imported post
joeroket wrote:
PT 1. Where in the laws or constitution does it forbid a state agency from creating policies that restrict firearms?
PT 2. The Washington State Supreme Court does it as they do not provide lockboxes. They can do this because the laws only apply, as Dean has said many times, to counties and municipalities.
PT 3. Preemption is only applicable to "Cities, towns, and counties or other municipalities". Believe it or not the head of the LCB is part of "The State of Washington".
PT 4. These are the reasons that I believe the preemption statute should be changed to be more specific in that only Washington State Legislature is authorized to create or enact statutes, code, or policy that restricts the possession and carry of firearms. There should also be a civil penalty put upon any person(s), or head of any agency, that attempts to create or enact any law or policy that restricts the possession or carrying of firearms.
PT 1. Article 1 Section 24 The Right to Bear Arms Shall Not Be Infringed. This is something that all governmental agencies must abide in, it is a right.
PT 2. One cannot deduct from this as it being legal or not due to it ignoring State Law, if you will also note there are Cities and Counties that ignore this as well, does that make it lawful for them also, NO.
It may take someone going through the process to push the issue to have them install lock boxes or have representatives to secure your weapon for you , have you check upon the later of the two choices? probably not.
RCW 9.41.300 (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).
For purposes of this subsection (1)(b), "weapon" means any firearm, explosive as defined in RCW
70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
PT 3. Preemption is listed out in RCW 9.41.270 and it applies to Cities Towns and Municipalities.
They and the State must abide by the Washington State Constitution as well and this is where the agencies that try and prohibit firearms such as Work Source tries to do but again a court case will be needed to force the issue.
PT 4. The State Legislature are the only ones to create or modify State Laws and they retained jurisdiction over the firearms laws with in Washington State.
