WSR 04-24-080

PERMANENT RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[ Filed December 1, 2004, 8:24 a.m. , effective January 1, 2005 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 236-12-470 to bring the provisions regarding a person carrying a firearm on state capitol grounds into conformity with the provisions of chapter 9.41 RCW.

Citation of Existing Rules Affected by this Order: Amending WAC 236-12-470.

Statutory Authority for Adoption: RCW 43.19.011, 43.19.125, and 46.08.150.

Adopted under notice filed as WSR 04-19-057 on September 14, 2004.

Changes Other than Editing from Proposed to Adopted Version: General administration is making one change to the proposed rules. Our intent was to bring WAC 236-12-470 into accord with the provisions of chapter 9.41 RCW. Our proposed rule attempted to achieve this by advising that persons with a valid Washington state concealed pistol license could carry a firearm on state capitol grounds in accordance with the provisions of chapter 9.41 RCW.

However, public comment suggested that our proposed amendment did not clearly achieve our objective. For example, legislation enacted in 2004 provides for reciprocal recognition of out-of-state concealed pistol licenses, and our proposed language did not discuss this new provision of law. Our final adopted rule streamlines the text to simply advise that persons may carry a firearm when in compliance with the provisions of chapter 9.41 RCW by striking the clause "with a valid Washington state concealed pistol license" from the proposed amendment.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 1, 2004.

R. D. Fukai

Director

OTS-7550.2


AMENDATORY SECTION(Amending WSR 99-19-022, filed 9/7/99, effective 10/8/99)

WAC 236-12-470   Prohibiting access to state capitol buildings and grounds while armed with dangerous weapons or with devices used to disrupt state business.   (1) No person shall carry any firearm or other dangerous weapon as described in chapter 9.41 RCW on the state capitol grounds or in any building on the state capitol grounds: Provided, That this regulation shall not apply to duly authorized federal, state, and local law enforcement officers or to any federal, state, and local government employee authorized to carry firearms in the course of their public employment; ((nor shall any)) and: Provided, That a person may carry a firearm in accordance with chapter 9.41 RCW.

(2) No person may carry into any building on the state capitol grounds any voice-amplification equipment, blow horns, sirens, or other similar noise-producing devices which may be used to disrupt the conduct of state business by state employees.

[Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. 99-19-022, 236-12-470, filed 9/7/99, effective 10/8/99; 81-11-001 (Order 81-1), 236-12-470, filed 5/7/81; Order 76-7, 236-12-470, filed 10/18/76.]