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Pierce County District Court 2nd Amendment Violation? Komo Problem Solvers

spikedzombies

Regular Member
Joined
Jun 7, 2010
Messages
51
Location
Lakewood, WA 98439
Recently hit up Pierce County District Court on 96th in Tacoma and they have yet to install security lock boxes for licensed gun holders/open carriers. I have since contacted Komo News and they have replied and would like a statement and some follow up information.

Here's hoping they can get something done!
 

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
Did they have someone to act as a custodian of weapons? If so then they are in compliance with state law as stated in RCW 9.41.300.
I see you said no lockboxes at that location but that is only one solution the state has given.
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Also, while clearly a 2nd Amendment violation, it should not be played as such. It should be played as a state law violation, because it will theoretically be simpler to get satisfaction at the state law level.
 

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
Also, while clearly a 2nd Amendment violation, it should not be played as such. It should be played as a state law violation, because it will theoretically be simpler to get satisfaction at the state law level.

That is probably a very accurate statement. Make sure they get the correct RCW. By the way, what did they say when you went in there?
 
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spikedzombies

Regular Member
Joined
Jun 7, 2010
Messages
51
Location
Lakewood, WA 98439
I am playing it as a state law violation not a 2nd amendment violation. The guards exact words were mumbled but I clearly heard something to the fact that they know about it and don't plan on fixing the problems.

I actually read the previous thread on the subject and which was the clinching factor in making my contact with the news.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Another case of a Law without penalty for breaking it.

Recent comment from a Judge in an unrelated case (the Teacher's Strike in Tacoma) indicated what the problem is in many of these cases. He said "The law may say that strikes by public employees are illegal but it doesn't provide for any penalty".

And there you have it. The law may require lock boxes or "custody officers" but what are you going to do if the agency refuses. What's the penalty. Public Scorn? Laws like these need some teeth. Something to bite those in the ass that choose to ignore and violate them.
 

Wobbles

Regular Member
Joined
Aug 28, 2011
Messages
49
Location
Tacoma, Wa
Another case of a Law without penalty for breaking it.

Laws like these need some teeth. Something to bite those in the ass that choose to ignore and violate them.

+1
This is exactly what I was thinking. If there's no repercussion, there will be no compliance
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Florida added penalties to their pre-emption statute, sounds like we may need to start a similar campaign here.

Violation of any provision of RCW Title 9.41 is a misdemeanor. This includes preemption and the court storage provisions.

The problem is one of enforcement.
 

oneeyeross

Regular Member
Joined
Feb 28, 2010
Messages
500
Location
Winlock, , USA
plus, since they know the law, they have no protection from law suits...

I'd think about suing the county commisioners if'n I was an offended party
 

44Brent

Regular Member
Joined
May 21, 2006
Messages
772
Location
Olympia, WA
There's a way to remedy this. A citizen can file an application for a writ of mandamus, which is an order for a government official to carry out their job. If the person who is the subject of the order refuses to carry out the order, then that person can be held in contempt-of-court and can be fined or imprisoned.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
There's a way to remedy this. A citizen can file an application for a writ of mandamus, which is an order for a government official to carry out their job. If the person who is the subject of the order refuses to carry out the order, then that person can be held in contempt-of-court and can be fined or imprisoned.

Yes but finding a lawyer who is willing to do so, and covering the expense. I have been working on Whatcom County for a while now. The other thing to do is get an AG opinion on it. Like DeanF said it's enforcement issue, funny how Law Enforcement, choose which laws they will enforce.
 

Difdi

Regular Member
Joined
Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
I wonder, do police officers who visit that courthouse go there unarmed, or do they have a weapon check area? The state constitution prohibits special privileges for a single class of citizens, wouldn't it follow that you can check your weapon wherever the police do, when they go to that courthouse to testify?
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
The state constitution prohibits special privileges for a single class of citizens, wouldn't it follow that you can check your weapon wherever the police do

Police officers are not there as citizens. They are there as agents of the state, and thus should be afforded fewer privileges.
 

Just Us

Regular Member
Joined
Jan 4, 2010
Messages
248
Location
West Fargo, ND
This location knows about it as I have asked multiple times. They have also stated that the location was going to be out of use soon. Still they have put anything in place.

The downtown Tacoma has lock boxes that I have used in late July.
 
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