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CCW - WA State - Safeco & Quest Fields

Discussion in 'Legal' started by jddssc121, Apr 22, 2008.

  1. jddssc121

    jddssc121 Well-Known Member

    So from reading RCW you can CCW (with license of course:)) in a govt owned "stadium"

    I'm pretty sure Quest and Safeco are privately owned and leased to the city? or am i wrong..?

    anyhow does anyone have experience w/ CCW in either of these places? I'm not so interested in "i did it and nobody noticed"....i'm more interested in hearing about interactions with Staff/Security/KC Sheriff
  2. NavyLCDR

    NavyLCDR member

  3. NavyLCDR

    NavyLCDR member

  4. xpun8

    xpun8 Well-Known Member

    Those are "rules" and will only get you trespassed if they are violated, similar to the mall. If you are looking for a RCW mandated gun free zone, I don't believe either venue is or could be because of preemption.
  5. Mainsail

    Mainsail Well-Known Member

    To clarify, you cannot be trespassed unless you are asked to leave (for any reason) and you remain or return. You can’t be trespassed because of the sign.
  6. testar77

    testar77 Well-Known Member

    Also IIRC in Wa there is a law about CCW in Large public gatherings. Not real specific on what it considers large though.

  7. Mainsail

    Mainsail Well-Known Member

    There is nothing in the law about public gatherings.

    Washington defines a number of places you cannot carry:
    • Any place where carrying firearms is prohibited by federal 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)
    • On the site of an "outdoor music festival" (CRW 70.108.150)
    • Restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (CRW 9.41.300)
    • Areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices, etc. (CRW 9.41.300)
    • The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment (CRW 9.41.300)
    • Any portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age (CRW 9.41.300)

  8. 357WheelGun

    357WheelGun Well-Known Member

    Actually, properly visible signs on the property do constitute notification as far as the legal system is concerned. If you see the sign and knowingly carry, you have committed trespass.

    Trespass simply requires a persistent presence after notification, it doesn't specify that the notification must be person to person. A "No Trespassing" sign is considered to be sufficient notification provided that it is appropriately visible.
  9. NavyLCDR

    NavyLCDR member

    I don't know if the stadiums are posted or not, I would bet that they are. So do the Mariners and Seahawks and the stadiums go on the Do Not Do Business Here list?
  10. Mainsail

    Mainsail Well-Known Member

    Citation please.
  11. rainbowbob

    rainbowbob Well-Known Member

    Interested in this also as I have some tickets for a couple of Mariners games this year. It sounds like the worst that could happen would be removal from the stadium - not loss of CPL. Is that correct?
  12. 357WheelGun

    357WheelGun Well-Known Member

    Mainsail, RCW 9A.52.10, subsection 3, see bolded portion:

    If there are signs conspicuously posted and you enter in violation of those signs, you are guilty of criminal trespass.

    The list of defenses for Criminal Trespass are listed as follows:

    The first defense establishes that criminal trespass in the first degree does not apply to abandoned structures, though it is not a defense against criminal trespass in the second degree.

    The third defense obviously is irrelevant if you ignore posted signs as the signs would negate the reasonable belief that the owner of the premises would allow you to be there in violation of the signs.

    The fourth defense applies only to people serving legal papers and thus does not apply here either.

    That leaves the only defense remaining:

    Note that this first requires that the premises be open to the public.

    Posted signs would indicate that being unarmed is a condition of access to the premises. By willfully entering the premises in violation of this condition a person will have committed trespass. One may be willing to press the issue and hope that one is simply asked to leave, however the letter of the law is such that one would be open to prosecution.

    That said, the charge would likely be Criminal Trespass in the Second Degree, which is a misdemeanor and not a felony and is not among the listed misdemeanors that would make one ineligible to hold a CPL. Even Criminal Trespass in the First Degree is still "only" a gross misdemeanor and should not affect one's CPL even if convicted.

    I am not a lawyer, however. This does not constitute legal advice.
  13. Mainsail

    Mainsail Well-Known Member

    First, thank you for being able to back up what you say! It doesn’t happen much in this forum.

    Ok, we’ll start with the first quote
    I fixed the bolded portion to make it self explanatory. That whole paragraph is about land, not businesses that welcome the public, (acknowledging that some businesses do not welcome the public onto their property).

    As to the second quote
    Posted signs would indicate that being unarmed is a condition of access to the premises, but are not necessarily a lawful condition of entry.

