Washington State passed an Act prohibiting the open carry of certain weapons at public permitted demonstrations and the state capitol.
Sen. Kuderer, 48th District, claimed a misunderstanding that the State Patrol had asked for an Emergency Clause when it had not, restricting the citizens opportunity to gather signatures for a referendum. Sen. Mike Padden (R) argued regardless of the mistake the People were given false information and acted upon it, because of this he did no concur moving the Act forward.
History
Summary of Engrossed First Substitute Bill:
It is unlawful for any person to knowingly open carry a firearm or any weapon:
• while at any demonstration being held at a public place — this prohibition applies whether the person carries the weapon on their person or in a vehicle;
• within 250 feet of a demonstration at a public place after a duly authorized state or local law enforcement officer advises the person of the demonstration and directs the person to leave until they no longer possess or control a weapon—this prohibition does not apply to any person possessing or controlling any firearm or other weapon on private property owned or leased by that person; and
• on the west state capitol grounds, in any building on the state capitol grounds, in any state legislative office, or at any location of a public legislative hearing or meeting during the hearing or meeting.
Federal, state, and local law enforcement officers and personnel are exempt from the prohibition when carrying a firearm in conformance with their employing agency's policy.
"Permitted demonstration" means a gathering of 15 or more people at a single event in a public place for which a permit has been issued by a government agency or has been designated as permitted by certain local government officials.
"Public place" means any site accessible to the general public for business, entertainment, or other lawful purpose. It includes, but is not limited to, the front, immediate area, or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business; any public building, its grounds, or surrounding area; or any public parking lot, street, right-of-way, sidewalk, public park, or other public grounds.
A person violating these prohibitions is guilty of a gross misdemeanor.
PRO: The purpose of openly carrying a weapon at a protest is to intimidate people who are exercising their First amendment rights. It only serves to increase the risk of violence or death. We have seen armed groups engaged with peaceful protesters sometimes with deadly consequences. The most alarming trend is the increase of armed vigilante activity and intimidation with firearms. This bill is a common sense approach to ensure that weapons are not used to intimidate peaceful protesters. This bill is modeled after an existing law in the pro-gun state of Alabama. The bill does not prevent someone with a concealed carry permit to carry concealed. There is not a conflict with the Second Amendment. You are just limited to how and where you can exercise the Second Amendment similar to existing restrictions for courts, jails, and such. This is a reasonable restriction on the Second Amendment.
CON: Many citizens choose to exercise the right to open carry firearms every day without incident. Others find it necessary to openly carry in order to deter criminal behavior in their neighborhoods and businesses especially when there is an absence of law enforcement resources. The definition of demonstration is unconstitutionally vague where anyone at anytime for any reason expressing views or grievances that have the effect of attracting a crowd somehow constitutes a demonstration. There is no definition of a crowd. It is unconstitutional to remove one person's Second Amendment constitutional rights solely on the basis of another person, three football fields away, exercising their First Amendment rights. The enforcement of this new law is ripe for abuse and certain communities could be targeted.
cont...