WSR 09-18-005


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



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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