5307-S AMS ROAC 000155

5307‑S AMS ROAC 000155

SSB 5307 - S AMD

BySenator Roach

Not Adopted 3/15/93

Scope Raised/Ruled within scope 3/15/93

On page 2, after line 26, insert the following:

"(4) The legislature recognizes that the right to keep and bear arms in defense of oneself as guaranteed by Article I, section 24 of the state constitution is a fundamental freedom, and that this basic civil right is extended to school premises to at least the level of possession allowed pursuant to this act. The following provisions shall apply to the issue of firearm civil rights on school premises:

(a) A person shall be guilty of the crime of denial of firearm civil rights if he or she is a public official or public employee and he or she prevents or obstructs a person from carrying a firearm in a lawful manner on school premises; denies or causes denial of the right of a person to possess a firearm in a lawful manner on school premises; prevents or obstructs a person from possessing a firearm on school premises at such locations, at such times, or under such conditions as may be allowed by law; or confiscates a person's firearm on school premises without lawful authority of due process of law or sets a policy for such confiscation.

(b) The crime of denial of firearm civil rights applies both to employees who violate a provision of this subsection and to any employers or supervisors who require or order an employee to violate a provision of this subsection. The fact or claim that a public official or public employee was acting under the direction of a supervisor is not a defense to an action under this subsection.

(d) A person whose firearm civil rights have been denied under this subsection shall be awarded civil damages equal to ten thousand dollars for each violation plus attorney fees and compensation for loss of income, loss of wages, loss of fringe benefits, transportation expenses, communication expenses, and all other costs associated with efforts to regain the person's firearm civil rights and ask civil remedies. The civil remedies may be sought regardless of whether or not criminal charges have been filed, and the petitioner's case shall not be prejudiced by the fact that criminal charges were not filed. The civil action may be brought in the county where the violation occurred or in Thurston county at the discretion of the petitioner."