City of Lakewood is violation of State Law

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

CODE

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.)

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Correct, what is interesting is Lakewood's date is 1997, preemption is 1994.

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

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).

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Where is the best place to start to attempt to remedy this?

I sent a letter off to the city administrator of Buckley and tried to be clear about how the ordinance is in conflict with Washington State's preemption statute. We'll see if that goes anywhere.

City Council. They are the only ones who can change city ordinances, short of a court decision. Or just act with the knowledge that these city ordinances are invalid, and don't worry about it.

muggins said:

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?

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Write a letter to the City council president...request that it be put on the next agenda and then attend.

http://www.cityofbuckley.com/documents/Council Roster.html

When anyone writes about these obsolete ordinances just include a copy of he Chan decision. Save them the time and expense of hiring an attorney to "advise" them. Might also hurry them along in updating their park regs.

Read this to them as well, since they seem to have a problem with reading.

http://www.atg.wa.gov/AGOOpinions/opinion.aspx?section=topic&id=21188

Here's a link to Chan: http://www.courts.wa.gov/opinions/pdf/65123-4.pub.doc.pdf

Thanks for the input. In my e-mail I did provide a link to the Chan decision, as well as a link to RCW 9.41.290. I received a response early this morning that it was being handed off to the city attorney for their input.

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 |

Huh, apparently she doesn't know how to read or comprehend.

Huh, apparently she doesn't know how to read or comprehend.

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I agree.

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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Proof that not all attorneys are created equal, some good to bad and some just plain stupid.

What would be best way for me to write back to her.

I also had communicated with her and received the same reply.

This is in part, my response along with the AG's opinion that goes directly to this.

http://www.atg.wa.gov/AGOOpinions/opinion.aspx?section=archive&id=8304



Dear Ms. Booker,

Thank you for your reply.....Your interpretation of the application of the State pre-emption is incorrect as to this specific sentence of the city code:

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.

There are no laws in the state of Wa. that prohibit if I may openly carry a side arm for personal protection without a concealed pistol license any where in the state with the exceptions outlined in RCW 9.41.300.

Please specify the exact language in 9.41.300 that allows the city to exclude the legal open carry of a sidearm in any publicly owned or operated facility or property not specifically called out in the RCW referenced and your interpretation of why the city is exempt from the law.

I am also attaching an opinion on this issue directly from the state Attn'y General, Rob Mckenna

I am asking that you review and communicate this appropriately to the city council to make amendments to remove this language in the city code.



RCW 9.41.300

Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

Something to consider here, you start getting to many hands in this and replying you will just confuse the matter at hand and likely find more balking at getting any change.
Those who are addressing or wanting to address this issue should get together and address the City Council while the City Attorney will get their impute to the Council you will also have your say on record with supporting documentation and will likely promote change.
This similar situation happened to me here in Yakima and now there is no violating ordinances concerning citizens carrying.

She has no power to change the law, could she have made it easier, sure but clearly she is not either smart enough or wanting you to go through the moves to make it happen.

If you want assistance in getting this done PM me or there are others with experience on the board as well.

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.

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Sounds like it's time for an OC picnic; be sure to send invites to the council and PD :banana:

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'

jt59 said:

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'

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Me too.