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Thread: OT: You do not need to check other weapons at a court house

  1. #1
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    OT: You do not need to check other weapons at a court house

    Many people have been under the impression that they cannot carry O.C. protection spray, small pocket knives and taser devices in a court room. There are actually no state laws that prohibit any of this.

    The R.C.W. that covers weapons in court room gives a description of the weapons that are not allowed. Besides firearms, the other weapons not allowed in the court room are listed in that chapter; and tasers, O.C. sprays are not included.

    I am posting this incase anyone here as been asked by court staff to disarm themselves of their taser or O.C. sprays before passing through the detector.

    Now this does not mean certain municipalities may not create ordinances on taser devices, although the only one I know of that has a ban is Bellingham. O.C. sprays are preempted by state law, and are not restricted anywhere in the state.

    Personal protection spray laws are to be found here - http://apps.leg.wa.gov/rcw/default.aspx?cite=9.91.160

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    Firearms law is preempted by the state. Other weapons are NOT. therefore, a courthouse would be within their legal authority to prohibit other weapons if it so chooses.

    If a courthouse demands that you disarm, you have no legal recourse (yet).

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    Quote Originally Posted by Phssthpok View Post
    Firearms law is preempted by the state. Other weapons are NOT. therefore, a courthouse would be within their legal authority to prohibit other weapons if it so chooses.

    If a courthouse demands that you disarm, you have no legal recourse (yet).

    O.C. Spray is preempted on a state level. The court, itself, cannot prohibit the weapons on the premises without local law backing it up. Only the city council has the legal authority to pass local ordinances. You'd have to check your city or counties municipal/county code regarding weapon possession in the court facilities.
    Last edited by Aaron1124; 07-22-2010 at 09:57 PM.

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    Quote Originally Posted by Phssthpok View Post
    Firearms law is preempted by the state. Other weapons are NOT. therefore, a courthouse would be within their legal authority to prohibit other weapons if it so chooses.

    If a courthouse demands that you disarm, you have no legal recourse (yet).

    Actually as Aaron said and even CITED, OC spray devices ARE preempted this doesnt just include a courthouse but also applies to public k-12 schools (yes even students over 14 with parent permission) , public universities, public transportation agencies, city hall and ANY government or quasi government institution.

    RCW 9.91.160

    (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.

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    Oddly enough, the Spokane County Courthouse recently posted notices that knives would no longer be allowed in the building as of August 9, 2010. That's still a ways away so I hadn't researched it yet but since you posted this I thought I'd mention it. I fully expect a major knife attack on August 6th, the last lawful business day for knives, since we know no one would ever violate a sign forbidding knives in the courthouse. :-)
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