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Taking a gun to prison

Discussion in 'Legal & Political Archive' started by damien8246, Nov 20, 2011.

  1. damien8246

    damien8246 So. King County, WA New Member

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    Today, the wife and I went out to visit her mom who is in prison. I know that here in Washington State, I am allowed to carry into a public building up to a certain point(the restricted area). At the point, I have to check my firearms with someone and it gets locked up and held for safe keeping.

    I ask the officer checking us in where I can check my gun in at and she tells me that they are not allowed on the grounds at all. She told me that I had to put it in my truck and move my truck out of the parking lot and park it on the side of the road. Since we were already running late, and did not want to cause any problems, I did take it out and moved the truck to the road.

    On the way in to our visit, I was talking to a guard about it and I asked him if he could show me the RCW where it says that firearms cannot be on the ground at all. He said he would have his supervisor look it up and get back to me.

    As we are checking out, he tells me the RCW number and shows me a sign with the RCW's on the and says that that is the wording that shows I can't bring it it. I showed him the RCW I was reading that shows I can bring it in, and he said I was wrong.

    The RCW I am following is this. Section 1, subsection a> RCW 9.41.300: Weapons prohibited in certain places

    The one they are going by is this> RCW 9A.76.140: Introducing contraband in the first degree.

    Am I missing something here?? I wasn't trying to sneak a gun into prison, so how does his RCW apply to me? I walked in, went straight to the guard and asked where to check it in at. I very obviously wasn't trying to do anything wrong.

    Anyone got any advice or know much about this? Am I in the right or wrong?? I want to do what's right here and not cause problems, but I am not willing to back down on this or be bullied cause I chose to exercise my right to carry.

    Sorry for the long post. Just wanted to get all the details out and rant a little. This rubbed me the wrong way today.
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    You are correct. They are wrong.

    If you are bored and want to have some fun tell a bored lawyer.
     
    mjbskwim and (deleted member) like this.
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Looks to me like you were within you rights and the prison is wrong. You went to the proper authorities when you arrived, you asked about securing it per 9.41.300. That's all it should have taken, you weren't trying to take it to a prisoner which is that 9A.76.140 pertains to.
     
  4. damien8246

    damien8246 So. King County, WA New Member

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    At the very least, I was going to write a few letters and raise **** about it now. I thought about a lawyer, just to prove a point and to set them right so I don't have this problems again.
     
  5. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    With the passing of this law, the "logical" thing to do from our point of view was to create a firearm check-in area and process. Right? Wrong! But nobody allocated any money for it ever because politicians never intended to provide it. So, even though it was never encoded in the law, in practice, the intent was we'd have to leave them in our vehicles and move them out of their parking lots all along.

    The law is vague and did not require the creation of a check-in area. And the responsible regulatory agency was not to oblige. To change it'd need be challenged at court. And you can guess the rest.
     
  6. PaulZ

    PaulZ Oregon City Active Member

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    You take a firearm to a prison and it "rubs you the wrong way"? Clues for sale cheap!
     
  7. damien8246

    damien8246 So. King County, WA New Member

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    civilian, how do you think the law is vague? I might be mis-understanding your post, but in the RCW I posted, it says the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building.

    That doesn't seem vague to me. You're right it doesn't require a "check-in area", but it requires them to provide an area to leave it locked up. With a prison being a public building, they should still have this box or a person to check it in. Since I go there occasionally, I think I will take some legal action and make sure they follow the law and so others and me can legally take our firearms there.
     
  8. joken

    joken Corvallis Bronze Supporter Bronze Supporter

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    Are they wrong? I don't know or care. It's a PRISON and I suspect they are touchy about anyone bringing a gun on site. Leave it alone and don't make a big deal out of it. That's my 2cents and you can take it or leave it. Sometimes proving you are right isn't the right thing to do. Ken
     
  9. damien8246

    damien8246 So. King County, WA New Member

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    Why would they be touchy about people bringing a gun on site? It would be in a locked in a box, away from inmates, away from the general public. What's wrong with that? Nobody has ever had a problem anywhere else. Yes, it is prison, but why am I gonna leave my gun at home cause I go there? What if I'm going shopping later, or out to lunch? I want it with me when I'm out and about. If I don't take it with me when I go to these places, then I might as well not carry half the time.

