imported post
I got something from a posting made by Joe Waldron last month.
The prohibition of firearms on the Capitol Campus was based on a WAC. When challenged to produce the statutory justification for same, they backed down. The Department of General Administration back in the late 90s submitted an agency request bill to add a Capitol Campus restriction to RCW 9.41.300. It failed.
.....
I have never heard of any agency discussions to ban firearms on ferries (there were some speculative newspaper articles post 9/11). DOT's position has been consistent: the ferry system in WA is an extension of the highway system. If it's legal on the highway, it's legal on the ferry.
Joe Waldron doesn't post on here, but he does post on Packing.org.
He is correct in that the WAC, which presumably any such firearm ban must exist, must have some form of statutory justification to exist. This is due to other court rulings which do not deal with RCW 9.41.290 which limit the authority of state agencies to write whatever rules they want into the WAC. If the WSDOT or WSF were to try to ban firearms possession beyond the state law, it would face a tremendous amount of legal opposition. DOT won't go there, just like General Administration yanked the Capitol Ban when they realized they went too far.
As for Universities and the rest, well, someone has to challenge them too. The question is whether or not they'll run and cry to the Legislature to get a post-secondary gun ban approved. From a political perspective, it's would be a lot easier to pass a university gun ban through the Washington Legislature than it would be passing a Ferries gun ban.
Ferries are essentially roving state highways. They are NOT common carriers. If they were there would be some sort of contract of carriage involved. They are no more common carriers than our public transit buses here in the Puget Sound region, which all have backed down from their "no weapon or firearm" rules. You said call WSF. I did at least insofar as confirming if they're considered a "common carrier". Their answer was "No, we're a state public transport agency, common carriers are bus lines like Greyhound and like Amtrak".
I was incorrect insofar as RCW 9.41.290's application to state agencies (Oregon's preemption state doesn't have this issue). I will be asking for clarification on the WAC must have RCW justification from a few different sources, WITH case citations.
As for Federal Maritime law, are you trying to tell me that it's illegal for someone to possess a firearm on a boat? My understanding is that Maritime law at least as far as firearms are concerned follow the laws of the state where you're located.
I'd also like to ask what your legal citations are for gun bans on common carriers. Do NOT use airlines, either, because that is affected by a law that's not in 18 USC 922.