WalkingWolf
Regular Member
The anti-gun crowd fights against the pro-gun crowd. The pro-gun crowd fights against each other. Nobody fights against the anti-gun crowd. Then the pro-gun crowd blames each other for losing.
Pretty much nailed it.
The anti-gun crowd fights against the pro-gun crowd. The pro-gun crowd fights against each other. Nobody fights against the anti-gun crowd. Then the pro-gun crowd blames each other for losing.
Good to know you support criminal idiots. You must work for the Brady campaign.
Wow really? Then you'd think someone would have gotten ARRESTED.
Unless there was political motivation and/or pressure applied -- to influence the enforcement of existing law, in order to justify passing a new rule.
Political Speech is protected and being that this whole incident was to protest an anti-gun law, I believe there would be a legal argument for the protestors.
They were not protesting against the law in Wilbur Washington that fines you $300.00 for riding an ugly horse........:shocker:
Okay, I think we've reached the nub of the disagreement here.
They were PROTESTING. Protesting and the use of props — any kind of props (signs, umbrellas, guns) — in the viewers' gallery is prohibited and it has been so for a very long time. Everybody knows, or should know that. Whether what they did was dangerous or menacing or alarming to another person can take a back seat to the fact that these folks violated a long-standing rule. You can argue otherwise, but by admitting that this was a form of political speech and a protest, you just locked this incident in the corner, and actually provided a legal argument AGAINST them.
OR, you can say they weren't protesting, just carrying their guns, in which case they visibly stepped all over .270.
You cannot have it both ways.
Okay, I think we've reached the nub of the disagreement here.
They were PROTESTING. Protesting and the use of props — any kind of props (signs, umbrellas, guns) — in the viewers' gallery is prohibited and it has been so for a very long time. Everybody knows, or should know that. Whether what they did was dangerous or menacing or alarming to another person can take a back seat to the fact that these folks violated a long-standing rule. You can argue otherwise, but by admitting that this was a form of political speech and a protest, you just locked this incident in the corner, and actually provided a legal argument AGAINST them.
OR, you can say they weren't protesting, just carrying their guns, in which case they visibly stepped all over .270.
You cannot have it both ways.
Can anyone explain where the legislature claims authority for "rule making", specifically as it applies to the ban on open carry in public meeting places. The way I read the act they have stepped out of the box with said ban.
It seems they have exempted themselves from the open public records act unless they are truly a "governing body" as proscribed in 42.30, which I believe they are.
42.30.010
Legislative declaration.
The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
[1971 ex.s. c 250 § 1.]
Notes:
Reviser's note: Throughout this chapter, the phrases "this act" and "this 1971 amendatory act" have been changed to "this chapter." "This act" [1971 ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and the repeal of RCW 42.32.010 and 42.32.020.
42.30.020
Definitions.
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision of the state of Washington;
(c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means [I believe this covers the legislature] the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance.
(4) "Meeting" means meetings at which action is taken.
[1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10; 1971 ex.s. c 250 § 2.]
Notes:
Severability -- Savings -- 1982 1st ex.s. c 43: See notes following RCW 43.52.374.
42.30.030
Meetings declared open and public.
All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter.
[1971 ex.s. c 250 § 3.]
42.30.040
Conditions to attendance not to be required.
A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
[2012 c 117 § 124; 1971 ex.s. c 250 § 4.]
42.30.050
Interruptions — Procedure.
In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting.
[1971 ex.s. c 250 § 5.]
42.30.120
Violations — Personal liability — Civil penalty — Attorneys' fees and costs.
(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(2) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency who prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[2012 c 117 § 126; 1985 c 69 § 1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.]
42.30.130
Violations — Mandamus or injunction.
Any person may commence an action either by mandamus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body.
[1971 ex.s. c 250 § 13.]
~Whitney
Forgive the interruption, but after being directed to this thread (AGAIN), I'm going to put a few thoughts here. Please also forgive the bullet points...again. (Come on you guys, why am I having to do this again?)
1. I have yet to see a single person on this thread---even those who claim that they were "there"---be able to say they were in the gallery at the time.
2. I WAS in the gallery. In fact, I was the first one in there. You can see me in the Carhartt coat, in the front, turned to the side, wearing a green watch cap. Therefore, I would posit that I am in a better position than anyone on this thread to tell you what happened inside the gallery.
3. That means I was also looking in the same direction as the supposed muzzle sweep. Which, by the way, was not occurring.
4. While out in front of the Capitol, we cleared our weapons before transferring them. I find it difficult to believe that a) the State Trooper standing 10 feet from me would have let ANYONE "sweep the crowd", b) anyone would have seen us if we DID do that. Why? Because they were staring in front of them at the speaker like a bunch of sheep who just got done eating. The only people looking up at us were the media, who left covering the rally to come stick their cameras in our faces and cover the REAL story, which at that particular moment was about 20 patriots violating I-594 in full view of the State Patrol on the Capitol steps. How do I know that? Because I was standing there, staring at all of you. Or, should I say, I was staring at the backs of your heads.
