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Lawful Carrying Of Weapons Act
Purpose:
The following bill comes in response to violations by local governments of RCW 9.41.300, the Preemption Statute, and also in response to incidents of harassment by law enforcement aimed at people who lawfully carry weapons, especially those who carry pistols openly. It is aimed at addressing illegal conduct by public officials.
Findings:
The right to carry a firearm for protection in Washington State is protected from government impairment by Article 1 Section 24 of the Washington State Constitution; RCW 9.41.300, the Preemption statute; and RCW 9.41.050, which requires a Concealed Pistol License to carry a pistol concealed, but not to carry a firearm openly.
The right of United States citizens to keep and bear arms is likewise a fundamental civil right protected by the Bill Of Rights in the United States Constitution.
Despite these protections, several counties and localities in Washington State have enacted restrictions on lawful carrying of firearms on non-secured public premises, in direct violation of RCW 9.41.300.
Furthermore, persons who lawfully carry weapons, especially those who carry pistols openly, have faced unjustified scrutiny, harassment, and sometimes threats from law enforcement and public officials. Some of these incidents have involved police officers drawing guns on people who have broken no laws and done nothing to warrant alarm, thus endangering lives without justification of any kind. This behavior is especially inexcusable considering that every law enforcement agency in the state has been made aware of the lawful nature of carrying weapons either openly, or concealed with a license.
The law provides for situations in which stops, detentions, and searches are acceptable. In the Terry v. Ohio decision, the United States Supreme Court ruled that the Fourth Amendment prohibition on unreasonable searches and searches and seizures in not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. This reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer’s hunch. In Washington State however, this guideline is frequently violated by officers who seek to harass and intimidate people who lawfully carry firearms, especially openly.
The Legislature finds that RCW 9.41.300 and RCW 9.41.050 should be amended to provide penalties under law for public officials who violate those sections to the detriment of a citizen’s fundamental civil right to carry a weapon for protection.
Lawful Carrying Of Weapons Act
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
SECTON 1:
RCW 9.41.300 is amended as follows:
(1) The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
(2) Any public official or police officer who enacts, or fails to repeal any ordinance, rule, or other restriction in violation of Section (1), and orders, initiates, or participates in enforcement action of such ordinance or rule, shall be guilty of the crime of Abuse Of Office.
SECTION 2:
RCW 9.41.050, “Carrying Firearms,” is amended to include:
(5) Any police officer or other public official who illegally arrests, detains, intimidates, or otherwise harasses a person for lawfully carrying or possessing a firearm either openly or concealed, or who orders or directs such action, with or without the intent of dissuading that person or others from exercising the lawful right to carry a weapon, when that person has committed no crime, and done nothing to warrant alarm for the safety of others, and no other reasonable cause exists for such action, shall be guilty of the crime of Abuse Of Office.
SECTION 3:
NEW SECTION: (1) In cases where sufficient evidence exists to prosecute violations under Section 1 (2), or Section 2 (5), the Prosecuting Attorney with jurisdiction shall file charges and prosecute. “Evidence” shall include such evidence that may be obtained by the Prosecutor from the crime victim or other private sources, as well as evidence that is obtained from police.
(2) Any police officer or other public official found guilty under Section 1 (2), or Section 2 (5), shall be ineligible to work in law enforcement in Washington State for a period of five years from the date of conviction.
Any suggestions help or comments appreciated.
Lawful Carrying Of Weapons Act
Purpose:
The following bill comes in response to violations by local governments of RCW 9.41.300, the Preemption Statute, and also in response to incidents of harassment by law enforcement aimed at people who lawfully carry weapons, especially those who carry pistols openly. It is aimed at addressing illegal conduct by public officials.
Findings:
The right to carry a firearm for protection in Washington State is protected from government impairment by Article 1 Section 24 of the Washington State Constitution; RCW 9.41.300, the Preemption statute; and RCW 9.41.050, which requires a Concealed Pistol License to carry a pistol concealed, but not to carry a firearm openly.
The right of United States citizens to keep and bear arms is likewise a fundamental civil right protected by the Bill Of Rights in the United States Constitution.
Despite these protections, several counties and localities in Washington State have enacted restrictions on lawful carrying of firearms on non-secured public premises, in direct violation of RCW 9.41.300.
Furthermore, persons who lawfully carry weapons, especially those who carry pistols openly, have faced unjustified scrutiny, harassment, and sometimes threats from law enforcement and public officials. Some of these incidents have involved police officers drawing guns on people who have broken no laws and done nothing to warrant alarm, thus endangering lives without justification of any kind. This behavior is especially inexcusable considering that every law enforcement agency in the state has been made aware of the lawful nature of carrying weapons either openly, or concealed with a license.
The law provides for situations in which stops, detentions, and searches are acceptable. In the Terry v. Ohio decision, the United States Supreme Court ruled that the Fourth Amendment prohibition on unreasonable searches and searches and seizures in not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. This reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer’s hunch. In Washington State however, this guideline is frequently violated by officers who seek to harass and intimidate people who lawfully carry firearms, especially openly.
The Legislature finds that RCW 9.41.300 and RCW 9.41.050 should be amended to provide penalties under law for public officials who violate those sections to the detriment of a citizen’s fundamental civil right to carry a weapon for protection.
Lawful Carrying Of Weapons Act
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
SECTON 1:
RCW 9.41.300 is amended as follows:
(1) The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
(2) Any public official or police officer who enacts, or fails to repeal any ordinance, rule, or other restriction in violation of Section (1), and orders, initiates, or participates in enforcement action of such ordinance or rule, shall be guilty of the crime of Abuse Of Office.
SECTION 2:
RCW 9.41.050, “Carrying Firearms,” is amended to include:
(5) Any police officer or other public official who illegally arrests, detains, intimidates, or otherwise harasses a person for lawfully carrying or possessing a firearm either openly or concealed, or who orders or directs such action, with or without the intent of dissuading that person or others from exercising the lawful right to carry a weapon, when that person has committed no crime, and done nothing to warrant alarm for the safety of others, and no other reasonable cause exists for such action, shall be guilty of the crime of Abuse Of Office.
SECTION 3:
NEW SECTION: (1) In cases where sufficient evidence exists to prosecute violations under Section 1 (2), or Section 2 (5), the Prosecuting Attorney with jurisdiction shall file charges and prosecute. “Evidence” shall include such evidence that may be obtained by the Prosecutor from the crime victim or other private sources, as well as evidence that is obtained from police.
(2) Any police officer or other public official found guilty under Section 1 (2), or Section 2 (5), shall be ineligible to work in law enforcement in Washington State for a period of five years from the date of conviction.
