Kuderer bill to ban open carry weapons at permitted demonstrations and capitol campus headed to governor’s desk

OLYMPIA – Washington state is one step closer to banning open carry weapons within 250 feet of permitted public demonstrations and the state capitol grounds with a bill approved by the Senate on Tuesday.

SB 5038, sponsored by Sen. Patty Kuderer (D-Bellevue), would make Washington the ninth state plus D.C. to ban open carry weapons at public demonstrations according to Giffords Law Center to Prevent Gun Violence.

“Every state has laws on the books that limit where you can exercise your Second Amendment rights,” said Kuderer. “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.”

Every state has laws prohibiting concealed or open carry possession of firearms by civilians in certain locations. Washington state law currently restricts firearm possession in courthouses, jail facilities, bars, airports, and behavioral health facilities.

While some lawmakers argued the bill violates the Second Amendment, that argument was rejected by a recent ruling from the 9^th U.S. Circuit Court of Appeals.

“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” wrote Judge Jay Bybee in the majority opinion.

SB 5038 exempts on-duty military and law enforcement personnel, and any property owner or renter on their own property even if the demonstration is inside the 250-foot perimeter.

SB 5038 would also prohibit open carry of firearms on the west capitol campus grounds where the state Legislative building, member and staff offices, governor’s mansion, and press houses are located.

Several states, including California, Florida, Kentucky, Nebraska, and Wyoming have prohibitions on concealed carry, open carry, or both at state legislative and other government-owned buildings, according to the Giffords Center.

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

 The bill now goes to Governor Inslee for his consideration.

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