• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Greens Guide to 18-20 "Carry" of a handgun

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Greenisn'tfaster said:
In the mean time, you can only carry items such as your kung pow fists or pepper spray. Pepper spray is protected by state preemption for any person age 14 and up. Persons within the age group of 14 to 17 need parental permission to carry the pepper spray while of course, 18 year old adults don't need mommy and daddy to say anything. Or do they?

Look again it is not protected by state preemption but is covered under

RCW 9.91.160 (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.​

State Preemption covers firearms only.

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​
 

OrangeIsTrouble

Regular Member
Joined
Oct 15, 2009
Messages
1,398
Location
Tukwila, WA, ,
Why thank you BigDave, for that very contributing post (and I mean it). I will look into that to make sure my wording is corrected in the daylight hours. Meaning right now its gamertime (pwning noobletz on halo reach), and I cannot be serious things.
 

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
Look again it is not protected by state preemption but is covered under
RCW 9.91.160 (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.​
State Preemption covers firearms only.

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​


9.41.290 Is firearm preemption

9.91.160 (2) is defense spray preemption.

They are both preemption statutes they just deal with different things.
There are probably several other preemption statutes in the RCWs
9.41.290 isnt the only one.

I think that referring to spray devices as preempted is acurate.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Why thank you BigDave, for that very contributing post (and I mean it). I will look into that to make sure my wording is corrected in the daylight hours. Meaning right now its gamertime (pwning noobletz on halo reach), and I cannot be serious things.

Great job Green/Poo, (reminds me of that laulau I ate :p).

Opaque is opaque you have the right to defend yourself and at least you are putting forth an effort to do it within the law, many at your age plainly ignore it and are carrying loaded weapons in their hoodies/sweatpants.

The age group between 17-21 (give or take a year or two) have some of the highest rates of homicide, I am not against those in that age group protecting themselves. Just ignore Dave's trollish behavior, the rest of the discussion was good but for his typical ranting and paranoia.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Great job Green/Poo, (reminds me of that laulau I ate :p).

Opaque is opaque you have the right to defend yourself and at least you are putting forth an effort to do it within the law, many at your age plainly ignore it and are carrying loaded weapons in their hoodies/sweatpants.

The age group between 17-21 (give or take a year or two) have some of the highest rates of homicide, I am not against those in that age group protecting themselves. Just ignore Dave's trollish behavior, the rest of the discussion was good but for his typical ranting and paranoia.

Get over it TROLL
troll.gif
 

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
Well it is getting late so a bed time story for you, once upon a time there was a boy who thought he knew it all and just down the road with a little wisdom he awakens to finds that he was not as smart as he once thought he was :dude::lol::eek::lol:

so he changed his name to Big Dave and got on the OC forum.
 

OrangeIsTrouble

Regular Member
Joined
Oct 15, 2009
Messages
1,398
Location
Tukwila, WA, ,
Pepper spray is protected by state law (almost like the firearms preemption, although it is not stated that way) for any person age 14 and up.

Took a look at 9.91.160 and no where does it say "preemption", I guess I forgot to say it's LIKE the state preemption for firearms...

I have it corrected now.:cool:
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Look closely at RCW 0.41.050, look at the very first sentence, “Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.”

The way that I read that, is that you can carry concealed at your workplace, unless of course it is not “fixed” such as being a delivery driver or bus driver. (Tell me where it says you have to be the OWNER of the business before you argue)

Remember, this is alllllllll hearsayyyy :p, not legal advice!

Are you sure you are not misinterpreting this portion?
"Except in the person's place of abode or fixed place of business" in your interpolation you are suggesting it does not have to be the owners fixed place of business but anyone who worked there.
Would it not say "place of abode or [a] fixed place of business" to be true in your view?
 
Last edited:

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Doesn't say you gotta be an owner does it? Unless it specifies, it's up to the reader to make a decision.

No it could be up to the courts to decide.

Not that I know the exact answer to this but it is something to really consider how it applies.
"Except in the person's [place of abode] or [fixed place of business]" this sentence is addressing the person? Thus the persons home or business.
 

OrangeIsTrouble

Regular Member
Joined
Oct 15, 2009
Messages
1,398
Location
Tukwila, WA, ,
You bring up a could point, it could very well mean that it would be that person's own business and you are right that it could be very well be up to the courts to decide.



But what's this?

(small voice says).....

This guide might soon be thrown away!


Why? You ask why?

Because of HB 1238 and this year we are ready to take on the fight!
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
You bring up a could point, it could very well mean that it would be that person's own business and you are right that it could be very well be up to the courts to decide.
But what's this?
(small voice says).....
This guide might soon be thrown away!
Why? You ask why?
Because of HB 1238 and this year we are ready to take on the fight!

It would be nice if the HB1238 passes, but as we know not all good bills get passed.
(big voice says) humor ....
Whenever someone wants to write a guide on a topic they need to be right not guessing and pointing out this small flaw in it, brings to the person expecting the guide to be accurate something to consider.
 
Top