Politics & Government

Open Carry Ban At Certain Protests, Capitol Passes WA Legislature

If signed by the governor, the new law will immediately bar the open carry of guns at permitted demonstrations and on the Capitol grounds.

An armed protester walks through a line of law enforcement personnel during a rally on December 12, 2020, in Olympia, Washington.
An armed protester walks through a line of law enforcement personnel during a rally on December 12, 2020, in Olympia, Washington. (David Ryder/Getty Images, File)

OLYMPIA, WA — A bill banning the open carry of weapons at permitted protests and on the Capitol campus was approved by state lawmakers this week and awaits the signature of Gov. Jay Inslee.

The legislation, sponsored by state Sen. Patty Kuderer (D-Bellevue), bans open carry within 250 feet of permitted demonstrations and on the west Capitol grounds in Olympia, which houses the legislature, staff offices and the governor's mansion. Kuderer's bill received final approval in a 28-21 vote in the state Senate on Tuesday.

"You don't need to exercise your Second Amendment right to use your First Amendment rights," Kuderer said. "You just need your voice. The only purpose to open carry a weapon is to intimidate other demonstrators."

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Post-election protest clashes at the Capitol led to two shooting incidents in December.

Existing Washington laws already prohibit civilians from carrying firearms in courthouses, jails, bars, airports and behavioral health facilities. Eight other states, and Washington, D.C., already have open carry bans in place at public demonstrations.

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"Every state has laws on the books that limit where you can exercise your Second Amendment rights," Kuderer said. "You can't bring a gun into a bar or a courthouse in Washington as that poses a serious risk to public safety. This bill simply places similar restrictions on open carry weapons at the Capitol campus and permitted demonstrations."

The legislation includes a few exceptions, exempting on-duty law enforcement and military personnel. The restrictions do not apply to people carrying concealed firearms, provided they have a valid license.

Lawmakers who opposed the bill argued it violates the second amendment, but supporters said a recent ruling from the 9th U.S. Circuit Court of Appeals affirmed there is no right to carry arms openly in public.

According to the Seattle Times, Kuderer expects the new law will face a legal challenge from Second Amendment groups.

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