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Thread: OT: Thurston County trying to impose new anti-shooting ordinance

  1. #1
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    OT: Thurston County trying to impose new anti-shooting ordinance

    Forwarded via e-mail from Joe Waldron at GOAL
    __________________________________________________ ___________

    This is the proposed draft of the no shooting ordinance that Thurston County Commissioner Karen Valenzuela resurrected from last year's failed attempt to enact county wide no shooting zones in a large part of Thurston County. The county has not made this new proposed ordinance public yet so they could get it as close to a vote as possible before asking for public comment. This copy was obtained from an insider who believes in transparency in government. A board of 15 members was appointed by the county to revise and increase the scope of the 2011 ordinance that died from massive public outrage. The board members were selected from the core group of people who support the egregious reforms the county has been attempting to pass, like the Prairie Ordinance, the Critical Areas Ordinance, the Mazama pocket gopher protection, and more. In a Feb 6th article in the Business Examiner Commissioner Valenzuela is quoted and essentially admits that it's not about the gopher but more so protecting "our" prairies. Somehow private property became "ours". (Thanks to Larry Weaver for that quote). This just proves that Thurston County will use any means it deems necessary to achieve its goals of eventually controlling everything we do. Passage of this ordinance is the first step to no shooting county-wide.

    You can contact your County Commissioner, or all three at: http://www.co.thurston.wa.us/bocc/index.htm Copy and paste the following URL in your browser to find your commissioner's district: http://www.co.thurston.wa.us/bocc/do...strict_Map.pdf

    You can make a 3 minute comment at the commissioner's regularly scheduled meetings at 2:00 PM most Tuesdays in Building 1, Room 280 second floor at the Thurston County Courthouse complex. Sign in on the sheet at the door and make sure you check the box that indicates you wish to speak. You don't have to be a professional speaker to make an impact. Make sure the commissioners know you will be devoting time to see that they are not re-elected. Be advised parking may be limited and allow time to park and sign in before 2:00 PM. Check the meeting schedule on the county's website at the following link to confirm there will be a meeting the day you wish to attend: http://www.co.thurston.wa.us/bocc/mtgsch.htm

    You can write letters to the editor of your local paper. The Letters to the Editor section is the most widely read section of any newspaper.

    Share this with your friends. This is not so much about hunting as it is about ALL shooting. You don't have to be a Thurston County resident to speak or e-mail the commissioners.


    Here is the proposed new ordinance. Once passed, all the county has to do is change zoning to include more areas of the county and other counties may follow suit with similar ordinances. It is important to stop this ordinance immediately, before it passes. Litigation in the courts could take 3 years and cost millions of dollars.

