J1MB0B
Regular Member
Sounds like it's time for an OC picnic; be sure to send invites to the council and PD :banana:
You beat me to it.
Sounds like it's time for an OC picnic; be sure to send invites to the council and PD :banana:
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 |
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
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).
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 |
Got another email from her today.
Let's see if the City Council acts on this.
Got another email from her today.
Let's see if the City Council acts on this.
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.
Got another email from her today.
Let's see if the City Council acts on this.
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.
Got another email from her today.
Let's see if the City Council acts on this.
Anyone wishing to attend the City Council meeting tonight and speak, they have an open forum section tonight. You will need to be sure to get there and sign up before they cut it off prior to the start of the meeting at 7 PM.
http://www.thesubtimes.com/2012/07/15/lakewood-city-council-meeting-agenda-july-16/
I miss this post. Haven't been on for the past few days been spending time with the family.