WSR 14-19-090
[Filed September 16, 2014, 9:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-101.
Title of Rule and Other Identifying Information: Revising WAC 172-122-120 Firearms/weapons, of chapter 172-122 WAC, General conduct code, relating to the possession of weapons on property owned or controlled by Eastern Washington University.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, Washington 99004, on November 5, 2014, at 11:00 a.m.
Date of Intended Adoption: November 21, 2014.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail, fax (509) 359-7036, by November 4, 2014.
Assistance for Persons with Disabilities: Contact Trent Lutey by November 4, 2014, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions are needed to update university standards and processes to better reflect current practices regarding the possession, use, and storage of weapons on university owned or controlled property. These changes are also needed to permit the possession of personal protection spray devices as required by RCW 9.91.160.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-121 [172-122] WAC is not considered a significant legislative rule by Eastern Washington University.
September 16, 2014
Trent Lutey
University Policy Administrator
AMENDATORY SECTION (Amending WSR 92-22-001, filed 10/21/92, effective 11/21/92)
WAC 172-122-120 Weapons ((Firearms/weapons)).
Violations of ((the subsections of)) this section are subject to appropriate disciplinary or legal action.
(1) Possession, carrying, ((or)) discharge or other use of any weapon ((explosive, firearm, chemical weapon (or dangerous chemical) or other weapon; including shotguns, pistols, air guns, pellet guns, and paint ball guns, whether loaded or unloaded;)) is prohibited on property owned or controlled by Eastern Washington University, except as permitted in subsections (2) through (5) of this section. Examples of weapons under this section include, but are not limited to: explosives, chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and any item that can be used as an object of intimidation and/or threat, such as replica or look-a-like weapons.
(2) Commissioned law enforcement officers may carry weapons, which have been issued by their respective law enforcement agencies, while on campus or other university controlled property, including residence halls. Law enforcement officers must notify the university police of their presence on campus upon arrival. ((Only people who are authorized to carry firearms or other weapons as duly appointed and commissioned law enforcement officers in the state of Washington, or commissioned by agencies of the United States government, shall possess firearms or other weapons issued for their possession by their respective law enforcement agencies while on campus or other university-controlled property, including residence halls. A law enforcement agent must notify the university police of his or her presence on campus on arrival.))
(3) A person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Eastern Washington University. ((Other than the people referenced in subsection (2) 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, located at the red barn. The storage facility is controlled by the university police office and is accessible twenty-four hours per day throughout the year.))
(4) A person may ((Anyone seeking to)) bring a ((firearm or other)) weapon onto campus for display or demonstration purposes directly related to a class or other educational activity - provided that they ((must)) obtain prior authorization from the university police department. The university police department shall review any such request and may establish conditions to the authorization.
(5) Weapons that are ((Firearms)) owned by the institution for use in organized recreational activities or by special ((interest)) groups, such as EWU ROTC or university-sponsored ((gun clubs, ROTC, or intercollegiate shooting)) clubs or teams, must be stored in a location approved by the university police department. These weapons ((firearms)) must be checked out by the ((club)) advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.