    Posting a sign that bars the carry of firearms into a business, say Applebees, is not a ‘lawful condition’, but a business preference. There is no law that says you cannot carry into a restaurant, thus you are complying with all lawful conditions imposed. Now, there is a law that we cannot carry our firearms into the portion of Applebees that is off limits to persons under the age of 21 (the bar area). That area will be signed banning firearms and is a lawful condition of entry into that area.

    Even if we accept your argument there is no way of ensuring that the sign will be seen by all customers upon entry, short of posting an employee to interrogate customers as they walk through the door. I openly carried my 1911 into Jareds Jewelery in Tacoma, only to be stopped by their armed guard. Despite the HUGE letters all over the door, I completely missed it! I was asked to leave.

    No, not a lwayer either ;)
  14. Old Dog

    Old Dog Well-Known Member

    Good luck with that. Criminal trespass happens to be one of the gross misdemeanors that will result in forfeiture of your CPL. If it's a weapons-related offense, do you really want to take your chances with the King County Prosector's Office? Oh, and by the way, they'll yank your CPL before you go to court and, even if you get off, want to guess how long it'll take to get your CPL back?
  15. rainbowbob

    rainbowbob Well-Known Member

    :confused: :confused: :confused:

    I demand to speak to an attorney!
  16. Old Dog

    Old Dog Well-Known Member

    Rainbowbob says
    Let's ask the state:

    RCW 9A.52.070
    Criminal trespass in the first degree.

    (1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
    (2) Criminal trespass in the first degree is a gross misdemeanor.

    [from the DOL website]
    Requirements: Concealed pistol license
    What requirements must I meet to get a license?
    You must meet all of the following requirements:

    21 years of age or older at time of application.
    United States citizen or have an alien firearms license issued by the Department of Licensing in Olympia. Our phone number is (360) 664-6616.
    No pending trial, appeal, or sentencing on a charge that would prohibit you from having a license.
    No outstanding warrants for any charge, from any court.
    No court order or injunction against possessing a firearm.
    No mental health conditions that would prohibit you from having a license.
    No felony convictions.
    No convictions for any of the following crimes committed by one family member against another on or after July 1, 1993:
    Assault IV
    Reckless Endangerment in the second degree
    Criminal Trespass in the first degree
    Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from the residence

    As I asked before, do you really want to take your chances with the KC Prosecutor's Office?

    Trust me, I've seen how quickly folks can get CPLs pulled -- even before going to court -- and for what many here would consider trivial offenses.
  17. rainbowbob

    rainbowbob Well-Known Member

    I'm still not certain that being in a stadium with a ticket in hand and a pistol in my pocket would constitute criminal trespass in the first degree. That being said, I AM certain I do NOT want to tussle with the prosecutor with my CPL in the balance.
  18. Mainsail

    Mainsail Well-Known Member

    That refers to a person's house or shed, or an office building not typically open to the public. Walking into the 7-11, sign or not, is not 'entering or remaining unlawfully' in a building.

    To elaborate; an action isn’t unlawful unless there is a law the specifically illegalizes the action. Since there is no law against entering a building that is open to the public (Applebees or 7-11) your being there, regardless of your sidearm, is lawful, thus the text in the law you quoted is inapplicable. If, however, you are notified by someone who has authority over the building, like a manager or cashier, that they do not want you there for whatever reason, you are required to leave. If you remain, you are ‘unlawfully remaining’ in the building.
    Since there is no law against firearms carry in a 7-11, the police cannot arrest you or even detain you for being there without regard for their signage. What they can do is trespass you, which is a written notification that you may never return. If you violate the trespass, you will be arrested for trespassing, not for carrying a firearm into the store.
  19. MillCreek

    MillCreek Well-Known Member

    I do the no-trespass orders for work, in which we bar people from coming onto our property. These are usually former patients or employees who have threatened us, assaulted staff or the like. I send them a notice in which I revoke their permission to enter our property as a patient, visitor, member of the public or business invitee. If they so show up, we call 911, I show the police a copy of the order and the evidence of service, and the police arrest the trespasser. As a private business, even one that is open to the public, a property owner can revoke permission to enter or remain upon the property.

    Are the baseball and football stadiums private or government-owned public property?
  20. Old Dog

    Old Dog Well-Known Member

    Mainsail, the question's been asked and answered. According to Padula Associates, LLC, actual attorneys who specialize in gun rights issues, "It's illegal to carry a concealed firearm, even with a CPL, in a bar, on private property where posted or at most schools."

    You said,
    357Wheelgun noted the applicable statute in his post, and again, if the property is posted, you're in violation of the criminal trespass statutes.

    While you'd probably be able to plea down if caught, do you really want to test the statute?

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