Ban On Open Carry At Protests & Capitol Advances Through Senate

OLYMPIA, WA — A bill that would ban open carry at political demonstrations and on the state capitol is making its way through the legislature.

The bill in question, Senate Bill 5038 passed the Senate Thursday with a vote of 28-20. The bill passed on partisan lines with no Republicans voting in favor. It now heads to the House for their consideration.

One of the bill's sponsors, Sen. Patty Kuderer (D-Bellevue), argues that carrying weapons only serve to silence and intimidate others.

"I don't see any practical purpose for carrying a deadly weapon at public demonstrations or here at the Capitol," Kuderer said. "The only purpose to do it is to intimidate people who are exercising their First Amendment rights."

If it earns the House and governor's approval, the bill would outlaw open carry at all demonstrations anywhere in Washington, and on capitol grounds. In addition to banning firearms, the open carry restriction would apply to explosives, clubs, metal knuckles, knives or similar weapons. It also bars open carry at jails, law enforcement facilities and courtrooms.

The bill does not apply to permitted concealed carriers, or on-duty law enforcement officers.

SB 5038 was conceived in 2020 but seems especially prescient considering the chaos the new year has brought. On Jan. 6, the same day a pro-Trump mob stormed the nation's capitol, a protest in Olympia breached the gates of the governor's mansion. Some were open carrying. One man, armed with an assault rifle during the breach, was later arrested for threatening to shoot journalists covering the event.

If the bill passes as is, any violators caught openly carrying weapons at a demonstration or on the Capitol could be charged with a gross misdemeanor. In Washington, gross misdemeanors are punishable with up to a year in prison and/or a fine of up to $5,000.