Olympia mayor, Whatcom prosecutor among supporters of open-carry ban at demonstrations
Is openly carrying a weapon at a public demonstration a constitutional right or an innately intimidating act? That tension was at the crux of public testimony at a Tuesday hearing.
A Democrat-sponsored bill up for consideration this session proposes to ban openly carrying guns and other weapons at or near public demonstrations statewide and at the state Capitol Campus in Olympia. The Senate Law and Justice Committee that heard testimony on the bill plans to vote on it Thursday.
“The purpose of openly carrying a weapon at a protest is to intimidate people who are exercising their first amendment rights,” said sponsor Sen. Patty Kuderer of Bellevue, “It only serves to increase the risk of violence or death. And we’ve seen, over the past several years, armed groups engage with peaceful protesters and sometimes with deadly consequences.”
Kuderer evoked examples such as deadly shootings at demonstrations last year in Kenosha, Wisconsin, recent clashes among protesters in Olympia that have led to gunfire, and the storming of the U.S. Capitol earlier this month.
The bill, she said, is a “commonsense approach to ensure that weapons are not used to intimidate peaceful protesters or to increase the potential for lethal violence to occur.” She said it’s modeled after a similar Alabama law that bans firearms while participating in or attending public demonstrations.
Sen. Keith Wagoner, R-Sedro Woolley, questioned what he saw as a “conflict of logic” — supporting a first-amendment right by “suspending” a second-amendment right. Testifiers during the hearing voiced similar concerns.
But Kuderer said she doesn’t think it’s a conflict, that the state Legislature often restricts rights. This is an extension of restrictions rather than a suspension, she said.
What it does, where it applies
The bill adds demonstrations to a list of places where carrying weapons already isn’t allowed, such as jails, courtrooms, and taverns. It applies within 1,000 feet of a public demonstration, too.
“Demonstration” in the bill means at least one person “communicating or expressing views or grievances which has the effect, intent, or likelihood of attracting a crowd.” That includes marches, rallies, sit-ins, and vigils.
It also bans open-carry of weapons on state Capitol grounds, buildings on campus, state legislative offices, and locations of public legislative hearings or meetings while the hearing or meeting is occurring.
It doesn’t apply to people carrying concealed pistols with a permit.
A violation, according to staff, would be a gross misdemeanor punishable by up to 364 days in county jail, a fine up to $5,000, or both.
What those testifying said
In addition to constitutional issues, testifiers raised concerns that the law could be selectively applied, that the definition of “demonstration” is too vague, and the distance around a demonstration where it applies is unreasonable.
“Certain individuals or segments of the community could be easily targeted or singled out,” Tom Kwieciak with the National Rifle Association testified. “Again, three football fields away, you get pulled over for a traffic violation you could be charged with this crime and you don’t even know what’s happening across town.”
Others talked about needing to defend their businesses or themselves during protests that turn violent. Mark Muenster with the Washington Association of Criminal Defense Lawyers said the law should apply inside Capitol buildings but not the entire outdoor area — such as the flag circle at the heart of the campus, which often plays host to demonstrations.
He also voiced concern about police officer discretion and said an existing law already prohibits the use of a weapon to intimidate people. He urged the committee to consider “strenuous amendments.”
Those who testified in support of the bill included people impacted by gun violence, gun-safety advocates, and local officials such as Eric Richey, elected Whatcom County Prosecutor, who called the bill “brilliant” and “carefully crafted.” Interim Seattle Police Chief Adrian Diaz and King County Council member Girmay Zahilay also supported the bill.
“I cannot overstate the threat to public discourse ... and public safety posed by the presence of guns at protests, rallies, or in government buildings,” Diaz said. “This bill will serve to ensure free speech and assembly right of the public and their physical safety without infringing on their second-amendment rights.”
Olympia Mayor Cheryl Selby shared a personal story of when she was elected to City Council and learned that the dais was constructed of bulletproof glass, and of her experience with physical assault and recessing meetings due to disruptions by protesters.
“It haunts me every time I gavel in that the next time could end differently, if someone in the room has a gun strapped to their chest — which they’re allowed to do at this point,” Selby said. She urged an expansion of the bill to include city, town, and county buildings.
Some talked about times when they’d been to Olympia to testify in the past and felt intimidated by armed demonstrators on campus.
Liz Hjelmseth said she was thankful this year to be able to testify from her home rather than traveling to Olympia. She was shot by her brother as a child, she said, because there was an easily accessible gun and “anger overtook his actions.”
“Each time I come to Olympia, I wonder if I’m going to make it home safely, because I know there are going to be many easily accessible guns and anger is ever-present,” Hjelmseth said.
This story was originally published January 26, 2021 at 5:11 PM.
.jpg)