    ORDINANCE NO. ________

    AN ORDINANCE adding new sections to chapter 10.04 of the Thurston County Code to regulate the discharge of firearms in areas of high density development, to provide exceptions to this prohibition where it conflicts with state and federal law, and to provide an exemption process by which properties may be removed from this prohibition if the discharge of firearms on those properties creates no reasonable likelihood of endangerment to humans, domestic animals or property.
    WHEREAS, the discharge of firearms in zoning districts that allow for residential densities greater than one dwelling unit per two acres poses a reasonable likelihood of endangerment to people, domestic animals, and property due to the high density of residential structures; and
    WHEREAS, waterfowl hunting utilizing shotguns with a firing range of approximately 300 yards occurs from watercraft in the marine waters along the shorelines of Thurston County and the discharge of firearms closer than 300 yards creates a reasonable likelihood of endangerment to people, domestic animals, and property on the shoreline; and
    WHEREAS, Article I, section 24 of the state Constitution guarantees the right of the individual to bear arms in defense of self or others; and
    WHEREAS, peace officers, properly trained in the safe use of firearms, use firearms in the course of their official duties; and
    WHEREAS, agriculture, including raising of domestic animals for slaughter, is a permitted use throughout much of the county and the slaughter of domestic animals on farms utilizing firearms is a common agricultural practice; and
    WHEREAS, shooting ranges exist or may exist, that have been developed and approved with provisions for the safe discharge of firearms in a controlled environment; and
    WHEREAS, hunters of wild animals may wound an animal that then retreats to a no shooting area and such hunters are bound by hunting ethics and State law to not waste wildlife and therefore must pursue wounded game animals; and
    WHEREAS, certain ordinances adopted in the past by Thurston County prohibit the discharge of firearms and do not include exceptions for self defense, peace officers, slaughter of domestic animals, legally existing shooting ranges, or the dispatching of wounded animals; and
    WHEREAS, the discharge of firearms on certain properties within a no shooting zone may not pose a threat to humans, domestic animals or property due to lot size, configuration and/or location and ordinances adopted in the past by Thurston County prohibit the discharge of firearms and do not include a process for property owners seeking an exemption from the ordinance.
    NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY as follows:
    Section 1. There is added a new section to chapter 10.04 Thurston County Code, to read as follows:
    New Section. Section 1 Urban Growth Areas, LAMIRD Zones, Marine Waterways.
    It shall be unlawful for any person to discharge a firearm at any time in Thurston County, State of Washington, in the following described areas of the County:
    All those areas outside city limits that lie within the adopted Thurston County Urban Growth Areas for Lacey, Olympia, Tumwater, and Grand Mound; and
    All those areas zoned Residential LAMIRD One Dwelling Unit Per Acre; and
    All those areas zoned Residential LAMIRD Two Dwelling Units Per Acre; and
    All that portion of land and marine waters of Puget Sound lying 300 yards, waterward, from the ordinary high water line; except for that portion of Sections 5 and 6 of Township 18 North, Range 1 East lying north of Interstate 5, Sections 31 and 32 of Township 19 North, Range 1 East, and the South Half of the Southeast Quarter of Section 30, Township 19 North, Range 1 East; and
    All that portion of Eld Inlet lying southerly of an east-west line described as beginning at a point lying 300 feet Northerly of the intersection of the Meander Line with the East Line of Section 31, Township 19, North Range 2 West, thence due Westerly across Eld Inlet to the Western Shoreline; and
    All that portion of Henderson Inlet lying Southerly of the North line of Sections 17 and 18, Township 19 North, Range 1 West;
    Excepted from the above described areas are those lands and waterways already within the boundaries of an adopted No Shooting or Controlled Shooting zone, contained in chapter 10.04 of the Thurston County Code, in effect on the date of adoption of this ordinance.
    Section 2. There is added a new section to chapter 10.04 Thurston County Code to read as follows:
    New Section. Section 2 - Exceptions.
    The provisions of chapter 10.04 shall not apply to the discharge of firearms:
    (1) By a person acting in self-defense;
    (2) By peace officers in the course of their official duties;
    (3) In the course of farm slaughter activities;
    (4) Within a legally existing or approved shooting range;
    (5) By a person protecting livestock, pets, and/or property, in compliance with applicable State law;
    (6) By a person retrieving and dispatching wounded game animals.
    Section 3. There is added a new section to chapter 10.04 Thurston County Code, to read as follows:
    New Section. Section 3- Exemption - Application - Fee
    Application for exemption from the prohibition on discharging firearms shall be considered for properties two acres or larger. The application shall be submitted in writing and filed with the Thurston County Resource Stewardship Department. The application shall be accompanied with a receipt showing payment to this department. The fee shall be adopted on an annual basis as part of the department's regular permit fee schedule. The application shall include:
    A. A completed Master Application, available from the department, including the name address and signature of the property owner.
    B. A narrative describing the type of activity proposed (hunting, target practice, etc.), type of firearms to be used, who is involved, number of people participating at any one time, and time and duration of the activity. The narrative shall include a summary outlining the safety precautions the applicant will employ in order to ensure that the discharge of a firearm on their property will not endanger humans, domestic animals and the property of others.
    C. A detailed and accurate map of the property at a scale of not less than two hundred feet to the inch (using a standard interval of engineer scale), which shall include or show:
    1. The boundaries, including dimensions, of the property proposed to be exempted;
    2. The type, location and height of all existing structures, including, but not limited to, buildings, fences, bridges, and storage tanks on the property proposed to be exempted;
    3. A detail of areas proposed for firearm discharge on the property proposed to be exempted, including the direction of shooting, distances downrange, and what land uses lie beyond and to the sides of the shooting area;
    4. The topography of the property proposed to be exempted;
    5. The type and location of all structures within 300-feet of the property boundaries of the property proposed to be exempted; and
    6. A north arrow, map scale, date, site address and directions to the site.
    Section 4. There is added a new section to chapter 10.04 Thurston County Code, to read as follows:
    New Section. Section 4. Hearing Examiner Action
    The Hearing Examiner shall consider the proposed exemption from the prohibition on the discharge of firearms at a public hearing. If the hearing examiner finds the discharge of firearms on the subject property will not pose a reasonable likelihood of endangerment to people, domestic animals, or property the requested exemption will be granted. Such findings shall be issued by the Hearing Examiner in writing subject to the standard appeal process.
    Section 5. There is added a new section to chapter 10.04 Thurston County Code, to read as follows:
    Section5-Severability Clause. If any term or provision of this ordinance or its application to any person or circumstance is held to be invalid or unenforceable, the remaining terms and provisions of this ordinance, and the application of the provision to other persons or circumstances shall not be affected thereby, but each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law.
    Section6-Effective Date. This ordinance shall take effect upon its adoption.
    ADOPTED:

