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Thread: Deer park, wa signs posted at city hall

  1. #1
    Regular Member TheDavid's Avatar
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    Deer park, wa signs posted at city hall

    Visiting familey in deer park wa this week and had to make a stop by city hall. City hall and the court house are located in the same building and they had a no weapons sign posted at the entryway.

    Also found that the city had one posted at the pool park (same sign).
    I will post a picture of the sign in an hour or 2.

    Are the signs legal? if not what should I do next?

  2. #2
    Regular Member Greg30-06's Avatar
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    Rcw9.41.300 th
    ose areas in any building which are used in connection with court proceedings...
    9.41.290 state preemption

    So if the pool is owned by any government entity then the signs there are voided by preemption. if it's privately owned they have the right to refuse anyone. The signs in the court house are only valid for those areas used in connection with court proceedings including jury rooms, judges chambers etc

  3. #3
    Regular Member TheDavid's Avatar
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    Greg

    Thanks for the info, is there a form letter any where?

    The pool and park are city owned.

  4. #4
    Regular Member Greg30-06's Avatar
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    I would make sure you read those laws yourself and understand them. They are easy to find online and especially the one about prohibited places is important to know. I am fairly new to this siteso I do not know about a form letter although it would be a great idea to have one ready.

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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by TheDavid View Post
    Greg

    Thanks for the info, is there a form letter any where?

    The pool and park are city owned.
    No form letter, but PM BigDave he can help with wording. Also PM Orphan, he lives near Deer Park.
    Live Free or Die!

  6. #6
    Regular Member TheDavid's Avatar
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    The sign, also posted just to the right of the front door.

    I will work on a draft letter when I get home to a full sise key board.
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    Last edited by TheDavid; 07-12-2012 at 05:30 PM.

  7. #7
    Opt-Out Members BigDave's Avatar
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    Clearly the City Council already addressed the issue of where firearms are prohibited and that the City recognizes State Preemption.
    In their ordinance they specifically address those areas that are prohibited to areas of the courts and offices used in connection with the courts which is provided for in RCW 9.41.300.

    Depending on the layout of the Building that houses City Hall and the Courts and offices are located will determine if the entire building falls into a restricted area.

    RCW 9.41.300(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

    Depending upon the layout it could very well be a restricted area, once you can determine that then one can proceed or acknowledge the signage is correct in the City Hall.
    If City Hall falls into this category of firearms restrictions then they must also have lock boxes or a designated person to secure your weapon while conducting business.

    As to the pool the signage, clearly it's preempted, how would one carry their firearm while enjoying the facilities .
    Note they would not be required to secure or provide a lock box there to secure firearms. (a little humor there)

    The sign you posted restricting firearms was unreadable on the forum and was this of the pool area?



    Deer Park Municipal Code

    Chapter 9.12
    WEAPONS/FIREARMS


    Sections:
    9.12.010 State preemption.
    9.12.020 Weapons restrictions.
    9.12.030 Restriction on discharge of firearms.
    9.12.040 Violations – Penalties.
    9.12.010 State preemption.

    The city recognizes the Legislature of the state of Washington by adoption of RCW 9.41.290 fully occupies and preempts the regulation of firearms by cities except as specifically authorized by state law as in RCW 9.41.300. It is the intent of the provisions of this chapter to comply with this preemption and the applicable state statutes. (Ord. 878 § 1, 2009)

    9.12.020 Weapons restrictions.

    A. It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon as that term is defined in RCW 9.41.300(1)(b):
    1. The area in the Deer Park City Hall building located at East 316 Crawford that is at the time of entry being used for a courtroom, jury room, or judge’s chambers to conduct court business.

    The local legislative authority and local judicial authority shall comply with the designation and other requirements associated with weapons restrictions as set forth in this section as required by RCW 9.41.300(1)(b), including but not limited to marking those areas within the Deer Park City Hall building where weapons are prohibited, when they are prohibited and posting of notices at each entrance to the building regarding the prohibition against weapons in the restricted areas at the restricted times.

    B. The provisions of subsection A of this section shall not apply to:
    1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

    2. Law enforcement personnel, except that subsection A of this section does apply to a law enforcement officer who is present at the Deer Park City Hall building while a portion of the same is in use as a courtroom, as a party to an action under Chapter 10.14, 10.99 or 26.50 RCW or an action under RCW Title 26 where any party has alleged the existence of domestic violence as defined in RCW 26.50.010; or
    3. Security personnel while engaged in official duties. (Ord. 878 § 1, 2009: Ord. 712 § 2, 1998)
    9.12.030 Restriction on discharge of firearms.
    A. The city council finds that the discharge of firearms within the city limits has the reasonable likelihood that humans, domestic animals, or property would be jeopardized and therefore the discharge of firearms in the city limits is prohibited. This restriction on the discharge of firearms within the city limits is not intended to 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. The term “firearm” as used in this section shall have the meaning set forth in RCW 9.41.010.

    B. Notwithstanding the provisions of subsection A of this section, the city council hereby delegates to the mayor the authority to lift the restriction on the discharge of firearms within the city limits when it is deemed necessary by the mayor to mitigate wildlife hazards at the Deer Park Municipal Airport. (Ord. 878 § 1, 2009: Ord. 712 § 3, 1998)
    9.12.040 Violations – Penalties.

    A. Any person convicted of violating DPMC 9.12.020 is guilty of a gross misdemeanor.

    B. Any person convicted of violating DPMC 9.12.030 is guilty of a misdemeanor. (Ord. 878 § 1, 2009: Ord. 712 § 5, 1998. Formerly 9.12.070)
    Prior legislation: Ord. 652.
    RCW 9.41.300 Weapons prohibited in certain places—Local laws and ordinances—Exceptions—Penalty.

    (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
    (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

    For purposes of this subsection (1)(b), "weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.

    In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

    The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
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