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Thread: Carry in my in-home daycare?

  1. #1
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    Exclamation Carry in my in-home daycare?

    My wife and I are planning on starting an in-home daycare in about a year and I am trying to figure out the laws concerning weapons. I know I can carry in my home and property without even a ccw/cpl (though I PLANNED on concealing during business hours so as not to scare the parents). However, WAC 170-296-0800 says all weapons in an in-home daycare must be locked up?! RCW 9.41.300 doesn't list in-home daycare or even daycare centers as restricted so what's up??? Any help? I have a feeling I'm gonna learn the relationship between RCWs and WACs...

  2. #2
    Regular Member bennie1986's Avatar
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  3. #3
    Campaign Veteran skidmark's Avatar
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    WACs > Title 170 > Chapter 170-296 > Section 170-296-0800

    170-296-0790 << 170-296-0800 >> 170-296-0810


    WAC 170-296-0800 Agency filings affecting this section
    May I have weapons at my home?
    (1) You must keep weapons and ammunition in secure, locked storage, at all times during your operating hours. "Secure, locked storage" means a locked storage container, gun cabinet, gun safe, or other storage area made of strong, unbreakable material.

    (2) If the cabinet has a glass or other breakable front, the guns need to be secured with a cable or chain placed through the trigger guards securing the guns in the storage unit.

    (3) You must store all firearms unloaded.



    [06-15-075, recodified as 170-296-0800, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0800, filed 8/31/04, effective 10/1/04.]
    This aint rocket surgery.

    Says right there that during hours of operation your in-home day care center is going to be a gun-free zone.

    WACs > Title 170 > Chapter 170-296 > Section 170-296-0360

    170-296-0350 << 170-296-0360 >> 170-296-0370


    WAC 170-296-0360 Agency filings affecting this section
    What happens if I fail to follow the rules?
    (1) If you fail to follow the rules, we notify you of the violation in writing and unless the health, safety or welfare of children in care is threatened, we provide you with an opportunity to come into compliance before we take adverse licensing action. The notice provides:

    (a) A description of the violation and rule that was broken;

    (b) A statement of what is required to comply with the rules;

    (c) The date by which we require compliance; and

    (d) The maximum financial penalty (civil fine) that you must pay if you do not comply with the rules by the required date.

    (2) We may fine you seventy-five dollars a day for each violation of the licensing rules.

    (3) We may assess and collect the penalty with interest for each day you fail to follow the rules.

    (4) We may impose a civil penalty in addition to other adverse actions against your license including probation, suspension and revocation.

    (5) We may, but are not required to, withdraw the fine if you come into compliance during the notification period.

    (6) If we assess a civil penalty you have the right to an adjudicative proceeding as governed by RCW 43.215.305 and chapter 170-03 WAC.

    (7) If you do not request an adjudicative proceeding you must pay the civil fine within twenty-eight days after you receive the notice.

    [Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, 170-296-0360, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as 170-296-0360, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0360, filed 8/31/04, effective 10/1/04.]
    The important parts of that were:

    (2) We may fine you seventy-five dollars a day for each violation of the licensing rules.

    (3) We may assess and collect the penalty with interest for each day you fail to follow the rules.

    (4) We may impose a civil penalty in addition to other adverse actions against your license including probation, suspension and revocation.

    Mess with their rules and they find out, it costs you $75 per day. My guess is that would be $75 for each day they fouund out you were in violation, not just the days starting with when they gave you written notice till you came into compliance.

    "Civil penalty" means more $$. Does not say how much, so you will have to do your own research there.

    They ARE going to revoke your license. They are going to claim violating the firearms rule threatens the "health, safety, or welfare" of the kids, so they will revoke your license on the spot. Count on it. Count on never getting another one. Count on them trying to tie this to your concealed carry permission slip if you have one, or stopping you from ever getting one.

    One or more of your former clients may decide to sue you for any of a variety of things, even if you can prove in writing that they knew ahead of enrolling their kid(s) that you were going to carry in violation of the WAC and signed statements under oath saying they didn't care.

    Were you hoping to find a loophole or exception? Sorry to burst your bubble but it there is none. RCW 9.41.300 does not address in-home day care centers because it is a criminal code, and the operation of a business comes under the Administrative Code.

    As much as it may suck, you know this information going into the game. Why try to skirt the rules when the price is so high? Why not find another business that does not make you do something you object to doing?

    stay safe.

    PS - I'm pretty sure they will tell you that you have to unload and lock up your firearm before coming onto the property. Petty tyrants like to see how far they can extend their authority, and seriously that one seems like a no-brainer.

  4. #4
    Regular Member MamaLiberty's Avatar
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    Catch 22

    You would be responsible for the safety of those children, yet totally prohibited from doing anything to protect them or yourself. Neat deal.

    Find another business unless you can endure being completely disarmed each and every day.
    I will not knowingly initiate force. I am a self owner.

    Let the record show that I did not consent to be governed. I did not consent to any constitution. I did not consent to any president. I did not consent to any law except the natural law of "mala en se." I did not consent to the police. Nor any tax. Nor any prohibition of anything. Nor any regulation or licensing of any kind.

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