    ATTEST:


    Clerk of the Board

    APPROVED AS TO FORM:

    JON TUNHEIM
    PROSECUTING ATTORNEY


    By:
    Elizabeth Petrich, WSBA#
    Deputy Prosecuting Attorney

    BOARD OF COUNTY COMMISSIONERS
    Thurston County, Washington

    Chair

    Vice-Chair

    Commissioner
    CODIFY
    __________________________________________________ __________________________________
    Any area subject to a No Shooting Ordinance must comply with the allowances for establishment of such ordinance as provided in RCW 9.41.300. The State statute allows Counties to restrict the discharge of firearms where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized.
    Prior to scheduling a public hearing for this proposed ordinance, the draft ordinance must be reviewed for form by the Prosecuting Attorney's Office.
    __________________

  2. #2
    Regular Member Lammo's Avatar
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    I don't think they can do this. They are trying to set up a procedural roadblock that has it all backwards. The applicable law is RCW 9.41.300(2)(a), which reads:

    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others;

    I don't believe this provision allows them to effectively say "In all of Thurston County there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so it's all off limits unless an individual can prove otherwise", which is what they are trying to do. They should not be able to relieve themselves of their burden to establish the likelihood of such jeopardy before enacting such restrictions.
    IAALBIAAFTDPASNIPHCBCALA
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  3. #3
    Regular Member jt59's Avatar
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    It may not be legal, but of course they can...just like Seattle did, just like Spokago did with the 2012 facilites code revision on the Ron Paul deal in this other thread.

    Then they sit back and wait and see if and when it gets contested in court....and are forced to nullify the parts that they get sued about and leave the rest alone until another section gets suit brought (last section), by some other group with a special interest in its impact.

    She is following her version of Alinsky's "Rules for Radicals"...

    http://www.freerepublic.com/focus/f-news/1420684/posts

    RULE 8: "Keep the pressure on. Never let up." Keep trying new things to keep the opposition off balance. As the opposition masters one approach, hit them from the flank with something new. (Attack, attack, attack from all sides, never giving the reeling organization a chance to rest, regroup, recover and re-strategize.)

    RULE 9: "The threat is usually more terrifying than the thing itself." Imagination and ego can dream up many more consequences than any activist. (Perception is reality. Large organizations always prepare a worst-case scenario, something that may be furthest from the activists' minds. The upshot is that the organization will expend enormous time and energy, creating in its own collective mind the direst of conclusions. The possibilities can easily poison the mind and result in demoralization.)

