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Unemployment hearings, WAC, no firearms allowed...

TechnoWeenie

TechnoWeenie

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So my previous employer is contesting my unemployment, and in the forms it says 'Firearms and other dangerous weapons are prohibited at hearings and in all Office of Administrative Hearings offices (WAC 12-20-010).

Assuming its held at an office, and not a court, would that be pre-empted?

WAC 10-20-010 Agency filings affecting this section
Firearms, weapons prohibited in administrative hearings.

(1) Firearms or other dangerous weapons are prohibited at all facilities owned, leased, or operated by the office of administrative hearings and in rooms where the office of administrative hearings is conducting an administrative hearing. This prohibition applies to all parties or witnesses at hearings, all office of administrative hearings employees, and all other persons present. However, it does not apply to law enforcement personnel, security personnel, or military personnel, all while engaged in official duties.

(2) As used in this chapter, "firearm or other dangerous weapon" means any firearm as defined in RCW 9.41.010, explosive as defined in RCW 70.74.010, or weapon listed in RCW 9.41.250.

(3) Possession of a valid concealed weapons permit is not a defense to the prohibition in this section.

(4) This prohibition does not apply to lawful firearms or other lawful weapons while confined to private motor vehicles in parking areas at hearings facilities.

(5) This prohibition does not apply to firearms or other dangerous weapons offered as evidence in an administrative hearing.
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amlevin

amlevin

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TechnoWeenie said:
So my previous employer is contesting my unemployment, and in the forms it says 'Firearms and other dangerous weapons are prohibited at hearings and in all Office of Administrative Hearings offices (WAC 12-20-010).

Assuming its held at an office, and not a court, would that be pre-empted?
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Depends. How bad does the party want that check?
 
G

G20-IWB24/7

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My line of reasoning may be flawed here, but if it's the state setting the rule/code/law/etc... then they aren't affected by state pre-emption, as the state can't pre-empt itself...

Now, if the CITY of Whoville tried the same thing, they would be preempted.

I could be wrong though.
 
gogodawgs

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G20-IWB24/7 said:
My line of reasoning may be flawed here, but if it's the state setting the rule/code/law/etc... then they aren't affected by state pre-emption, as the state can't pre-empt itself...

Now, if the CITY of Whoville tried the same thing, they would be preempted.

I could be wrong though.
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I would agree. The agency is not a city, town or municipality and thus fully occupies the regulation within the hearing.

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
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sudden valley gunner

sudden valley gunner

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I agree to not preempted but since it is a state law I would argue the state has to follow it's own law.Since the State "preempts and fully occupies" this area of law and it specifically spells out where carry is barred.
 
T

Tawnos

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TechnoWeenie said:
So my previous employer is contesting my unemployment, and in the forms it says 'Firearms and other dangerous weapons are prohibited at hearings and in all Office of Administrative Hearings offices (WAC 12-20-010).

Assuming its held at an office, and not a court, would that be pre-empted?
Click to expand...

You have a better claim under Article 1 Section 24 than 9.41.290, IMO
 
A

Aaron1124

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Like other said, the State preempts all laws and rules on firearms. The State also allows State Agencies to make rules (WAC's). Therefore, any agency under state control, can restrict firearms. That includes the DSHS offices, the department of licensing, State Parks, the State Capital, etc.

Most of them don't, but they can.
 
D

Deleted_User

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Aaron1124 said:
Like other said, the State preempts all laws and rules on firearms. The State also allows State Agencies to make rules (WAC's). Therefore, any agency under state control, can restrict firearms. That includes the DSHS offices, the department of licensing, State Parks, the State Capital, etc.

Most of them don't, but they can.
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This sounds off to me
 
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1245A Defender

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well,,,!!!

Aaron1124 said:
Like other said, the State preempts all laws and rules on firearms. The State also allows State Agencies to make rules (WAC's). Therefore, any agency under state control, can restrict firearms. That includes the DSHS offices, the department of licensing, State Parks, the State Capital, etc.

