Washington State CCW laws - Page 2
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Thread: Washington State CCW laws

  1. Quote Originally Posted by mrclish View Post
    I am moving to Tocoma WA. I have a CCW. from MI. Now WA dose approve of MI CCW but what if I move there. Do I need to get a new one for WA or can I what till mine expires and just renew it in WA? Thanks for your help.
    BTW, don't wait to apply for your Washington CPL, though. Apply for it immediately because there is no residency requirement and until you've had a Washington ID that is at least 90 days old, the maximum waiting period for the CPL is the same. There is no difference between a non-resident and a resident WA CPL.

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  3. Thanks for this thread...

    I was wondering if this section of the law:

    • Public or private elementary or secondary school premises, school-provided transportation, or areas/facilities while being used exclusively by public or private schools (CRW 9.41.280)
    Applies to for-profit higher education...

    I currently am taking some retraining classes at a for-profit school at night, and I have to park in a shady area. I am enrolled, but only to get a certificate. Don't know if student status matters.

    The school (ITT) put out a firearms prohibited bulletin on June 1st. Does this trump concealed carry law?

    I had spoken to an attorney before about whether for-profit schools are exempt and he said that in WA state there is a pretty strong case for that argument. Based on the language he said it would be exempt. But since they put out that bulletin, should I quit carry? Don't wanna lock my gun in my jeep.

  4. Quote Originally Posted by WA_State View Post
    Thanks for this thread...

    I was wondering if this section of the law:

    Applies to for-profit higher education...

    I currently am taking some retraining classes at a for-profit school at night, and I have to park in a shady area. I am enrolled, but only to get a certificate. Don't know if student status matters.

    The school (ITT) put out a firearms prohibited bulletin on June 1st. Does this trump concealed carry law?

    I had spoken to an attorney before about whether for-profit schools are exempt and he said that in WA state there is a pretty strong case for that argument. Based on the language he said it would be exempt. But since they put out that bulletin, should I quit carry? Don't wanna lock my gun in my jeep.
    Primary and secondary schools are grades K-12. If the school you are going to is also a K-12 school, then guns are illegal (except for the exceptions for being locked in the car) on the premises.

    You need to understand that there is a difference between it being illegal to carry a gun and a gun prohibition. It is illegal to carry a gun on K-12 school property (except for the exceptions) because it is against an actual statute. Most (if not all) Washington Universities have gun prohibitions - and if they are state universities their prohibitions are contained in the Washington Administrative Code. Carry a gun on a university campus is not illegal, however. So - carry a gun on K-12 school property you can be arrested for actually carrying the gun in violation of RCW 9.41.280. Carry a gun on university property and the university can tell you to leave their property and/or expel or suspend you if you are a student. If you don't leave when told to do so, you can be arrested for trespassing, but not for illegally carrying a gun.

    Sounds like your school is not a K-12, so guns are prohibited by the school, but not illegal by law. The school can tell you to leave the property and can terminate your enrollment with them, but you can't be arrested for the gun by itself.

    Also, go to a K-12 school and look for the gun buster sign required by 9.41.280. Then look for the same sign at ITT. However, it is not unheard of for a school that is not covered by 9.41.280 to put up their own signs that have 9.41.280 on them anyway, even though the statute does not apply to them. If it is a state funded higher education (> grade 12) school, they should have a WAC listed on their sign, rather than an RCW.

  5. Thanks for the feedback.
    Quote Originally Posted by NavyLT View Post

    Sounds like your school is not a K-12, so guns are prohibited by the school, but not illegal by law. The school can tell you to leave the property and can terminate your enrollment with them, but you can't be arrested for the gun by itself.

    Also, go to a K-12 school and look for the gun buster sign required by 9.41.280. Then look for the same sign at ITT. However, it is not unheard of for a school that is not covered by 9.41.280 to put up their own signs that have 9.41.280 on them anyway, even though the statute does not apply to them. If it is a state funded higher education (> grade 12) school, they should have a WAC listed on their sign, rather than an RCW.
    I checked and although I am enrolled just for a certificate program, they consider me in the same category as a student. I am subjected to the same code of conduct.

    I haven't noticed any signs there, although I had looked for them. It seems like the sign is a mandatory requirement for 9.41.280 then, but most likely wouldn't be a stipulation that would affect charges being brought against someone. In other words, even if they don't have a sign posted, it still probably doesn't disqualify you from the law.

    So really, ITT isn't covered by the educational clauses, it is more an issue of private property vs concealed carry. I have a friend who teaches a class at a similar trade school (in WA state)and conceal carries. If students can be expelled, then I am sure he could be terminated.

    Just out of curiosity, how does the actions a place takes against someone who CC's weigh in against the constitutional legality? Does it become an issue of civil law rather than criminal law? Maybe there are cases out there that talk to this issue...

    It seems it would relate to how/if the CC was discovered, I am correct in this?

    So it seems it is a matter of private property over legality.

    In the case of an employee or student at a location like this, who would be terminated under this workplace declaration, would they be able to claim constitutional violation of rights? Wonder if there are any ongoing issues in WA state relating to this.

    Thanks again for your reply.

  6. Found a couple of things which may be useful.

    RCW 9.41.290 State Preemption Which basically refers to local ordinances not being able to trump State carry laws.

    This states that Public employers have the right to regulate, but not beyond the walls of the workplace (ie as in the parking lot etc)
    Here is an opinion from an Attorney

    I can't find anything that refers to State Preemption vs. Private Property that would back up Concealed Carry. But, I wonder if the fact that the school is an educational facility and serves the public would put it into a different category.

  7. An exception

    It might be worth mentioning one of the exceptions to the restrictions. Under RCW 9.41.280 (Possessing dangerous weapons on school facilities- Penalties- 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.

    ...which means that if I have a concealed carry permit I am within my rights to carry on school premises if i am picking up or dropping off my children.

  8. #17
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    I can't find anything that refers to State Preemption vs. Private Property that would back up Concealed Carry. But, I wonder if the fact that the school is an educational facility and serves the public would put it into a different category.
    ITT is private property and if you were found to be carrying a weapon there is no penalty by state law. However the school may terminate your classes and trespass you. If you refuse to leave the property then you can be cited.

  9. Quote Originally Posted by m1gunr View Post
    ITT is private property and if you were found to be carrying a weapon there is no penalty by state law. However the school may terminate your classes and trespass you. If you refuse to leave the property then you can be cited.
    That's a good call. I found similar information.

    I suppose it could play out like this:
    Oregon Commentator » Blog Archive » Student with CHL Arrested and Suspended at WOU

    Unfortunately, Jeffrey is not free and clear. According to an Oregon Firearms Federation news alert, a tribunal of four students and one WOU staff member sentenced him to:

    “a psychological evaluation stating he is not a threat to himself of others” and a mandatory “ten page paper” ” with references, “citing, but not limited to:
    1) the importance of following the law, even through civil disobedience.
    2) the importance of accepting responsibility for one’s actions
    3) and recognizing the impact possession of weapons on college campuses has on others.”
    I believe that the imposition of such a list of passive aggressive demands is measurable on the use of force continuum.

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