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Thread: OC into Vehicle Inspection Stations?

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    Regular Member Mech's Avatar
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    Hi all, had something happen today that I'm reflecting upon now, and I have a question.

    I received a letter for vehicle tab renewal yesterday and on it, it indicated my car needed an emission test. So today, while on a run to Walmart, I saw that I had some extra time so diverted to the local emission test station.

    Got my ticket number and waited for an agent while sitting in my car. My mom had told me that for such inspections I didn't have to step out of the car. Apparently she was wrong. The lady who inspected my car was very nice and cheery, and to be honest, I was a little surprised when she asked me to step out of the car and wait on one side (given what my mom had told me above). When she asked me to step back into the car she also asked me casually "Is that a live firearm?" To which I replied, yes ma'am.

    She then proceeded with the rest of the test, didn't act weird or scared or anything; didn't even bat an eye, really.

    At the end of the test she told me my car passed and also commented how cool it is for me to be carrying my firearm like that. I asked her if it's legal here at the facility, she said she wasn't totally sure but would ask her supervisor if I'd like, and that personally she had no problem with it.

    I told her it was alright and also that OC is legal in WA unless where clearly prohibited by signs and legislations; she asked me since the station is a state-licensed facility, where the legality would stand.

    Now her question stomped me, largely due to my own ignorance. I know we can NOT carry anything into post office facility, in restaurant AREAS that are clearly off limits to minors, bars, etc, and that court houses/police stations should provide lockers for you to secure your firearm. However, what about state-level buildings like the DMV, especially out-door ones such as emission testing stations? I didn't see any sign driving up to it; am I to assume it's alright to do so?

    I hope I didn't break any laws; it was really a last minute decision and I had gotten so used to the firearm that I practically forgot it's existence while I was driving. (Well, I guess more like I'm treating it just like my watch/cell phone/wallet, I'm acutely aware of it being there but I can go about my day just fine).

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    I am not sure how it is in WA but in CA we actually go to an auto mechanic that is licensed by the state to provide the SMOG checks then they give you a reciept and you take it into the DMV afterwards.

    Providing it is the same here it would fall under the private business and would have to set its own regulations or "rules" as such.

    If it is actually at the DMV office I would be at a loss as that is something I havent been prvy to as of yet...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Regular Member Mech's Avatar
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    Thanks for your fast response DevilDoc!

    As I've noted in my original post, the lady mentioned the station I was at was a a state facility, so I guess it wouldn't be a private business? Although they had signs that read "make checks payable to *****", which to me sounded like a name for a mechanic shop, so I'm confused as well.

    And I hear ya about the DMV...

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    Like I said if it is a state approved facility it should fall under the private business aspect. And thatsounds lie what you are describing to me...

    I guess the best test would be is ifb you are allowed to get plates/dl there or if it is just smog checks...

    Unless one of the more experienced members can provide further insight to this matter..
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Regular Member Mech's Avatar
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    Ah yes I hear ya.

    Well, I noticed that the facility had several signs saying that the place is under video surveillance. If anyone comes knocking on my door in the middle of the night...well I guess I'll know if it's legal or not to OC there? haha

    (totally just kidding about the door knocking; the signs ARE there though!)

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    the general gist I have gotten in the short time I have been here is if it is not posted "no firearms" or something to that effect it is PRESUMED to be legal...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    It's not a prohibited location in the RCWs.

    Beware of the preemption argument that will certainly be unleashed in this thread.

    Preemption does not apply to state agencies; only local governments.

    If there was a ban, the proper argument against it would be constitutionality (at the state level), not preemption.

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    DMV has been schooled on the legality of legaly armed citizens!
    not preemption,,,,, but 9.41.300 and
    article 1, section 24 Washington state constitution.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

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    1245A Defender wrote:
    DMV has been schooled on the legality of legaly armed citizens!
    not preemption,,,,, but 9.41.300 and
    article 1, section 24 Washington state constitution.
    +1, NavyLT nipped that in the bud a while back when a DMV office tried to give him flak. If the testing station is indeed a state-owned facility (and I'm pretty sure it is), you cannot be prohibited from carrying there (as the RCW is very specific on what state-owned premises are off-limits.)
    It is very wise to not take a watermelon lightly.

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    deanf wrote:
    It's not a prohibited location in the RCWs.

    Beware of the preemption argument that will certainly be unleashed in this thread.

    Preemption does not apply to state agencies; only local governments.

    If there was a ban, the proper argument against it would be constitutionality (at the state level), not preemption.
    It doesn't apply to state agencies, because the state cannot preempt itself. That would be like creating laws for yourself.

