School facilities: pick up/drop off

[luv2shoot]

redboneshadow...

Did you mean a CPL holder can OC in the Zone legally?

When I think OC, I first assume unlicensed. That's because I think about OCing only when I'm out of my state. I don't OC in my state.

Thanks everyone for your input!

[NavyLCDR]

redboneshadow...

Did you mean a CPL holder can OC in the Zone legally?

Yes, that is correct. The CPL provides the exception to the 1000' Gun Free School Zone FEDERAL Law, so that law becomes completely inapplicable to a CPL holder - if their CPL was issued by the same state the school is in.

There is no 1000' School Zone state law in Washington. Only a prohibition against carrying on the actual premises of the school, anything outside the fence line, including the sidewalk, is not on the premises of the school.

Thus, with a CPL, open carry on the sidewalk off the premises of the school is legal in Washington, and on the premises of the school while picking up or dropping off a student (and during other exceptions) is lawful as well. Just not in the building, as someone corrected me.

When I think OC, I first assume unlicensed. That's because I think about OCing only when I'm out of my state. I don't OC in my state.

Thanks everyone for your input!

Why don't you open carry in Washington?

[santa]

RCW 9.41.280: Possessing dangerous weapons on school facilities

RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
...
(3)
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
...


It's obvious that one can't enter a school building even with a CPL, but I'm wondering if one with a CPL, in possession and concealing, can exit their vehicle and occupy ANY SPACE on school premises but outside the buildings for the purpose of "picking up or dropping off a student."

Has anyone heard of any stories, case law, etc., where this has been an issue or clarified? Or is it just plain obvious and I'm overly concerned?

Thanks.

i live in eastern washington. i have read and re-read the rcw. the section is entitled 'possession of dangeruous weapons on scchool facilities'. the law does not make any distinction between in a building or out. school facilities include gyms,school rooms.and parking lots among other things. i also checked with my lawyer and with a school board member. you may carry your gun onto and including parking lots and inside buildings IF AND ONLY IF you are picking up or dropping off a student. now i am talking about concealed carry. the law is somewhat vague about open carry under the same circumstances. but even if i could open carry while picking up or dropping off a student i would not. please no hate mail from open carry people. if someone saw you open carry your gun into a school and called leo something would hit the fan and every leo within a light-year would come. open carring on a public sidewalk in front of a school is a different matter. it is true that with a cpl you can carry open or concealed and be within both state a federal law on the sidewalk. but then again if someone called leo at the very least you would be detained for awhile. also a quirk in washington law allows loaded open carry without a permit but requires a cpl to have a loaded gun either open or concealed in a car. confusing? lastly i am not against open carry.

[NavyLCDR]

the law does not make any distinction between in a building or out.

The law does make a distinction:

(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

The picking up/dropping off students exception is 3(e).

[santa]

RCW941.280 section(1) it is unlawful for a person to carry onto or possess on,public or private elememtary or secondary school premises,school provided transportation,or areas of facilities while being used exclusively by public or private schools.... rcw 941. 280 section (3) reads subsection 1 of this section shall not apply to; (e)any person in possession of a pistol who has been issued a license under RCW941.70, or is exempt from the licenseing requirement by RCW041.060 while picking up or dropping off a student........ premises means building doesnt it?

[NavyLCDR]

RCW941.280 section(1) it is unlawful for a person to carry onto or possess on,public or private elememtary or secondary school premises,school provided transportation,or areas of facilities while being used exclusively by public or private schools.... rcw 941. 280 section (3) reads subsection 1 of this section shall not apply to; (e)any person in possession of a pistol who has been issued a license under RCW941.70, or is exempt from the licenseing requirement by RCW041.060 while picking up or dropping off a student........ premises means building doesnt it?

Section (6) still stands by itself, however and is a completely separate prohibition than section (1). The exemption is (3)(e) does NOT apply to the separate and distinct prohibition contained in section (6):

(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

[santa]

i guess we will have to agree to disagree on this one. someday somebody will test this one in court and it will be resolved.

[NavyLCDR]

i guess we will have to agree to disagree on this one. someday somebody will test this one in court and it will be resolved.

I am failing to see any evidence presented as to why section (6) of the statute does not prohibit carrying firearms in a school building. Did I miss somewhere where you explained why paragraph (6) does not apply?