Whitney
Regular Member
This thread is regarding the "ban" / "not a ban" of openly carried firearms in the legislature. I am looking for some guidance on how to proceed with getting the enacted open carry measure rescinded.
Posted below is an email exchange between myself and the legislative counsel for the House. I have re-arranged the text to read from top to bottom.
~Whitney
>>>>>>>>>>>>>>>>>
From: Whitney Slater
Date: March 27, 2015
To: <Barbara.Baker@leg.wa.gov
Subject: Public Records Request
Can you provide copies of administrative records of the Clerk of the State House of Representatives regarding the decision to ban the open carry of firearms in the public gallery. The meetings culminating in the decision would have taken place between 5-25 January 2015.
The Act does apply to administrative records of the Clerk of the State House of Representatives and of the Secretary of the Senate. RCW 42.56.100. - See more at: http://www.rcfp.org/washington-open...-are-and-are-not-subje-3#sthash.DV2tyk5d.dpuf
I would like to be able to share the details of the process on a public Internet forum, any assistance you can provide is greatly appreciated.
I am not able to locate the Public Gallery rules online and am interested to know if there are lock boxes for those who cannot legally conceal a firearm as per RCW 9.41.300. Or, will they be turned away and be prevented from watching our government in action.
Very Respectfully,
Whitney Slater
Poulsbo
On 04/14/2015 , Logerwell, Andrew wrote:
Good morning,
On March 27, 2015 you sent the email that is at the bottom of this message requesting certain documents under Washington’s Public records act. As I noted in my March 30, 2015 email, the records you are requesting do not fall within the definition of a ‘public record’ for purposes of the House of Representatives. See. RCWs 42.56.010(3) and 40.14.100.
Setting aside that statutory reality, there was no ‘decision to ban the open carry of firearms in the public gallery’. The House consistently applied a long standing rule precluding political demonstrations in the public viewing galleries to the latest form of admittedly public protest in the same way the House prohibits banners, signs, chanting or singing.
Because of both the factual and legal backdrop of this issue, a diligent search has not produced any public documents that would be responsive to your request.
Thank you for you continued interest in the work we do here in Olympia, please call, email or write if you have any questions.
Andrew Logerwell
House Counsel
Washington State House of Representatives
(360) 786 7767
On 04/14/2015 , Whitney wrote:
Thank You , I sincerely appreciate your efforts.
I have reviewed the House and Senate rules and am not able to find the rule precluding political demonstration.
You state there was no 'decision to ban the open carry of firearms in the public gallery' yet a long standing rule was invoked to preclude the demonstration of a few political activists.
It my assertion invoking this "rule" violates standing law by requiring citizens visiting the legislature to conceal firearms. I would rather see it described that a state-imposed infringement of a natural rights is being imposed due to wanton prejudice toward individual ownership and possession of firearms. That would clearly explain the intent without ambiguity to be adjudicated by the people.
The House & Senate rules and the Washington State Constitution contain provisions for the legislature to maintain, and preserve order and decorum, with this I agree. Pursuant to the rules, the Sergeant at Arms shall be ordered to suppress any disturbance or disorderly conduct. I also assert this rule was not complied with, rather it was overlooked and a broad interpretation was made on the basis of political demonstration.
You have previously stated Article II of the Washington State Constitution gives the legislature authority to make rules and to control all aspects of legislative proceedings. Article I of the Washington State constitution also preserves right of the individual citizen to bear arms in defense of himself, or the state, and shall not be impaired.
Requiring citizens visiting the legislature to conceal firearms means they must first acquire a concealed pistol license, this conditional limitation on access to government does not pass constitutional muster.
The only way for a citizen to otherwise legally carry a firearm is to openly carry for all to see. The open carry of a firearm is not by its self a "political demonstration", and does not merit prohibition by the Legislature of Washington.
With the aforementioned in mind the following questions remain.
1. A citizen visiting the legislature who does not poses a concealed pistol license, and is openly carrying a firearm is prohibited from what exactly?
2. Does the legislature provide lock boxes for visitors without concealed pistol licenses to store firearms, or will the visitor be denied access to the government?
