Vitaeus
Regular Member
Can anyone point me to the court decisions that allow the State as a landlord to limit firearms? I am researching a State Park contract that requires no firearms as a condition of the rent/lease of part of the park.
Can anyone point me to the court decisions that allow the State as a landlord to limit firearms? I am researching a State Park contract that requires no firearms as a condition of the rent/lease of part of the park.
Seattle has it in all their leases, to the Children's museum etc.. Pretty interesting.
Complicated question, this is my opinion and only my opinion, rebuttals/debate will be greatly appreciated.
If you are directly interacting with the governmental agency such as when the state is your landlord they can regulate firearms but only in regards to the renter. If you are a second party such as someone visiting you at your rented property they can not regulate that nor can they make a rule or law that affects the general public.
ENM cites PNWSA v Sequim but that was not about carrying firearms but about the sale of firearms in a public facility. Keep in mind that no where in Sequim v PNWSA is carrying of firearms mentioned. Also in PNWSA v Sequim the court specifically stated that "they were not laws or regulation of application to the general public". So while the City of Sequim can tell the person that is licensed to use the facility they can not carry a firearm they can not restrict a person with a valid CPL from carrying into the event the facility is being used for, see RCW 9.41.300 2 (b) (i).
Cherry was about a City employee not the general public, think about it the City can certainly keep a City employed maintenance man from carrying a firearm while working in the park but can not prevent the general public visiting the park from carrying a firearm.
In stadiums and Arenas the law, RCW 9.41.300, is clear the City , County, Municipality can regulate the carry of firearms but must exempt CPL holders in possession of a pistol from that law/regulation.
To sum it up if you have business relationship with a governmental agency such as being licensed to use a facility they can regulate your possession of firearms. If you are attending an event at a governmental facility and you have no business connection with the government they cannot regulate your firearm.
I'm not disagreeing here, but the OP asked about court cases involving the city as a landlord... Several cities (including yours, Spokane) have cited that those court cases trying to justify preempted laws or to exclude people from park facilities. I'm not stating those cases are being correctly applied, only that some city governments seem to be using them as an excuse...
Pretty unlawful if it applies to the general public, IMHO.
7.3 Firearms . Museum agrees that it shall not permit any person to enter or remain within the Premises while in possession of a firearm, including a concealed firearm, whether or not the person carrying said firearm is licensed or permitted to carry a firearm or concealed firearm. Firearms are defined for purposes of this Lease as any object or device which is designed to explosively discharge any object or force including any electrical charge, which has the capacity of causing injury or inflicting pain and specifically includes, guns, pistols, rifles (whether any of the same are powered by gunpowder, compressed air or gas), tasers, bow and arrow and cross-bow. Museum shall, upon discovery that such a person is within the premises, ask that person to leave, and shall promptly summon law enforcement if the person does not comply with that request.
First of all the only place a City, County, Municipality etc can regulate the carry of
firearms is in Stadiums and Convention Centers everywhere else is not addressed in RCW
9.41.290 and 300. PNSA v Sequim specificly states they were not laws or regulations of
application to the general public. I believe this law to be unlawful and a blatant attempt to deprive us of our state and federal constitutional rights.
Can anyone point me to the court decisions that allow the State as a landlord to limit firearms? I am researching a State Park contract that requires no firearms as a condition of the rent/lease of part of the park.
I don't think that dog will hunt.7.3 Firearms . Museum agrees that it shall not permit any person to enter or remain within the Premises while in possession of a firearm, including a concealed firearm, whether or not the person carrying said firearm is licensed or permitted to carry a firearm or concealed firearm. Firearms are defined for purposes of this Lease as any object or device which is designed to explosively discharge any object or force including any electrical charge, which has the capacity of causing injury or inflicting pain and specifically includes, guns, pistols, rifles (whether any of the same are powered by gunpowder, compressed air or gas), tasers, bow and arrow and cross-bow. Museum shall, upon discovery that such a person is within the premises, ask that person to leave, and shall promptly summon law enforcement if the person does not comply with that request.
The legal reasoning behind this is embodied in the maxim "Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another." In Washington, a thing not expressly forbidden by law is lawful.Hi guys!
snip...
This view is bolstered by AGO 2008 No. 8 at 6:
"The Legislature has carefully set out the places where the general public
is prohibited from possessing firearms.
“Where a statute specifically designates the things upon which it operates,
there is an inference that the Legislature intended all omissions.”
In re Hopkins, 137 Wn.2d 897, 901, 976 P.2d 616 (1999).
We conclude that the Legislature did not intend that the possession of firearms
would be prohibited in the places that were not listed.
This conclusion is buttressed by the fact that the Legislature's
prohibition of firearms is very narrow. "
snip...
If you are attending an event at a governmental facility and you have no business connection with the government they cannot regulate your firearm.