• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Question: Possible Open Carry on School Grounds?

H

heresolong

Regular Member
Joined
Oct 4, 2007
Messages
1,318
Location
Blaine, WA, ,
mikeyb said:
If you have a firearm on school property, it is illegal, unless you fulfill the few exceptions.
Click to expand...

You should probably read the rest of the thread. There are numerous exceptions and a lawyers opinion that if the league is renting the school ball fields, this is not covered by the ban.
 
M

mikeyb

Regular Member
Joined
Feb 19, 2013
Messages
554
Location
Bothell
heresolong said:
You should probably read the rest of the thread. There are numerous exceptions and a lawyers opinion that if the league is renting the school ball fields, this is not covered by the ban.
Click to expand...

sudden valley gunner said:
+1 This isn't the first time RapGood has explained it.
Click to expand...

And I disagree with rapgood, as it is his interpretation of the court's opinion on Sequim.

The RCW 9.41.290 clearly states "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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."

RCW 9.41.280 clearly states firearms are not permitted on public or private school premises. There are not broad state laws prohibiting firearms from parks, city buildings, convention centers, halls, etc. Additionally, the Sequim case specifically addressed the municipalities' power; not school districts', which are their own entity. Important, since 9.41.290 does not identify school districts as something subject to that particular RCW.

In a better world, I don't believe .280 should extend past school hours (rather not have the law at all). Prohibiting firearms on school property when school is not in session is idiotic. But hey, if someone wants to be the guinea pig case for this, go right ahead.

Don't forget, once you're done with WA law, you have the Federal law to contend with.
 
tombrewster421

tombrewster421

Regular Member
Joined
May 25, 2010
Messages
1,326
Location
Roy, WA
mikeyb said:
And I disagree with rapgood, as it is his interpretation of the court's opinion on Sequim.

The RCW 9.41.290 clearly states "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."

RCW 9.41.280 clearly states firearms are not permitted on public or private school premises. There are not broad state laws prohibiting firearms from parks, city buildings, convention centers, halls, etc. Additionally, the Sequim case specifically addressed the municipalities' power; not school districts', which are their own entity. Important, since 9.41.290 does not identify school districts as something subject to that particular RCW.

In a better world, I don't believe .280 should extend past school hours (rather not have the law at all). Prohibiting firearms on school property when school is not in session is idiotic. But hey, if someone wants to be the guinea pig case for this, go right ahead.

Don't forget, once you're done with WA law, you have the Federal law to contend with.
Click to expand...

Actually as long as you have a CPL you are golden as far as federal law goes.

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

http://www.law.cornell.edu/uscode/18/922(q)(2)(B).html
 
You must log in or register to reply here.
Top