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the law and admin code re weapons on college campuses

Z

zaitz

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What laws or codes forbid the possession or carry of weapons concealed or unconcealed on the UW campus or others, if any?

thanks!

z
 
mnrobitaille

mnrobitaille

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For the University of Washington, I found 1 WAC that covers firearms on campus: Chapter 478-124 WAC: General Conduct Code for the University of Washington.

The passage pertaining to firearms states:
(2) In order to assure those rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its special contribution to society, the following types of conduct are hereby prohibited on or in property either owned, controlled or operated by the university which is used or set aside for university purposes, hereinafter referred to as the university campus: (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;
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As many facilities as UW has, this passage includes all campuses & facilities operated by the University of Washington including: Harborview Medical Center & other similar facilities. So UW, unless policies change, is a Weapon-free/Gun-free zone.
 
decklin

decklin

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That WAC only applies to students and staff. And even then only applies administratively.
 
Z

zaitz

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mnrobitaille said:
For the University of Washington, I found 1 WAC that covers firearms on campus: Chapter 478-124 WAC: General Conduct Code for the University of Washington.

The passage pertaining to firearms states:

As many facilities as UW has, this passage includes all campuses & facilities operated by the University of Washington including: Harborview Medical Center & other similar facilities. So UW, unless policies change, is a Weapon-free/Gun-free zone.
Click to expand...

It seems to me that I or someone should find a way to sue them in federal court.

They are created with tax dollars. Rapes and robberies occur on the campus. How can an institution be created with tax dollars and which is necessary or helpful to many members of the public to do well and survive in the modern world make attending classes in it dependent on not defending yourself with a weapon? It is not like the stadium in which everybody is metal-detected or searched or wanded before getting in.
 
garand_guy

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I literally just looked them all up. There's probably a full page of search responses on them, each one varying in degree. I found that basically, they all prohibit them except for teaching purposes, and most have exclusions for CHL holders to leave it in their car. I think you're best off checking the particular campus.
 
Grim_Night

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Z

zaitz

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decklin said:
Grim posted the closest laws but there isn't actually a campus carry law. Therefore, following British Legal Tradition, it's legal.
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a few months ago, there was in the news the story of a fellow with a firearm on a different university campus and he was asked to leave and told something like he would be trespassing if he returned, I think . . .
 
solus

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zaitz said:
a few months ago, there was in the news the story of a fellow with a firearm on a different university campus and he was asked to leave and told something like he would be trespassing if he returned, I think . . .
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well, you are absolutely could have been told this or that and it might not have been a few months ago as well as he was carrying a knife, airsoft, or LG...if you found the 'news story' initially, then post the bloody cite as kinda mentioned in the forum rules. so members do not have to guess what you thought he might have been told and the currency of the 'news story'.

ipse
 
M

mikeyb

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zaitz said:
a few months ago, there was in the news the story of a fellow with a firearm on a different university campus and he was asked to leave and told something like he would be trespassing if he returned, I think . . .
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The only thing I've heard specifically to the UW in recent news has been this:

http://blogs.seattletimes.com/today/2013/07/replica-of-handgun-gets-man-arrested-at-uw-library/

The man was arrested on a misdemeanor weapons violation, Rittereiser said. He has not been formally charged.
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No name given, no follow-up. News drops the story once they find out it's not a real gun.
 
BB62

BB62

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zaitz said:
a few months ago, there was in the news the story of a fellow with a firearm on a different university campus and he was asked to leave and told something like he would be trespassing if he returned, I think . . .
Click to expand...
Are public college campuses public in WA?

For instance in Ohio, there are a number of Federal court decisions that say that the First Amendment applies to public college campuses.

For example, check out University of Cincinnati Chapter of Young Americans for Liberty, et al, v. Gregory Williams, page 9 especially: http://tinyurl.com/ztd6s8n

Also, check out the USSC decision in Pleasant Grove City, Utah et al v. Summum: http://www.supremecourt.gov/opinions/08pdf/07-665.pdf
 
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Grim_Night

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Some additional information to digest.


