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City of Lakewood is violation of State Law

gogodawgs

gogodawgs

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5,669
Location
Federal Way, Washington, USA
cpgrad08 said:
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 |
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Ms. Booker-Hay,

You have not provided sufficient information as there is no requirement for a citizen to carry a firearm in plain view to posses a 'Concealed Pistol License'. Washington is an 'Open Carry' state and there is no provision in the RCW that prohibits the carrying of firearms when in plain view. Your code needs to be corrected as to avoid liability to the city and to prevent the harassment of a individual lawfully carrying their firearm without a 'Concealed' pistol license in plain view in a city park.

By the way....go back to law school and learn how to read!
 
L

LkWd_Don

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Messages
572
Location
Dolan Springs, AZ
cpgrad08 said:
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
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Thanks for the information, I will keep that in mind should I ever get questioned.

I was at Lakewood's Fort Steilacoom Park June 15th OCing with my Wife and Daughter at a picnic with her friends, was there for more than 3 hours and never had a problem.
 
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cpgrad08

cpgrad08

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Messages
183
Location
Lakewood, WA
Wrote to her back after the reply and this is what I got.

Dear Mr. Brown,



I will continue to research this issue and will get back to you as soon as possible.



Sincerely,



Anita Booker-Hay,

Assistant City Attorney
 
Thor80

Thor80

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Messages
299
Location
Spokane County, WA
Here is a few excerpts from Spokane Valley Municipal Code that appear to be on par that you can provide as examples for properly written code. Short and sweet, to the point.

6.05.090 Rules governing use of City parks and facilities – Violation a misdemeanor.

G. Firearms, Weapons.

1. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility 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. This subsection shall not apply where the department issued a special event permit for such activity.

2. Possession of firearms in any stadium or convention center, operated by the City, county, or other municipality, is prohibited except that such restrictions shall not apply to:

a. Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

b. Any showing, demonstration, or lecture involving the exhibition of firearms.

8.45.020 Firearms.

All provisions of Chapter 9.41 RCW, as presently constituted or hereinafter amended, are adopted by reference. (Ord. 46 § 30, 2003).
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cpgrad08

cpgrad08

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Messages
183
Location
Lakewood, WA
Got another email from her today.

Dear Mr. Brown,



Thank you for your response yesterday and patience today as I continued to research this issue.



After reviewing the Attorney General Opinion (2008) and more recent case, I do not believe that there is any specific authority for a prohibition on possession of a firearm in City parks although certainly there is authority to continue to prohibit discharge of firearms in, across, or into City parks.



This information will be relayed to the City Council.



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 |
Click to expand...

Let's see if the City Council acts on this.
 
sudden valley gunner

sudden valley gunner

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16,674
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Whatcom County
The first letter was not because they didn't know it was an attempt at blowing you off, and hoping you go away. Good job on the persistence and pointing out you were not going away.
 
jbone

jbone

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Jun 4, 2008
Messages
2,230
Location
WA
sudden valley gunner said:
The first letter was not because they didn't know it was an attempt at blowing you off, and hoping you go away. Good job on the persistence and pointing out you were not going away.
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I agree, I guess they weren't saying FU. Maybe just a case of sleeping at the helm.

Add: Good job!
 
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jt59

jt59

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Jul 19, 2010
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1,005
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Central South Sound
I recieved the same response...good news.

I suspect, in reading the original response that they were making a good faith effort to cover 9.41 with police officer references and CPL holders.

I read that and thought that it was likely that just weren't even aware of the OC issue at all...

We will still need to pursue this through the next steps of the council....gentle pressure, applied relentlessly ;)
 
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LkWd_Don

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Messages
572
Location
Dolan Springs, AZ
cpgrad08 said:
Got another email from her today.



Let's see if the City Council acts on this.
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As I do have a CPL and am known to some in Lakewood City Hall, I cannot say that the Lakewood Police Officers who have seen me OC inside of City Hall knew the RCW more than the City Attorney does or had actually looked me up to know I do possess a CPL and ignored my OC.

I will say that I was shocked that a LMC (Ordinance) even existed to restrict carry on City Property as I OC so frequently without hassles, that I never thought to look for one existing.
 
4

.45ACPaddy

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Oct 15, 2009
Messages
999
Location
Lakewood, WA
Two others from Lakewood, did you guys just start posting somewhat recently?

I happen to live less than 5 minutes from Ft. Steilacoom Park, we should bbq there or get together for coffee at the town center Starbucks sometime.
 
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LkWd_Don

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Messages
572
Location
Dolan Springs, AZ
with imported post

.45ACPaddy said:
Two others from Lakewood, did you guys just start posting somewhat recently?

I happen to live less than 5 minutes from Ft. Steilacoom Park, we should bbq there or get together for coffee at the town center Starbucks sometime.
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Yes, I just joined in late March as it wasn't till recently that I happened across OCDO. Have been a resident of and carrying since before the City incorporated in 1996.

I am up for helping with and scheduling a South Sound BBQ there or at American Lake North Park sometime, though Fort Steilacoom Park is generally not as crowded. As there is already one for July 8th scheduled in Olympia.. ( http://forum.opencarry.org/forums/s...-8-July-2012&p=1769209&viewfull=1#post1769209 ) care to work on August?
 
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07Altima

07Altima

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Monroe
Had to touch up :)

Congrats guys its a victory I am glad it turned out so well. One victory at a time, I finally know what we have that the anti gunners dont! STAMINA WOOOT hehehehe

Those who seek freedom are more inclined to fight for it with out sleeping, those who seek to enslave, and regulate those they do not agree with become lazy!
 
L

LkWd_Don

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cpgrad08

cpgrad08

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Lakewood, WA
L

LkWd_Don

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Dolan Springs, AZ
cpgrad08 said:
I miss this post. Haven't been on for the past few days been spending time with the family.
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I wasn't able to make it to the meeting myself, is part of why I posted that it would be open for discussion. As I recall every 1st and 3rd Monday is a meeting and unless they have a full agenda, they generally will allow open public discussion but you have to sign-up prior the beginning of the meeting.

I am not finding an agenda for the Aug 6th Meeting yet but will keep an eye open for it.
 
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