WSR 18-05-025

EMERGENCY RULES

WESTERN WASHINGTON UNIVERSITY

[Filed February 9, 2018, 10:20 a.m., effective February 9, 2018, 10:20 a.m.]

Effective Date of Rule: Immediately upon filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Western Washington University is adopting second emergency rule making per RCW 34.05.350(2), while actively pursuing adoption of a permanent rule as evidenced by the proposed rule making CR-101 filed on October 13, 2017, as WSR 17-21-048 and the proposed rule making CR-102 filed on February 6, 2018, as WSR 18-04-105.

Purpose: Amend WAC 516-52-020 Firearms and dangerous weapons.

Citation of Rules Affected by this Order: Amending WAC 516-52-020.

Statutory Authority for Adoption: RCW 28B.40.120(12).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Continuing Western Washington University's emergency section of weapons and armaments prohibited, WAC 516-52-020, is necessary because the manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States over the past months necessitate continued, immediate changes to the rule 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.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 1, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 9, 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) Only such persons who are authorized to carry firearms 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.))

(2) Except for those persons identified in subsection (1) of this section or under the circumstances described in subsection (6), (7), or (8) of this section, possession or use of firearms, dangerous chemicals, armor or armaments, or other weapons 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.

(3) Firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.

(4) 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, used 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.

(5) Armor or armaments includes, but is not limited to, shields, body armor, tactical gear, face masks and helmets used 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.

(6) 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 or armaments to campus must immediately 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.

(7) 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.

(8) 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.

(9) Violations of the subsections of this section are subject to appropriate disciplinary or legal action including, but not limited to, exclusion from campus, expulsion, or criminal prosecution.