RCW 28B.50.140
Boards of trustees—Powers and duties.

(as pertaining to the board of trustees appointed by the governor to each of the Washington state owned and operated PUBLIC COLLEGES)

(13) Shall enforce the rules prescribed by the state board for community and technical colleges for the government of community and technical colleges, students and teachers, and adopt such rules and perform all other acts not inconsistent with law or rules of the state board for community and technical colleges as the board of trustees may in its discretion deem necessary or appropriate to the administration of college districts: PROVIDED, That such rules shall include, but not be limited to, rules relating to housing, scholarships, conduct at the various community and technical college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees may suspend or expel from community and technical colleges students who refuse to obey any of the duly adopted rules;
Click to expand...


RCW 34.05.210
Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.

(1)(a) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published. All current, permanently effective rules of each agency shall be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and at least annually in a form compatible with the main compilation.
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These 2 quotes alone, to the best of my research and knowledge not only prohibit the board of trustees from enacting any rules to ban lawfully carried firearms from public college campus', but also make any rule that is not specifically listed in that agency's section of the Washington Administrative Code, completely void and invalid. Meaning, that if the "agency" has a rule that is written down in some "policies and proceedures" book somewhere, but it is NOT listed in the WAC, it is void. And because any rule that bans lawfully carried and possessed firearms from the campus would be clearly "inconsistent" with established state law (RCW), it would also be in violation of the state constitution and additionally, the US constitution.

Mind you, I have not even bothered to check to see what the policies are regarding state owned and operated "universities", but I have a suspicion that any such rules would also be considered to be void/invalid/unconstitutional if someone were to take the time and effort to step up and challenge such rules in court.
 
J

Jeff Hayes

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Grim_Night said:
Some additional information to digest.


RCW 28B.50.140
Boards of trustees—Powers and duties.

(as pertaining to the board of trustees appointed by the governor to each of the Washington state owned and operated PUBLIC COLLEGES)




RCW 34.05.210
Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.



These 2 quotes alone, to the best of my research and knowledge not only prohibit the board of trustees from enacting any rules to ban lawfully carried firearms from public college campus', but also make any rule that is not specifically listed in that agency's section of the Washington Administrative Code, completely void and invalid. Meaning, that if the "agency" has a rule that is written down in some "policies and proceedures" book somewhere, but it is NOT listed in the WAC, it is void. And because any rule that bans lawfully carried and possessed firearms from the campus would be clearly "inconsistent" with established state law (RCW), it would also be in violation of the state constitution and additionally, the US constitution.

Mind you, I have not even bothered to check to see what the policies are regarding state owned and operated "universities", but I have a suspicion that any such rules would also be considered to be void/invalid/unconstitutional if someone were to take the time and effort to step up and challenge such rules in court.
Click to expand...

Excellent
 
decklin

decklin

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decklin

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
Grim_Night said:
Some additional information to digest.


RCW 28B.50.140
Boards of trustees—Powers and duties.

(as pertaining to the board of trustees appointed by the governor to each of the Washington state owned and operated PUBLIC COLLEGES)




RCW 34.05.210
Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.



These 2 quotes alone, to the best of my research and knowledge not only prohibit the board of trustees from enacting any rules to ban lawfully carried firearms from public college campus', but also make any rule that is not specifically listed in that agency's section of the Washington Administrative Code, completely void and invalid. Meaning, that if the "agency" has a rule that is written down in some "policies and proceedures" book somewhere, but it is NOT listed in the WAC, it is void. And because any rule that bans lawfully carried and possessed firearms from the campus would be clearly "inconsistent" with established state law (RCW), it would also be in violation of the state constitution and additionally, the US constitution.

Mind you, I have not even bothered to check to see what the policies are regarding state owned and operated "universities", but I have a suspicion that any such rules would also be considered to be void/invalid/unconstitutional if someone were to take the time and effort to step up and challenge such rules in court.
Click to expand...
Nice work, Grim.
 
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