WA - Carry/Possession now LEGAL in WA State Parks

[deanf]

See this thread: http://www.packing.org/talk/thread.jsp?talk_thread=19022

Apperently someone on the forums at packing.org has been lobbying to get WA State Parks to comply with state law, and remove their administrative prohibition on possession in state parks. WA has a preemption statute.

Here are the previous rules, made by the State Parks and Rec Committee:

WAC 352-32-120 Firearms and/or weapons. No person shall possess a firearm with a cartridge in any portion of the mechanism within any upland state park area, nor shall any person discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010, a firearm, bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state parks use. This WAC does not apply to general authority Washington peace officers as defined in RCW 10.93.020. This WAC does not apply to other commissioned law enforcement officers who are in the performance of their official duties.

Here are the new rules, which will take effect mid-january, as adopted by the committee at it's 12-4-03 meeting:

WAC 352-32-120 Firearms (1) No person shall discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010 a firearm, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use. Any violation of this section is a gross misdemeanor.

(2) The possession, display, carrying, discharge or use of a firearm is further regulated under chapter 9.41 RCW.

NEW SECTION

WAC 352-32-121 Other weapons. No person shall display, discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010, a bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use.

You'll notice that the prohibition language is gone. Thanks is apperently due Rainbowsix at packing.org for this change.

 

[Chupacabra]

I don't really go to state parks, but that's great!

 

[Leatherneck]

I don't get it:

or any device capable of injuring or killing any person or animal

that certainly still includes firearms. So what's changed? Just that they no longer say the dirty words "firearm" and "cartridge"? Looks to me as if weapon carriage and employment is still prohibited. The "new" rules would also seem to put you at risk for actually using a weapon, even in self defense.

TC
TFL Survivor

 

[deanf]

Leatherneck, you'll notice that the words "No person shall possess" have been removed from the administrative code.

According to the old code, it was a crime to possess a gun anywhere in a state park; on your person, in your car or camper - anywhere.

The new code removes the prohibition on possession, and gives a nod to RCW 9.41, which contains the state's preemption and CCW statutes. Since possession and carry is prohibited nowhere else in state law, it now becomes legal to carry/possess in state parks.

I suppose one could read the language "No person shall display" in the code as a prohibition on open carry. Open carry is already defacto illegal in WA.

The "new" rules would also seem to put you at risk for actually using a weapon, even in self defense.

Shooting in self-defense is legal, codified in state law, the Revised Code of Washington. The park rules are Washington Administrative Code. The RCW trumps the WAC.

 

[Leatherneck]

Aha. I see. Good on you guys. How does the WA preemption statute read? Ours in VA essentially says to all counties and cities, "**** about guns." Sounds like WA law only establishes state precedence in CCW?

TC
TFL Survivor

 

[OF]

Right on Washington! Right on, right on, right on.

- Gabe

 

[deanf]

Re: How does the WA preemption statute read?

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.

 

[Leatherneck]

Looks like WA and VA are similar. Now, if we in both states could get the National Park ban lifted, we'd be able to enjoy the considerable NP bounuties resident within our states in safety. :banghead:

TC
TFL Survivor