cpgrad08
Regular Member
Lakewood Municipal Code 8.76.530 bans firearms in all parks under the cities control when this is a clear violation of RCW 9.41.290. I have emailed the city and waits for it's response
08.76.530 - Firearms, Weapons
No person except duly authorized law enforcement personnel and/or persons licensed to carry a concealed weapon shall possess a firearm in a city park. No person shall possess a bow and arrow, crossbow, or air or gas weapon in a City park. No person shall discharge across, in, or into any park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property provided that where the Department for good cause has authorized and approved a special recreational activity or a recreational program, upon finding that it is not inconsistent with City park use, this section shall not apply. (Ord. 420 ? 1 (part), 2006; Ord. 126 ? 1 (part), 1997.)
10.84.185 Firearms restriction.
It is unlawful for any person except a law enforcement officer to have in his possession any firearm within any city park, or on any city parking lot, or within the city youth center, or upon the grounds of the youth center. “Firearms” are defined by RCW 9.41.010, which is incorporated by this reference as though set forth fully herein; provided, however, that a person who has been issued a valid license to carry a concealed firearm pursuant to BMC 10.40.040 may legally do so while utilizing any trail within the city. (Ord. 07-08 § 1, 2008).
I believe Buckley is also in violation. I go through there quite a bit so was curious and wanted to double-check:
http://www.codepublishing.com/WA/Buckley/html/Buckley10/Buckley1084.html#10.84.185
Where is the best place to start to attempt to remedy this?
Huh, apparently she doesn't know how to read or comprehend.
This is the reply I got back from the city today.
Dear Mr. Brown,
You have inquired about Revised Code of Washington Statute 9.41.290, entitled State Preemption, and it’s applicability to Lakewood Municipal Code 8.76.530. Specifically, you have asked why the City has adopted LMC 8.76.530 because you believe it is a violation of RCW 9.41.290.
Adoption of Lakewood Municipal Code 8.76.530 is not a violation of the State law articulated in 9.41.290. RCW 9.41.290 allows Cities, towns, and counties or other municipalities to enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300. RCW 9.41.300(2)(a) provides in pertinent part as follows:
(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;
This language authorized the City of Lakewood to adopt an ordinance establishing firearms restrictions in those areas where discharge of a firearm creates a reasonable likelihood that humans, domestic animals or property will be jeopardize, such as in parks. Lakewood Municipal Code section 8.76.530 entitled Firearms, Weapons was adopted based upon that authority.
LMC 8.76.530 provides as follows:
No person except duly authorized law enforcement personnel and/or persons licensed to carry a concealed weapon shall possess a firearm in a city park. No person shall possess a bow and arrow, crossbow, or air or gas weapon in a City park. No person shall discharge across, in, or into any park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property provided that where the Department for good cause has authorized and approved a special recreational activity or a recreational program, upon finding that it is not inconsistent with City park use, this section shall not apply.
Among other prohibitions, this code also prohibits anyone from discharging a firearm across, in or into any park area and makes it unlawful to possess a firearm in any City Park unless the person is a member of law enforcement or is otherwise licensed to carry a concealed weapon.
If I can be of further assistance, please let me know.
Anita Booker-Hay| Assistant City Attorney | Legal & City Clerk
City of Lakewood
6000 Main Street SW | Lakewood, WA 98499
Ph: 253.589.2489 Ext 7755 | Fax: 253.589.3774 |
I have had a city attorney reference Foreign Law, Civil War, and those ordinances were all repealed, I had a County Attorney tell me that I could not check my firearm at the Jail, we now have lock boxes for citizens to do just that, currently the state is saying they do not have to have secure firearms while visiting a State Penal Institution which is in the process being reviews by our State Attorney General so when it comes to City or County Attorneys that cannot enact change go to those who can enact change.
I also noticed that since the assistant attn'y didn't cc the Mayor her response to me, I forwarded him her answer, the AG's opinion, several links to the SCOWA refusal on the Seattle Parks case, all the revision's to park codes in recent histr'y..... and his city's crime stats....just to keep him in the loop on the discussion.
Lakewood crime statistics report an overall downward trend in crime based on data from 11 years with violent crime decreasing and property crime decreasing. Based on this trend, the crime rate in Lakewood for 2012 is expected to be lower than in 2009.
The city violent crime rate for Lakewood in 2009 was higher than the national violent crime rate average by 131.54% and the city property crime rate in Lakewood was higher than the national property crime rate average by 77.19%.
In 2009 the city violent crime rate in Lakewood was higher than the violent crime rate in Washington by 200.43% and the city property crime rate in Lakewood was higher than the property crime rate in Washington by 46.71%.
While it's good that it's going down, it's still there and still too high.....
We'll see where it goes next, but it will be a process. Pierce County Parks took nearly a year to resolve....
Next step will be to see their response and if it is not progressing, then to bring the other city council members into the information age.
I'm getting a taste for BBQ'