend of mine asked me if concealed carry is legal in colleges or open carry also I told him I did not think so but since Wa is a green state I said I would go on this website and ask. I think concealed carry would be but I have no clue... Thanks a bunch

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    Regular Member massivedesign's Avatar
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    The colleges set the rules. As far as I know.. All except one is anti carry (OC or CC), and that is SPSCC. They allow you to CC.
    www.WaGuns.org

    Currently mapping locations of Shooting Areas as well as Gun Stores - Let me know what is missing!

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    Regular Member killchain's Avatar
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    Colleges will have their "Firearms policies" that you do have to obey. It's unfortunate, I know, but what can you do.

    ...unless your school bag is an old RTO backpack and has a convenient hidey hole pouch for a BUG.

    This is by no way legal advice and any further questions you should consult a lawyer.
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    Regular Member swatspyder's Avatar
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    Clover Park Technical College allows carry if "licensed by the state."

    Technically, you don't have to be licensed to carry openly, so... that really isn't in their rules.

    But I CC with a CPL and have only OC'd it once so far when playing table tennis in a closed off room and with limited contact. :? Don't want them to go psycho and drop me from the program I am in.

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    Regular Member sudden valley gunner's Avatar
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    I personally know a few who conceal. Better to be kicked out of school after defending your life than dead.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Concealed carry with a permit on a college campus in Washington is not criminal, although you may be violating their "rules." Colleges don't get to decide what constitutes a crime on their property.

    If caught, you can be expelled or disciplined as a student, or trespassed as a non-student.

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    It IS actually against the law to carry on the GRCC campuses. WAC listed below. Others might want to check for similar Codes.
    Violation seems to cap out at expulsion.
    How ever someone told me there is a RCW that says any violation of a WAC is also considered a Gross misdemeanor. (I have not found that one yet.)

    WAC 132J-125-150
    Firearms/explosives.
    Any student who, while in any college facility or participating in a college-related program, uses or has on his/her person firearms or explosive materials, without written permission of the vice-president for marketing and student development or vice-president's designee, shall be subject to discipline.


    I am actually going to go in and make an appointment with the vice-president for marketing and student development; and request both verbally and in writing to be allowed to retain my firearm on the basis that...
    1) They do not offer a location to secure it
    2) My vehicle would be unsafe based on their car prowl record
    3) It would be irresponsible for me to leave it unattended in my vehicle for several hours at a time.
    4) The Seattle Raceway parking location is remote and open to public access, which increases the possibility of vehicle prowl.
    5) Because my vehicle is not located in ease of access to my location, I can not control or respond to an incident involving my vehicle in a timely manner.
    6) Both State and Federal Governments have concluded that I am fully capable of proper and logical judgment when possessing a firearm.
    7) There would be no impact on the daily activities of the other students as the firearm would be concealed and rendered safe in accordance with Washington State Concealed Carry Laws. (RCW 9.41)
    Because of these factors, the firearm is safer with me than being located in my vehicle.

    My biggest concern is item 1...They might try and say that I can go to the Safety desk and leave the firearm there.
    To which I rebut, "Is there a dedicated locking device there which only I have access too?"

    What do you think my chances are?

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    The WAC is a "rule" and does not make it criminal to possess a firearm. Note that the WAC only states that students shall be subject to discipline. Not arrest, not prosecution. Very different than a public K-12 school, where it is a criminal offense to possess a firearm. Violating a WAC is like violating a park rule that says your dog has to be on a leash.

    They may allow you to leave your firearm at security, but they won't have a secure lock box for it. You will have to hand it over to some authorized person. In general, I'd say the risk of leaving it in your car is worth saving the hassle. Get a COM safe and secure it to the floor under the seat.

    Once you ask, they will have you identified as a person who goes about armed, and they may think they have probable cause to search your vehicle. Concealed is concealed.

    Charles

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    Charles Paul Lincoln wrote:
    Concealed carry with a permit on a college campus in Washington is not criminal, although you may be violating their "rules." Colleges don't get to decide what constitutes a crime on their property.

    If caught, you can be expelled or disciplined as a student, or trespassed as a non-student.
    This.

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    Charles Paul Lincoln wrote:
    a public K-12 school, where it is a criminal offense to possess a firearm
    The law makes no distinction between public vs. private schools.

    With a CPL it's legal to have a firearm in a vehicle when picking up/dropping off a student, conducting legitimate business at the school, etc.

    For non-LEO it's only completely off-limits to carry into the buildings, and certain other places (facilities used for school activities, etc).

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    Have you seen some of the people that go to college these days? Gang bandannas of different colors hanging out the back pockets and all that stuff.. it's crazy. Wouldn't surprise me if a few of them were carrying (illegally of course) themselves.

    On a serious note, I know a few people that do carry when they go to class and I don't blame them. There are some serious safety issues at our school that go unresolved and it is only a matter of time before something very unfortunate happens.

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    Regular Member trevorthebusdriver's Avatar
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    G27 wrote:
    Have you seen some of the people that go to college these days? Gang bandannas of different colors hanging out the back pockets and all that stuff.. it's crazy. Wouldn't surprise me if a few of them were carrying (illegally of course) themselves.
    Wait a minute. Bangers go to college? Didn't they see the sign?

    "PANTS MUST BE THIS HIGH TO GO TO COLLEGE."

  13. #13
    Regular Member amzbrady's Avatar
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    trevorthebusdriver wrote:
    G27 wrote:
    Have you seen some of the people that go to college these days? Gang bandannas of different colors hanging out the back pockets and all that stuff.. it's crazy. Wouldn't surprise me if a few of them were carrying (illegally of course) themselves.
    Wait a minute. Bangers go to college? Didn't they see the sign?

    "PANTS MUST BE THIS HIGH TO GO TO COLLEGE."
    LMFAO, now I have to let my keyboard drip dry. I'm gonna make a sign and next time I visit my son, I put it at the door of the college near him at northgate.
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    Campaign Veteran gogodawgs's Avatar
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    When I was at the UW in the mid 90s, I CC'd.

    Small BUG but still carried, safely.
    Live Free or Die!

  15. #15
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    IMO when dealing with guns on campus concealed means concealed. It may be against the "rules" but is not in violation of the law. My school has a no guns policy but I CC'd a XD45 daily in a good IWB holster. I knew (they have all graduated now) folks from both UW and WSU who would carry on campus everyday.

  16. #16
    Regular Member Lammo's Avatar
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    H2OBouget wrote:
    SNIP

    How ever someone told me there is a RCW that says any violation of a WAC is also considered a Gross misdemeanor. (I have not found that one yet.)

    SNIP
    Your source may have been thinking of RCW 9A.20.010:

    (1) Classified Felonies. (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it.
    (b) For purposes of sentencing, classified felonies are designated as one of three classes, as follows:

    (i) Class A felony; or
    (ii) Class B felony; or
    (iii) Class C felony.

    (2) Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

    (b) All crimes other than felonies and misdemeanors are gross misdemeanors.

    (emphasis added)

    The key word above is statute. WACs are rules. They are not statutes. Where the college/university rules on firearms are contained in the student code of conduct (see e.g. WAC 504-26 for WSU) they only apply to students. There are some college/university WACs that purport to prohibit firearms generally on campus. I believe, but cannot prove, that these rules are void under RCW 9.41.290 and .300. I can't find anything in the WAC that makes a WAC violation a crime. [PS - there is a traffic code provision that says that if a violation isn't specified as a felony or misdemeanor then it is an infraction. RCW 46.64.050.]

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