Most of them don't, but they can.
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BLASPHEMY!!!!!

9.41.290 is preemption, read it!, 9.41.300 tells the state prohibited places, read it!

this has been hashed out before,,,

some are arguing to allow the state agencies to bypass preemption by being special..
they cant! they are covered by preemption!!!
they are preempted,,,!!

i wont search,, but members here have paved the open carry way into dshs, dmv, state liqueur stores, county parks and other places too, in order to preserve our rights and force these agencies to follow state law.
 
J

joeroket

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1245A Defender said:
BLASPHEMY!!!!!

9.41.290 is preemption, read it!, 9.41.300 tells the state prohibited places, read it!

this has been hashed out before,,,

some are arguing to allow the state agencies to bypass preemption by being special..
they cant! they are covered by preemption!!!
they are preempted,,,!!

i wont search,, but members here have paved the open carry way into dshs, dmv, state liqueur stores, county parks and other places too, in order to preserve our rights and force these agencies to follow state law.
Click to expand...

To my knowledge these hearings are an administrative court hearing and presided by an administrative law judge, therefore they would be able to restrict firearms. If you read some of the other WAC's that deal with UI it clearly spells this out as well. The only portion of a UI office that firearms are restricted is in the administrative court hearings.

Remember RCW 9.41.300 only specifies that areas in connection with court proceedings. It does not specify what type of court the proceedings are held in.
 
A

Aaron1124

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Kent, Washington, USA
1245A Defender said:
BLASPHEMY!!!!!

9.41.290 is preemption, read it!, 9.41.300 tells the state prohibited places, read it!

this has been hashed out before,,,

some are arguing to allow the state agencies to bypass preemption by being special..
they cant! they are covered by preemption!!!
they are preempted,,,!!

i wont search,, but members here have paved the open carry way into dshs, dmv, state liqueur stores, county parks and other places too, in order to preserve our rights and force these agencies to follow state law.
Click to expand...

I wish and hope this is true, but until someone can give me some type of legal opinion from the AG or the Washington State Supreme Court, then I'm tending to sway toward believing that the State Legislature allows state agencies to create "rules" to suit their agency's. It may not be enforceable by law, because only the legislature can create laws, but they may deny access or tell you to leave the property.

WAC's aren't regulated by cities, town, counties or municipalities.
 
MSG Laigaie

MSG Laigaie

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Lock Box?

If you cannot carry in their presence, should they provide a capacity to store your weapon during the encounter??

SVG knows a bit about lock boxes
 
J

joeroket

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MSG Laigaie said:
If you cannot carry in their presence, should they provide a capacity to store your weapon during the encounter??

SVG knows a bit about lock boxes
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The problem with that is that the state would be the ones providing the boxes and since they are not pre-empted they then do not have to provide them. Catch22 anyone?
 
jt59

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joeroket said:
To my knowledge these hearings are an administrative court hearing and presided by an administrative law judge, therefore they would be able to restrict firearms. If you read some of the other WAC's that deal with UI it clearly spells this out as well. The only portion of a UI office that firearms are restricted is in the administrative court hearings.

Remember RCW 9.41.300 only specifies that areas in connection with court proceedings. It does not specify what type of court the proceedings are held in.
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I think this is the bull's eye...and basis.

+1
 
amzbrady

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Our UI office is in a rented building, not a state facility, so they can prohibit the carry of firearms on private property. I had to carry concealed.
 
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J

joeroket

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amzbrady said:
Our UI office is in a rented building, not a state facility, so they can prohibit the carry of firearms on private property. I had to carry concealed.
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I don't believe the state can enter into a contract as the lessee that contains rules that override state law. Once the state enters into a lease the property now becomes quasi-public property and would fall under the rules and laws of Washington State.

I think they can prohibit firearms if they chose, however the only thing I have found is that they prohibit firearm only in administrative hearings. The managers of each office are bound by the WAC and cannot go any more strict than them as they are their operating guidelines.
 
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