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    The testing stations are not part of Wa. DMV. They are overseen by the Wa. Dept. of Ecology but operated by a third-party. It is completely lawful to carry at the testing stations. However it is also completely within the powers of the operator, ApPlus+ Tech., to restrict the carry of firearms.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    joeroket wrote:
    The testing stations are not part of Wa. DMV. They are overseen by the Wa. Dept. of Ecology but operated by a third-party. It is completely lawful to carry at the testing stations. However it is also completely within the powers of the operator, ApPlus+ Tech., to restrict the carry of firearms.
    Private ownership then, huh?

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    Aaron1124 wrote:
    joeroket wrote:
    The testing stations are not part of Wa. DMV. They are overseen by the Wa. Dept. of Ecology but operated by a third-party. It is completely lawful to carry at the testing stations. However it is also completely within the powers of the operator, ApPlus+ Tech., to restrict the carry of firearms.
    Private ownership then, huh?
    I am not sure if the buildings are state owned but leased out or not. ApPlus+ Tech is in control of the property though.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Why ask if it's legal? Especially if there was no problem with your carrying a firearm? We should always assume our state rights are legal.

    I agree with DeanF that pre-emption doesn't apply but State law describes were you can't carry. So I would personally feel that these agencies would not be able to create more restrictive laws than what the state law is.

    Would be like the Mayor of Seattle creating strict J-walking laws but then stating he can Jay-walk because he made the law so it doesn't apply to him. (I think J-walking laws are ridiculous)
    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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    Even though the state cannot preempt itself, a state agency can not make it *unlawful* to possess a firearm on the property. Only the Legislature can do that.

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    Good way of putting it.
    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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    Quote Originally Posted by consuelosalley View Post
    With the spread of the electronic products,the paper made products have been replaced gradually.The collection of stamps or any other paper made things can be sensible.However the electronic products also have two sides.They can also make people annoyed with the noise pollution.Then to block the signals people choose the XXXX to help to create quiet conditions.
    flagged
    Last edited by Grapeshot; 07-04-2014 at 09:21 AM.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Quote Originally Posted by consuelosalley View Post
    With the spread of the electronic products,the paper made products have been replaced gradually.The collection of stamps or any other paper made things can be sensible.However the electronic products also have two sides.They can also make people annoyed with the noise pollution.Then to block the signals people choose the XXXX to help to create quiet conditions.
    ?????????????????????????????????????????????????? ?????????????????????????????????????????????????? ????????????????
    Last edited by Grapeshot; 07-04-2014 at 09:21 AM.
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
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    Quote Originally Posted by Aaron1124 View Post
    deanf wrote: It doesn't apply to state agencies, because the state cannot preempt itself. That would be like creating laws for yourself.
    The state may not be able to preempt itself, but the legislature can reserve rule-making authority to itself.

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    OC in WA

    Open carry of a loaded firearm in a car or truck is only legal if ou have a CWP. With out the CWP
    your weapon needs to be unloaded and secured else where in the car.
    Good luck
    ............................Jack

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Spooler41 View Post
    Open carry of a loaded firearm in a car or truck is only legal if ou have a CWP. With out the CWP
    your weapon needs to be unloaded and secured else where in the car.
    Good luck
    ............................Jack

    Cite! I do believe you are not fully correct.
    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)

  23. #23
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Spooler41 View Post
    Open carry of a loaded firearm in a car or truck is only legal if ou have a CWP. With out the CWP
    your weapon needs to be unloaded and secured else where in the car.
    Good luck
    ............................Jack
    Prove it, I know that you're not correct on this, so show me and the rest of us what law you're citing....
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  24. #24
    Regular Member Ajetpilot's Avatar
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    Quote Originally Posted by Spooler41 View Post
    Open carry of a loaded firearm in a car or truck is only legal if ou have a CWP. With out the CWP
    your weapon needs to be unloaded and secured else where in the car.
    Good luck
    ............................Jack
    Spooler41, first, welcome to OCDO. You have just learned Forum Rule 5:

    • (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    We want you to look up the law yourself for two reasons. You will remember it better, and it will get you in the habit of looking things up before giving incorrect information on this forum.

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    They don't even test anymore .. they just hook it up to read the computer info.

    They still charge like they test.

    All a scam. Scammo-rammo.


    I asked for a waiver when I failed one of mine ("bad" cat converter) basing it on (oh my, not State law):
    In Connecticut the legislature passed CGS Sec. 14-164c that states:
    “…The commissioner shall grant waivers from compliance with standards for vehicles which fail any required inspection and require an unreasonable cost of repair to bring the vehicle into compliance…”


    And they said I had to spend $1500 prior to the waiver...the exact opposite of the law.

    Idiots.

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