School facilities: pick up/drop off - Page 2
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Thread: School facilities: pick up/drop off

  1. #11

    OC off school property

    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!

  2.   
  3. Quote Originally Posted by luv2shoot View Post
    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.

    Quote Originally Posted by luv2shoot View Post
    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?

  4. #13
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    Quote Originally Posted by luv2shoot View Post
    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.

  5. Quote Originally Posted by santa View Post
    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).

  6. #15
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    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?

  7. Quote Originally Posted by santa View Post
    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.

  8. #17
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    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.

  9. Quote Originally Posted by santa View Post
    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?

  10. Sort of on topic

    "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"

    So if I have a Washington CCL, and my church meets in a school OR my church has a private school attached, I am legal to carry while attending church?

    EDIT:

    On second read I'm assuming the law is interpreted "public or private elememtary or secondary school premises", "school provided transportation", or "areas of facilities while being used exclusively by public or private schools"

    That being said I should still be able to CC at a church that has a private school?

  11. Quote Originally Posted by Scaredfuzz View Post
    EDIT:

    On second read I'm assuming the law is interpreted "public or private elememtary or secondary school premises", "school provided transportation", or "areas of facilities while being used exclusively by public or private schools"

    That being said I should still be able to CC at a church that has a private school?
    That's the way I read the statute. I would think, but this is only my opinion, I have no reference to back it up, that you would be able to carry in the areas of the church where church services were held, but that the areas that were dedicated to the private school would be off limits, except for outside the building when picking up and dropping off students by a CPL holder (and the other exceptions to the school law).

    And here's one you might not be aware of: state licensed daycare centers must, as a condition of their license, prohibit firearms in the daycare center or they could lose their license. That requirement is contained in the Washington Administrative Code, not the Revised Code of Washington.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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