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RCW 9.41.300(b) Concealed Carry in Stadiums (yes, again)

n2it2010

New member
Joined
Oct 22, 2013
Messages
2
Location
Seattle, Washington, United States
I know this topic has reared its head several times in the past, but I present it again:

RCW 9.41.300

Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or


of Concern:
  • Tacoma Dome is owned and operated by the City of Tacoma
  • Key Arena is owned and operated by the City of Seattle
  • CenturyLink Field is owned by the Washington State Stadium Authority and operated by the Seahawks (First & Goal?)
  • Safeco Field, built against the will of the voters, is owned by the Washington-King County Stadium Authority and operated by the Mariners
  • Kingdom was owned and operated by King County

I have not spoken to Tacoma Dome staff yet, but all the other arenas ban CPL holders (and apparently off duty law enforcement at the Link) from carrying concealed pistols at these sites. Key Arena offers a gun safe to customers and stated that the vendors (promoters) often write into their contracts that the event will be weapons free, so basically it is the event holder, not the city, that is prohibiting concealed carry. I don’t know that this one will hold up…

The law was written in 1985, a time when (correct me if I’m wrong), all of our major stadiums were operated by their government agency owners. It was not until the Kingdome was torn down and replaced with Safeco and Century Link that a loophole was created which is now being exploited by MLB and the NFL.

I don’t know that a legal challenge will stand up because although it’s obvious the law was written to allow concealed carry in our major public stadiums, it clearly says “operated by” and now “owned by”.

The few politicians I’ve queried on this topic have basically stated that (“we can’t tell Seattle what to do with their stadiums, LOL”). So the only option I see left is an initiative to change “operated by” to “owned by” in this RCW. With plans to build a privately owned arena for a future basketball team, I’d also like to see something that basically says if any public funds are used for private projects (even if it is infrastructure improvement, tax breaks, any cost or contribution by the public, that this law must be recognized at a privately owned arena under those circumstances.

What are your thoughts? I think I-594 is going to pass, and if we are lucky, I-591 will pass… who knows how that will end up being sorted out. I would encourage you all to contact your elective representatives and tell them to enforce this law as intended in 1985, but if the liberal democrats gain complete control of state government, they may very will move to void the law altogether.

On another subject, have you conacted your congressperson and told them to support HB2959? I reached out to Adam Smith and got a two page letter on Sandy Hook elementary and basically a very polite way of saying he'll go to hell and back before he'll support the legislattion (no suprise there).
 

Attachments

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,463
Location
Greater Eastside Washington
This is an OPEN CARRY forum

So that law you cite would not require concealed carry.

If they tried to restrict carry to concealed only, then it would violate that law you posted.

RCW 9.41.300

Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
 

Jeff Hayes

Regular Member
Joined
Mar 10, 2009
Messages
2,569
Location
Long gone
I know this topic has reared its head several times in the past, but I present it again:

RCW 9.41.300

Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or


of Concern:
  • Tacoma Dome is owned and operated by the City of Tacoma
  • Key Arena is owned and operated by the City of Seattle
  • CenturyLink Field is owned by the Washington State Stadium Authority and operated by the Seahawks (First & Goal?)
  • Safeco Field, built against the will of the voters, is owned by the Washington-King County Stadium Authority and operated by the Mariners
  • Kingdom was owned and operated by King County

I have not spoken to Tacoma Dome staff yet, but all the other arenas ban CPL holders (and apparently off duty law enforcement at the Link) from carrying concealed pistols at these sites. Key Arena offers a gun safe to customers and stated that the vendors (promoters) often write into their contracts that the event will be weapons free, so basically it is the event holder, not the city, that is prohibiting concealed carry. I don’t know that this one will hold up…



The law was written in 1985, a time when (correct me if I’m wrong), all of our major stadiums were operated by their government agency owners. It was not until the Kingdome was torn down and replaced with Safeco and Century Link that a loophole was created which is now being exploited by MLB and the NFL.

I don’t know that a legal challenge will stand up because although it’s obvious the law was written to allow concealed carry in our major public stadiums, it clearly says “operated by” and now “owned by”.

The few politicians I’ve queried on this topic have basically stated that (“we can’t tell Seattle what to do with their stadiums, LOL”). So the only option I see left is an initiative to change “operated by” to “owned by” in this RCW. With plans to build a privately owned arena for a future basketball team, I’d also like to see something that basically says if any public funds are used for private projects (even if it is infrastructure improvement, tax breaks, any cost or contribution by the public, that this law must be recognized at a privately owned arena under those circumstances.

What are your thoughts? I think I-594 is going to pass, and if we are lucky, I-591 will pass… who knows how that will end up being sorted out. I would encourage you all to contact your elective representatives and tell them to enforce this law as intended in 1985, but if the liberal democrats gain complete control of state government, they may very will move to void the law altogether.

On another subject, have you conacted your congressperson and told them to support HB2959? I reached out to Adam Smith and got a two page letter on Sandy Hook elementary and basically a very polite way of saying he'll go to hell and back before he'll support the legislattion (no suprise there).
Unfortunately Sequim vs NWSPA ruled that if the city is acting in a private manner such as licensing a group to use one of their facilities they are exempt from RCW 9.41.290 and 300. Since that is the case we need to be demanding that if a city is claiming to be acting as a private party they need to be paying taxes and be subject to al the same rule that any other business is subject to. The problem is we are allowing cities, municipalities etc to have the best of both worlds. They claim to be acting like a private business when it comes to firearms and the law but retain the benefits of being a government agency. Either they are a private company when they are renting facilities or they are not.
 
Last edited:

phil1979

Member
Joined
Aug 10, 2011
Messages
83
Location
Atlanta, GA
Many apologies for bringing back a musty, zombie thread. Hopefully, it can be put back down soon.

In the 2017-2018 legislative session, three Republicans sponsored HB 1015 which was supposed to put a stop to private entities leasing public property for public events, and then claiming they could ban weapons under the idea it was "private property". I don't believe the bill passed.

Are there any other bills or efforts in the works to deal with this? And would a lawful carrier be in danger of a trespass arrest if he refused to leave publicly owned property such as a park or stadium, when asked to do so merely because he was armed?
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,424
Location
Florida
which was supposed to put a stop to private entities leasing public property for public events, and then claiming they could ban weapons under the idea it was "private property". I don't believe the
Hmm. If public property in your state is exempted as it seems, I would say there would need to be legislation to ALLOW a private citizen to rent public property and thus supercede law to ban something otherwise not banned. Remember, laws don't ALLOW, laws dis-ALLOW.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,424
Location
Florida
Hmm. If public property in your state is exempted as it seems, I would say there would need to be legislation to ALLOW a private citizen to rent public property and thus supercede law to ban something otherwise not banned. Remember, laws don't ALLOW, laws dis-ALLOW.
I could be way off though cuz i'm not a lawyer.
 

phil1979

Member
Joined
Aug 10, 2011
Messages
83
Location
Atlanta, GA
My post regarding HB 1015 was about Washington State. I'm in Georgia, but was curious if any progress had been made there.
 
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