WSR 18-04-105 PROPOSED RULES
WESTERN WASHINGTON UNIVERSITY
[Filed February 6, 2018, 3:21 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-20-090.
Title of Rule and Other Identifying Information: WAC 516-52-020 Firearms and dangerous weapons.
Hearing Location(s): On March 13, 2018, at 12:00 p.m., at Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225.
Date of Intended Adoption: April 13, 2018.
Submit Written Comments to: Jennifer L. Sloan, Rules Coordinator, Western Washington University, 516 High Street, Bellingham, WA 98225-9015, email Jennifer.Sloan@wwu.edu, fax 360-650-6197, by March 12, 2018.
Assistance for Persons with Disabilities: Contact Jennifer Sloan, phone 360-650-3117, fax 360-650-6197, email Jennifer.Sloan@wwu.edu, by February 27, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States necessitate changes to WAC 516-52-020 in order to preserve the integrity of Western Washington University's educational mission, to protect the health, safety and welfare of students, faculty and staff, and to preserve university property and scarce state resources. The following changes include: Definitions for armor or armaments, a firearm, and a weapon; who may possess a firearm or weapon; and regulations and exceptions regarding weapons, firearms, and armor or armaments on campus.
Reasons Supporting Proposal: To identify and limit the possession of dangerous weapons and armaments on university property.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Western Washington University, public.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Darin Rasmussen, Director of Public Safety/Chief of Police, Campus Services, 360-650-3555.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
February 6, 2018
Jennifer L. Sloan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 93-01-080, filed 12/14/92, effective 1/14/93)
WAC 516-52-020 ((Firearms and dangerous)) Weapons and armaments prohibited.
(1) Definitions. As used in this section, the following words and phrases mean:
(a) Armor or armaments. Includes, but are not limited to, shields, body armor, tactical gear, face masks, and helmets.
(b) Firearm. A weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.
(c) Weapon. Includes, but is not limited to, air guns, pellet guns, paint ball guns, or other pneumatic propellant devices, bows, crossbows, slingshots or other muscle powered projectile devices, daggers, swords, knives or other cutting or stabbing instruments with blades longer than three inches, clubs, bats, sand clubs, truncheons, metal knuckles, incendiary devices or materials, or any other objects or instruments apparently capable of producing bodily harm.
(2) Only such persons who are authorized to carry firearms, ammunition, or other weapons or armaments as duly appointed and commissioned law enforcement officers in the state of Washington, commissioned by agencies of the United States government, or authorized by contract with the university, shall possess firearms or other weapons or armaments issued for their possession by their respective law enforcement agencies or employers while on the campus or other university-controlled property, including, but not limited to, residence halls. ((No one may possess explosives unless licensed to do so for purposes of conducting university-authorized activities relating to building construction or demolition.
(2) Other than the law enforcement officers or other individuals referenced in subsection (1) of this section, members of the campus community and visitors who bring firearms or other weapons to campus must immediately place the firearms or weapons in the university-provided storage facility. The storage facility is located at the university public safety department and is accessible twenty-four hours per day.
(3) If any member of the campus community or visitor wishes to bring a weapon to the campus for display or demonstration purposes directly related to a class, seminar, or other educational activity, permission for such possession may be applied for at the university public safety department, which shall review any such proposal and may establish the conditions of the possession on campus.))
(3) Other than the law enforcement officers or other individuals referenced in subsection (2) of this section, individuals seeking to bring a firearm or other weapon onto campus, university-owned property, or a university sponsored event must obtain prior written authorization at the university public safety department, which shall have sole authority to review and approve any such request and, if approval is granted, establish conditions to the firearm or weapon authorization.
(4) Members of the campus community and visitors who bring firearms or other weapons or armaments to campus without prior authorization must immediately remove them from university property or place the firearm(s), weapon(s), or armament(s) in the university provided storage facility. The storage facility is located at the university public safety department and is accessible twenty-four hours per day.
(5) Possession of a valid concealed pistol license authorized by the state of Washington is not an exemption under this section. However, nothing in this section shall prevent an individual holding a valid concealed pistol license from securing their pistol in a vehicle as authorized under RCW 9.41.050.
(6) Except for those persons identified in subsection (2) of this section or under the circumstances described in subsection (3) or (4) of this section, possession of firearms, ammunition, fireworks, and explosives is prohibited on the university campus, university-owned property, and at university sponsored events. No one may possess fireworks or explosives unless certified or licensed to do so for purposes of conducting university-authorized activities, building construction or demolition.
(7) Some weapons including, but not limited to, sports equipment, kitchen utensils, laboratory materials and equipment, safety training equipment, and props in campus theatre productions are permitted when used for the purpose for which they are intended. Use of weapons, armor, or armaments in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons or property, or in any way to avoid apprehension for a criminal act or acts is prohibited.
(8) Violations of this section are subject to appropriate disciplinary or legal action.
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