5. Contrary to what some folks are having a lot of fun spreading around (No names, of course), we didn't go into the gallery hooting and hollering. We walked in quietly, and then we noticed the legislators peeking out from behind the curtains like timid schoolgirls. Did some folks call out to them and ask what the deuce? Yup. They did. They also asked, rather loudly, if this was what our taxes were being spent for, and one guy told them to come out and earn their paycheck.
6. We did NOT, I repeat, DID NOT "wave our guns in the air." We lifted them for a photo. That's it. By the way, if a few folks on this thread can't figure out how someone could possibly lift their weapon over their head without flagging someone, then I suggest you take a gun safety course because it sounds like you need one.
7. Speaking of gun safety courses, I don't care how many people on this thread claim that their firearm instructor buddies said... I don't care. I was there. I saw them. I saw where the guns were pointed. I'm the liaison who talked to the WSP at the 13th rally, the 15th, and for the upcoming 7th rally. We coordinate with them before we come, we provide intel on people we think will be a problem (instigators and nutjobs), we talk to them while we're there, and we talk to them afterwards as well. This time was no different. And for the record, I personally called the WSP after the 15th rally and discussed the AR pistol with them. While I know most of the people who came with us, there were a few I did not. He was one of them, and he chose to ignore several directives by us before going in. That is his choice, and quite frankly, the photo of him and his rifle wasn't the problem. His inciting people to try and go down on to the House floor and put our feet on the desks was, and he got told in no uncertain terms to cut it out. I know that, because I'm the one who told him to stop it.
8. People can whine all day about our methods. The bottom line is this: The legislature, the speaker, the Lt. Gov, all of these people have two things in common. 1) They are charged with securing and maintaining the rights of the people, who according to the state Constitution and the US Constitution, hold all political power. 2) They do not have the right to tell the people when and where they can exercise their right to arms while in their own Capitol. That building does not belong to Jim Moeller, or Laurie Jinkins, or anyone else. It belongs to the people of the State of Washington, who have the right according to the supreme law of the land, to bear arms without infringement. It's that simple. If the legislature is so terrified of citizens sitting in the gallery with (UNLOADED!!!) rifles, then the question is not "why are you guys bringing rifles in the gallery?" The question is "what are our legislators doing that they would have anything to fear at all from armed constituents watching them do it?"
The answer is in the daily sheets outlining the bills being introduced. Do you know how many gun control bills have been introduced in the last few weeks alone? Are you aware that Laurie Jinkins, the head of the Judiciary committee, is purposely blocking pro-gun bills from leaving committee, while ramming through her own draconian bills meant to disarm the populace? Are you aware that she is a member of the national group of state legislators tasked with bringing to fruition a disarmament of the nation?
We are going back on the 7th of February, and we will defy their unconstitutional laws and arbitrary rules. They will arrest some of us---not only has the WSP stated that publicly, but my contact there has told me that personally. But what you don't understand is that we have no other choice. While others play with court cases that will take forever, and others call legislators who don't give a rat's rectum about what the will of the people is, someone has to go down there and STAND. That is what we're doing. That is what we will continue to do.
For those of you who know Mike Vanderboegh, he'll be standing with us on the 7th. The speakers on the 7th are the state reps from the Freedom Agenda Team. I see some of you will be there as well. Please come find me (redhead, nose ring, tattoos). I want to shake your hand and say thank you, but right now it feels like we are standing alone while everyone else sits back and quarterbacks from their keyboard.
Some of you keep claiming that we are turning Washington into a battleground. What you haven't figured out yet is that it's already BEEN one for a long time. It's just that now, people are finally showing up to fight.
Some of you keep claiming that we are turning Washington into a battleground. What you haven't figured out yet is that it's already BEEN one for a long time. It's just that now, people are finally showing up to fight.
Three fingers of the accusatory finger-pointing fist accuse the accuser.
You mean by demanding that they actually obey state law?
Because the citizens actually complain when they violate the preemption law?
Zactly. Become a thorn in their paw, and they will want to pull it out.
Guess we should have gotten video. Because I was there, and I DID see muzzle sweeps.
My bet is the various filming crews who were hanging around probably have it somewhere buried in their 2-3 hours of footage.
The anti-gun crowd fights against the pro-gun crowd. The pro-gun crowd fights against each other. Nobody fights against the anti-gun crowd. Then the pro-gun crowd blames each other for losing. Seems like the pro-gun crowd can fight with each about whether or not water is wet.
I still wonder if, given the existing rule against using props in a protest in the galleries, that the efforts might be best spent working against I-594 directly , rather than attacking carry in the galleries. But then I'm not the one in WA state. Wish I could be there on the 7th, but family obligations that day.
The fact that some are defending unlawful brandishing and muzzle sweeping as open carry is absurd.