    RULE 10: "If you push a negative hard enough, it will push through and become a positive." Violence from the other side can win the public to your side because the public sympathizes with the underdog. (Unions used this tactic. Peaceful [albeit loud] demonstrations during the heyday of unions in the early to mid-20th Century incurred management's wrath, often in the form of violence that eventually brought public sympathy to their side.)

    RULE 11: "The price of a successful attack is a constructive alternative." Never let the enemy score points because you're caught without a solution to the problem. (Old saw: If you're not part of the solution, you're part of the problem. Activist organizations have an agenda, and their strategy is to hold a place at the table, to be given a forum to wield their power. So, they have to have a compromise solution.)

    RULE 12: Pick the target, freeze it, personalize it, and polarize it." Cut off the support network and isolate the target from sympathy. Go after people and not institutions; people hurt faster than institutions. (This is cruel, but very effective. Direct, personalized criticism and ridicule works.)

    We should post this on the Cabella's info board...I need an excuse to go down there this weekend.
    Last edited by jt59; 03-07-2012 at 04:05 AM.
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  4. #4
    Regular Member jt59's Avatar
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    This deserves our attention

    An update, this is getting a wider audience and the issue affects us all:

    The next public meeting is scheduled for April 5th and there is a rally call for support.

    Inland, the County Commissioners seek to impose a prohibition on dishcharging firearms. To receive an “exemption”, one would have to pay a fee, provide personal and firearm information as well as information about your property on a “Master Application”,…….and then go before a “Hearing Exminer” in a public hearing.


    The Washington Waterfowl Association (WWA) is asking members of the SCI, especially those living in Thurston County, to help out by contacting their commissioners and letting them know their opposition.


    More importantly, the WWA is looking for Thurston County residents willing to take in a one hour training class by Glen Morgan of the Evergreen Freedom Foundation (he will come to your location),testify at the Weekly TCC meetings in opposition to this ordinance. This will have a tremendous impact as the weekly TCC meetings are recorded and televised multiple times each week.


    Lastly, the Thurston County Commission has an open to the public meeting scheduled for Thursday, April 5th.


    It is our hope to fill the building and parking lots with 400 people in a rally supporting hunting and the 2nd Amendment.


    For information on the training by Glen Morgan of the Evergreen Freedom Foundation and/or where to join us at the Tuesday Commission meetings, or how to join us at the April 5th rally,


    Contact: Jim Cortines (206) 612-8772



    Terry Satre (253) 845-2398, Kurt Snyder (360) 485-9353
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  5. #5
    Regular Member sudden valley gunner's Avatar
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    I had a Ag opinion at one time that showed no shooting zones may be preempted, if they don't meet certain requirements.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  6. #6
    Regular Member jt59's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    I had a Ag opinion at one time that showed no shooting zones may be preempted, if they don't meet certain requirements.
    If you can locate it, let me know. I'd like to have you PM email it to me....

    thanks,

    jt59
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  7. #7
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by jt59 View Post
    If you can locate it, let me know. I'd like to have you PM email it to me....

    thanks,

    jt59
    Here is the thread....http://forum.opencarry.org/forums/sh...shooting-zones

    Here is the opinion...

    http://www.atg.wa.gov/AGOOpinions/Op...chive&id=21188

    I'll send a PM too.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  8. #8
    Regular Member sudden valley gunner's Avatar
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    Ok not sure it's the same AG opinion I had read so long ago.

    But I feel your county has no authority or power to enact a county wide no shooting zone.


    RCW 9.41.290

    State preemption.
    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

    From RCW 9.41.300
    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

    So unless it is an area that endangers humans, domestic animals, or property...their laws are null and void and shouldn't be in place in the first place. It might take someone standing up to the council and pointing it out to them though.
    Last edited by sudden valley gunner; 03-12-2012 at 08:28 PM.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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