Very Respectfully,
Whitney Slater
Poulsbo
Posted below is an email exchange between myself and the legislative counsel for the House. I have re-arranged the text to read from top to bottom.
~Whitney
>>>>>>>>>>>>>>>>>
From: Whitney Slater
Date: March 27, 2015
To: <Barbara.Baker@leg.wa.gov
Subject: Public Records Request
Can you provide copies of administrative records of the Clerk of the State House of Representatives regarding the decision to ban the open carry of firearms in the public gallery. The meetings culminating in the decision would have taken place between 5-25 January 2015.
The Act does apply to administrative records of the Clerk of the State House of Representatives and of the Secretary of the Senate. RCW 42.56.100. - See more at: http://www.rcfp.org/washington-open...-are-and-are-not-subje-3#sthash.DV2tyk5d.dpuf
I would like to be able to share the details of the process on a public Internet forum, any assistance you can provide is greatly appreciated.
I am not able to locate the Public Gallery rules online and am interested to know if there are lock boxes for those who cannot legally conceal a firearm as per RCW 9.41.300. Or, will they be turned away and be prevented from watching our government in action.
Very Respectfully,
Whitney Slater
Poulsbo
On 04/14/2015 , Logerwell, Andrew wrote:
Good morning,
On March 27, 2015 you sent the email that is at the bottom of this message requesting certain documents under Washington’s Public records act. As I noted in my March 30, 2015 email, the records you are requesting do not fall within the definition of a ‘public record’ for purposes of the House of Representatives. See. RCWs 42.56.010(3) and 40.14.100.
Setting aside that statutory reality, there was no ‘decision to ban the open carry of firearms in the public gallery’. The House consistently applied a long standing rule precluding political demonstrations in the public viewing galleries to the latest form of admittedly public protest in the same way the House prohibits banners, signs, chanting or singing.
Because of both the factual and legal backdrop of this issue, a diligent search has not produced any public documents that would be responsive to your request.
Thank you for you continued interest in the work we do here in Olympia, please call, email or write if you have any questions.
Andrew Logerwell
House Counsel
Washington State House of Representatives
(360) 786 7767
On 04/14/2015 , Whitney wrote:
Thank You , I sincerely appreciate your efforts.
I have reviewed the House and Senate rules and am not able to find the rule precluding political demonstration.
You state there was no 'decision to ban the open carry of firearms in the public gallery' yet a long standing rule was invoked to preclude the demonstration of a few political activists.
It my assertion invoking this "rule" violates standing law by requiring citizens visiting the legislature to conceal firearms. I would rather see it described that a state-imposed infringement of a natural rights is being imposed due to wanton prejudice toward individual ownership and possession of firearms. That would clearly explain the intent without ambiguity to be adjudicated by the people.
The House & Senate rules and the Washington State Constitution contain provisions for the legislature to maintain, and preserve order and decorum, with this I agree. Pursuant to the rules, the Sergeant at Arms shall be ordered to suppress any disturbance or disorderly conduct. I also assert this rule was not complied with, rather it was overlooked and a broad interpretation was made on the basis of political demonstration.
You have previously stated Article II of the Washington State Constitution gives the legislature authority to make rules and to control all aspects of legislative proceedings. Article I of the Washington State constitution also preserves right of the individual citizen to bear arms in defense of himself, or the state, and shall not be impaired.
Requiring citizens visiting the legislature to conceal firearms means they must first acquire a concealed pistol license, this conditional limitation on access to government does not pass constitutional muster.
The only way for a citizen to otherwise legally carry a firearm is to openly carry for all to see. The open carry of a firearm is not by its self a "political demonstration", and does not merit prohibition by the Legislature of Washington.
With the aforementioned in mind the following questions remain.
1. A citizen visiting the legislature who does not poses a concealed pistol license, and is openly carrying a firearm is prohibited from what exactly?
2. Does the legislature provide lock boxes for visitors without concealed pistol licenses to store firearms, or will the visitor be denied access to the government?
Very Respectfully,
Whitney Slater
Poulsbo
