anyone open conceal

[CP]

I represented a guy for open conceal years and years ago.  I can't remember where, but if I recall correctly it was a municipal code that controlled in that case.  I think the RCW's are silent to the issue. 

Shawn

I shouldn’t argue law with a lawyer but since 1994 municipal code doesn’t matter:


RCW 9.41.290
State preemption. 

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

[ICEMAN]

Uh....CP....dont worry about arguing with a lawyer....I know laywers.....If you weren't arguing with them, they would feel like something was wrong.

[scudmaster]

Uh....CP....dont worry about arguing with a lawyer....I know laywers.....If you weren't arguing with them, they would feel like something was wrong.

Yeah that!

[Jekemi]

Mayor Nichols passed an executive order, despite city council or Washington state laws; stating that no one can carry a concealed weapon within city limits on any city owned property. The law is a direct challenge to both city and state laws. I wrote him and he replied. Here is his reply. This is total disregard for the 2nd Amendment and to the recent US Supreme Court decision. NRA is formulating a challenge now. Note his comment regarding our laws as, "some of the weakest in teh country." This guy lives on Mars.

Dear David:

Thank you for your correspondence regarding a “gun free” policy for city property.

The gun regulations in our state are some of the weakest in the country. While we have severe penalties for those who commit crimes with guns, state laws do very little to prevent convicted felons, children and the mentally ill from obtaining firearms. For many years the legislature has failed to pass common sense legislation that would protect our citizens by keeping guns out of the hands of those who should not have them. For example, our state allows mentally ill persons who have been involuntarily committed for fewer than 90 days to purchase and possess firearms. This year, the City of Seattle and the State Attorney General supported legislation that would have closed this mental health loophole, but the legislature failed to act on it.

The Washington State Supreme Court has ruled that cities may impose conditions related to firearms use on city property. The court held that certain types of firearms regulations related to city-owned property do not violate the State’s preemption statute.

I have directed city departments to adopt rules and policies related to firearms and other dangerous weapons that are permitted under the state’s preemption law. These rules do not infringe on Second Amendment rights nor do they violate the state’s laws and ordinances regulating firearms. While these new rules may inconvenience some gun owners who wish to bring their guns on city property, they will result in safer activities and events for all residents and visitors to our city.

We are currently studying how to appropriately enforce this order, beginning with signage and other notices of the rules.  No rule, policy or regulation can stop all violent acts from occurring.  However, we do know that by reducing the number of guns and dangerous weapons that are brought onto city property, the less chance there will be for violence to occur.

Thank you again for contacting the City of Seattle.

Sincerely,

GREG NICKELS
Mayor of Seattle

[scudmaster]

Nickels is a clown! By his logic, banning handguns in DC should have made it the safest city in the country.  We know how that turned out.  I hope this gets struck down soon.

[ICEMAN]

Nickels is a clown! By his logic, banning handguns in DC should have made it the safest city in the country.  We know how that turned out. 

Great point! 

[tlbradford]

I have directed city departments to adopt rules and policies related to firearms and other dangerous weapons that are permitted under the state’s preemption law. These rules do not infringe on Second Amendment rights nor do they violate the state’s laws and ordinances regulating firearms. While these new rules may inconvenience some gun owners who wish to bring their guns on city property, they will result in safer activities and events for all residents and visitors to our city.

Thank goodness that taking firearms away from lawful citizens will result in safer activities.  I could name hundreds of instances where law abiding gun owners shot up a crowd, mugged a pedestrian, committed murder, or was involved in a car jacking.  Where do these guys get any of their information, what a moron.

We are currently studying how to appropriately enforce this order, beginning with signage and other notices of the rules.  No rule, policy or regulation can stop all violent acts from occurring.  However, we do know that by reducing the number of guns and dangerous weapons that are brought onto city property, the less chance there will be for violence to occur.

Those signs are an invitation not a deterant to criminals.  If you want a deterent to gun related crimes, put up signs that say "All employees on city property are armed and trained to inflict deadly force on would-be criminals."

[Dave Workman]

This thread seems to be drifting.

Item #1
Open carry is legal as noted earlier. It is protected by state law, the state constitution and two appeals court rulings with which I am familiar.

It is not "absolute," however, because of RCW 9.41.270 (1) you can be detained and even prosecuted in the event somebody is alarmed at the sight of your handgun.
Thanks to a guy named Lonnie Wilson, a lot of police departments are now up to speed on open carry, and they seem to be backing away from arresting people for the mere act of having a holstered gun in plain sight...with some exceptions involving some over-zealous police officers who, according to reports I've received, seem to be making up the law as they go along until somebody calls them on it.


As to Hizzoner Mayor Nickels, the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms, both based in Bellevue, have already fired a legal shot across his bow, and he hasn't really done anything yet but talk about a ban, which is wholly illegal under state preemption, and I believe he knows it. His attorneys may argue otherwise just to see how far they can push this, but let's hope they are not so foolish as to actually try to institute such a ban by "royal fiat."

[MountainWalk]

I suggest that everyone who owns a gun, sporting or defense, get Dave's phamplet. The name escapes me, but it is totally complete.  And no, I dont know Dave.

[MikeWalking]

I suggest that everyone who owns a gun, sporting or defense, get Dave's phamplet. The name escapes me, but it is totally complete.  And no, I dont know Dave.

Dave Workman.  He also makes some really fine Holsters.