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Thread: do you have to "check" pepper spray at the court?

  1. #1
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    when entering a court, can you carry your pepper spray with you, or does it have to be checked?

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    By State Law, no.

    RCW 9.41.300Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.
    (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:



    (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.

    ----------------------------------------------------------------------------------------------------------
    Pepper spray does not fall under that category. Neither do taser devices.


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    RCW 9.91.160
    Personal protection spray devices.

    (1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.

    (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.

    (3) For purposes of this section:

    (a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

    (i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

    (ii) Other agent commonly known as mace, pepper mace, or pepper gas.

    (b) "Delivering" means actual, constructive, or attempted transferring from one person to another.

    (4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    There. Now you have two RCWs that go over this in different fashions.

    Yes, you can carry pepper spray in a court.

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    Aaron1124 wrote:
    There. Now you have two RCWs that go over this in different fashions.

    Yes, you can carry pepper spray in a court.
    Edit...my bad...didn't see the second RCW posted.

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