Stealth Potato
Regular Member
imported post
I'm currently an engineering student at the University of Washington in Seattle; I have a couple of questions for the more legally experienced among us regarding the prohibition of firearms on campus.
Subsection (2)(e) of Washington Administrative Code 478-124-020 (part of the UW general conduct code) prohibits:
Needless to say, I'm not very happy about having my right to bear arms effectively stripped away during the school year because of my status as a student, but I want to know what, if anything, I can do about it.
Now, as I understand it, there's no RCW prohibiting carrying firearms on campus (since RCW 9.41.280 requires the placement of "GUN FREE ZONE" signs, and it seems to be intended for elementary and high schools anyway). Does this mean that it is only students and faculty who are regulated by this part of the code of conduct? That is, as a student if I carried on campus, I could be expelled from the school, but there's simply no applicable penalty for any random Joe?
My next question is in regard to the relationship between the WAC, the RCW, and the State Constitution. I know that Washington State has full preemption regarding firearms under RCW 9.41.290, but since the WAC is set by the legislature, I assume preemption does not apply. Is this correct?
However, Article I, Section 24 of the Washington State Constitution reads:
Interestingly, WAC 478-120-020, which also mentions the firearms prohibition, in subsection (6) states:
For what it's worth, I would simply opt to live off of campus, and refrain from carrying when I go to classes, but this is not an option for me - I'm attending UW on a large scholarship, one of the provisions of which is that I live in on-campus housing. I guess I can't really complain about the housing requirement, since it's paying my way through school, but it's still doesn't seem right that I'm required to store my guns off-campus, and that I'm not "allowed" to exercise my rights on the public grounds where I spend most of my time nine months out of the year.
Finally, does anybody think it would be a good idea to try to get the WAC changed? This place is something of a bastion of so-called "Liberal" thinking, so I kinda doubt any move in that direction would get much support. I've talked with a couple of my fellow students who agree with me, but I expect we'd be in the minority overall. Since I definitely wouldn't want to do anything that might result in a backlash of public opinion or legislation against the RKBA, I'd like to ask all you better-experienced and more knowledgable folks for your opinions before I consider thinking about doing anything.
I'm currently an engineering student at the University of Washington in Seattle; I have a couple of questions for the more legally experienced among us regarding the prohibition of firearms on campus.
Subsection (2)(e) of Washington Administrative Code 478-124-020 (part of the UW general conduct code) prohibits:
(e) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university;
Needless to say, I'm not very happy about having my right to bear arms effectively stripped away during the school year because of my status as a student, but I want to know what, if anything, I can do about it.
Now, as I understand it, there's no RCW prohibiting carrying firearms on campus (since RCW 9.41.280 requires the placement of "GUN FREE ZONE" signs, and it seems to be intended for elementary and high schools anyway). Does this mean that it is only students and faculty who are regulated by this part of the code of conduct? That is, as a student if I carried on campus, I could be expelled from the school, but there's simply no applicable penalty for any random Joe?
My next question is in regard to the relationship between the WAC, the RCW, and the State Constitution. I know that Washington State has full preemption regarding firearms under RCW 9.41.290, but since the WAC is set by the legislature, I assume preemption does not apply. Is this correct?
However, Article I, Section 24 of the Washington State Constitution reads:
Since UW is a public school, does the code of conduct come into conflict with this article of the constitution? It certainly feels to me that simply by being a student, my individual right to bear arms in my personal defense has been significantly impaired. Then again, I'm no lawyer, so I don't really know how or if this applies.The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this Section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
Interestingly, WAC 478-120-020, which also mentions the firearms prohibition, in subsection (6) states:
So, what does it all mean? Is there some legal basis for the restriction of Constitutional rights on university campuses, or is such a prohibition simply not considered to be in violation of Article I, Section 24 for some reason?(6) Nothing herein shall be construed to deny students their legally and/or constitutionally protected rights.
For what it's worth, I would simply opt to live off of campus, and refrain from carrying when I go to classes, but this is not an option for me - I'm attending UW on a large scholarship, one of the provisions of which is that I live in on-campus housing. I guess I can't really complain about the housing requirement, since it's paying my way through school, but it's still doesn't seem right that I'm required to store my guns off-campus, and that I'm not "allowed" to exercise my rights on the public grounds where I spend most of my time nine months out of the year.
Finally, does anybody think it would be a good idea to try to get the WAC changed? This place is something of a bastion of so-called "Liberal" thinking, so I kinda doubt any move in that direction would get much support. I've talked with a couple of my fellow students who agree with me, but I expect we'd be in the minority overall. Since I definitely wouldn't want to do anything that might result in a backlash of public opinion or legislation against the RKBA, I'd like to ask all you better-experienced and more knowledgable folks for your opinions before I consider thinking about doing anything.