WSR 09-18-005

ATTORNEY GENERAL'S OFFICE


[ Filed August 20, 2009, 10:07 a.m. ]


NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION

WASHINGTON ATTORNEY GENERAL



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by September 23, 2009. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 586-0728, or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeffrey T. Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

If you are interested in receiving notice of new formal opinion requests via e-mail, you may visit the attorney general's web site at www.atg.wa.gov/AGOOpinions/default.aspx for more information on how to join our opinions listserv.

The attorney general's office seeks public input on the following opinion request(s):


Opinion Docket No. 09-08-03

Request by Eldon Vail

Secretary, Department of Corrections


1. Does the exemption [from the concealed pistol licensing requirement as "law enforcement officers" under RCW 9.41.060(1), outlined in AGO 2006 No. 15, regarding Community Corrections Officers (CCOs) and certain other corrections division employees who are qualified as limited authority Washington peace officers and who are authorized to carry and conceal a state issued firearm while on duty], apply only when the employee is on duty, carrying a state-issued firearm, or does it also carry over to allow these employees to conceal personally-owned firearms while off duty?

2. Does the "law enforcement officer" exemption in RCW 9.41.060(1) apply only when [CCOs and other corrections employees] are on duty and specifically authorized to conceal a firearm, or does the exemption also allow them to conceal personally-owned firearms while off duty?

3. Would [the exemption in RCW 9.41.060] apply to the Department employees who during their employment were limited authority Washington peace officers and were authorized to carry a concealed state-issued firearm either generally or in specific situations?

4. Do the powers and duties granted correctional officers under [RCW 9.94.050] include the authority to carry and conceal a firearm, independent of the licensing and exemption provisions in RCW 9.41.050 and .060?

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office