Can someone point me to this new decision?
Try as I might, I'm not finding it. The reason for asking is that the City of Kennewick has issued a training bulletin and the above paragraph is in the bulletin.
Bulletin available here:
http://forum.nwcdl.org/index.php?action=downloads;sa=downfile&id=81
How does one address a law enforcement training bulletin that contains a lie? Some other lawyer than me is going to have to take this on - - I can't.
Putting the words open and carry together in quotes (i.e., "open carry") into a Westlaw search returns exactly one case. That case is State v. Robey, 74 Wash. 562, 134 P. 174 (1913). For those who don't understand legal citations, the case appears in Volume 74 of the Washington reports at page 562 and in Volume 134 of the Pacific Reporter at page 174 and it was decided in 1913.
Even if the date didn't give it away, the volume numbers would. We are up into the 170s in the SECOND series of Washington reports and well over 250 in the THIRD series of the Pacific Reporter (which covers AK, AZ, CA, CO, HI, ID, KS, MT, NV, NM, OK, OR, UT, WA, WY (how Kansas and Oklahoma get include in the Pacific is beyond me)). Oh, yeah, the case dealt with gambling and had nothing to do with firearms.
Changing the search to the rather convoluted but understandable to legal researchers expression reading "restrict & open w/2 carry & firearm" returns no cases. Zero. None. Zip. Nada. Niente. Nichevo. I think you get the point. Changing it to "open w/2 carry & firearm" returns the same - - no cases. Changing it to read ""private building" & firearm" returns only State v. Pang, a 1997 case resulting from the arson fire at the Mary Pang Products warehouse in which four Seattle firefighters died. Searching "open w/3 carry" brings back a boatload of gambling cases from the oughts, teens, 20s, 30s, 40s on up to 1971. Curious obsession with gambling at the Supreme Court.
Additionally, as has been discussed a bazillion times in here, under RCW 9.41.290 and .300,
public building managers have no authority to make rules or policies regarding firearms. If cities and counties can't make up their own firearms rules, building managers sure can't either. Private property owners can do as they please and this is the only part of the bulletin that is marginally accurate. Oh, yeah, making the search ""building manager" & firearm" returns one case and that involved whether a hatchet could be a deadly weapon.
Bottom line: In my not so humble legal opinion, there is no such Washington case, Supreme Court or otherwise, recent or ancient, that says anything like what the Kennewick training bulletin says about building managers and open carry and they need to be called out for this.