    I have never had a problem at other courthouses, city jails, county hospital. Those are places that I have gone to not planning on going home after or places that I had to go to unexpectedly while I was already out and about for the day. Not trying to sound like an a**, but just leave things alone? We are losing enough rights and have enough hoops to jump through. I'm not gonna let them take this one away and let them be in the wrong and screw people who legally carry. I appreciate your 2 cents, but when it comes to my guns and rights, I don't like to back down and leave it alone.
     
    DeltaBravo, Redcap, FMJ 911 and 5 others like this.
  10. doubletap007

    doubletap007 Beaverton Active Member

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    bringing a gun to a prison seems like an obvious bad idea to me.
    im all for fighting for our rights to carry and all but it seems like some people just love to do stupid things to test the police to me.
    i have a ccl but wouldn't even think about bothering to read if it was ok to carry it inside a prison.

    i love my second amendment rights but people who like to do stupid stuff like bring a gun to a prison make me think maybe there should be more restrictions before giveing some people a weapon.
     
  11. damien8246

    damien8246 So. King County, WA New Member

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    doubletap, where in any of this do you get I was testing the police? I didn't do it to test them. I did it because I wanted to follow the law that is very clearly written. I've taken it to jails, courthouses, etc. I carry EVERYWHERE I go. Didn't think today would have been any different. I do bother to read where I can and can't take it, cause i like my guns and like my CCL and don't want to lose it.

    You say you think there should be more restrictions? Why? Cause I read the laws and follow the laws and care enough to actually move my truck off the property and not throw a fit in the lobby? So because I know the laws and they don't follow them, and I voice my opinion, somehow I should have more restrictions to get a gun?
     
  12. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    It doesn't matter what people feel or whether they're touchy, the only thing that matters is the law, opinions mean nothing.
     
  13. joken

    joken Corvallis Bronze Supporter Bronze Supporter

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    Opinions mean a lot my friend. Don't you suppose that the fine folks in our legislature write laws based on opinion? What in heck will be accomplished by making a stink about this? The OP won't have to walk quite as far to visit the convict? I'm with Doubletap on this deal. We don't need people creating problems where there aren't any. Ken
     
  14. FarmerTed1971

    FarmerTed1971 Portland, Oregon, United States Well-Known Member

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    So when law enforcement comes to make a visit at the penitentiary where do they check their firearms? Seems to me that there has to be a place and procedure for this.
     
  15. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    WOW I have worked construction at Oregon State Prison and we have all kinds of special rules we have to follow from what clothes we can wear to things to do with our vehicles. And I can tell you that a gun in your car outside the wall at Oregon State Prison is NOT SECURE FROM INMATES as they were walking around doing yard work and moving to and from other buildings in the areas outside the walls we were working in.

    I would assume the same for WSP. I could be very wrong. And yes I know only the letter of the law is what matters but I would never assume I should be able to pack a weapon on to Prison grounds.
     
  16. cbdolphin

    cbdolphin Corvallis, OR WTB Spikes Tactical Lowers, cash in hand!

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    No, if the laws were based off of opinion they wouldn't still be shoving .gov health care down our throats.

    The OP was obeying the rules and regulations, the cops were the ones that were not.
     
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  17. Gunner3456

    Gunner3456 Salem Well-Known Member

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    You have more time on your hands than I do.
     
  18. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    i really try to be even-toned... but what a bunch of morons some of you guys are. the OP checked his local laws, complied to the letter, and you're gonna criticize HIM when the state breaks that law and denies him his 2A-guaranteed, state-ordnance supported right to pack a gun in a public building? who cares if it's a bubbleguming prison!
     
  19. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    Ok, look at it like this: Me and 10 of my closest cellmates are breaking out of jail today on the way out we notice a sign that reads" FIREARMS CHECK-IN" enough said!? you were where they keep the bad people who get caught, and the bad people dont want to be there. Firearms probably shouldnt be stored there.
     
  20. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    they'd store the POSSIBLY ONE guest's pistol right along side the 30 or 40 state-owned pistols, rifles, and shotguns already locked up there. do you guys seriously think there are NO guns at prisons?