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Thread: Buckley Ordinance Prohibiting Firearms Update

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    Talking Buckley Ordinance Prohibiting Firearms Update

    Howdy,

    I just wanted to give everyone an update on Buckley and an issue I have been trying to get resolved. As some of you may be aware (I posted in the Lakewood thread a few weeks ago asking for input), currently Buckley has an ordinance prohibiting firearms in certain areas in their Parks & Recreation Municipal Code (Title 10, Chapter 10.84):

    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 contacted the City Administrator about this, expressing my concerns and highlighting the standard key points (WA preemption, Chan vs. City of Seattle). This was last month, and he handed it off to the City Attorney for Buckley to investigate.

    Well, I heard back last Friday. On the agenda for July 24th's council meeting is the removal of the firearms restriction. I am adding the City Attorney's memo encouraging that it be adopted, as well as the agenda approval and proposed changes (basically striking subsection 10.84.185 from the municipal code).

    Proposed Ordinance Changes
    City Attorney's Memo
    Agenda Approval

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    Regular Member hermannr's Avatar
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    Congrats on a job well done.

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    Regular Member Vitaeus's Avatar
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    good job, glad to see at least one municipality that can actually read their own laws.

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    Good job!
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    Regular Member jbone's Avatar
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    Nice Job! Was that your cherry?
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    This was indeed my first experience in being civically engaged...

    And the good news is that Buckley did repeal the firearm restrictions last night. The council voted 5-1, with a 7th councilmember being absent.

    I think in celebration I'll bring my sidearm with me to breakfast in Buckley this weekend.

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    Opt-Out Members BigDave's Avatar
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    Great job thus far, there are two more items in Buckley Ordinances that are not in line with State Preemption.

    http://www.codepublishing.com/WA/Buckley/

    4.28.010 Dogs and firearms prohibited.
    Persons with dogs or firearms shall not be permitted to enter the cemetery grounds, except that this shall not apply to the use of firearms in any military service or seeing eye dogs, police K-9 units and police. (Ord. 12-91 § 2, 1991).

    2.96.090 Authority of mayor to issue certain orders.
    Upon proclamation of a disaster or emergency by the mayor, and during the existence of such disaster or emergency, the mayor may make and proclaim any or all of the following orders:
    (7) An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.
    Last edited by BigDave; 07-26-2012 at 12:31 AM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by muggins View Post
    ...The council voted 5-1, with a 7th councilmember being absent....
    Who voted against, and did they say why (since it is an obvious violation of state preemption)?

    I've been a Nevadan most of my life, but this was interesting because I'm third-generation Enumclaw-Buckley-Enumclaw-born. I used to visit often.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member jbone's Avatar
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    Quote Originally Posted by muggins View Post
    This was indeed my first experience in being civically engaged...

    And the good news is that Buckley did repeal the firearm restrictions last night. The council voted 5-1, with a 7th councilmember being absent.

    I think in celebration I'll bring my sidearm with me to breakfast in Buckley this weekend.
    Thanks!
    I’m proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Regular Member sudden valley gunner's Avatar
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    Good job Muggins!
    I am not anti Cop I am just pro Citizen.

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    Quote Originally Posted by MAC702 View Post
    Who voted against, and did they say why (since it is an obvious violation of state preemption)?

    I've been a Nevadan most of my life, but this was interesting because I'm third-generation Enumclaw-Buckley-Enumclaw-born. I used to visit often.
    Unfortunately I didn't get a chance to attend the council meeting. I had been planning on going, but got called to work on a consulting gig that evening. I'm hoping I can get a copy of the minutes to find out, but they're rather behind.

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    Quote Originally Posted by BigDave View Post
    Great job thus far, there are two more items in Buckley Ordinances that are not in line with State Preemption.

    http://www.codepublishing.com/WA/Buckley/

    4.28.010 Dogs and firearms prohibited.
    Persons with dogs or firearms shall not be permitted to enter the cemetery grounds, except that this shall not apply to the use of firearms in any military service or seeing eye dogs, police K-9 units and police. (Ord. 12-91 § 2, 1991).

    2.96.090 Authority of mayor to issue certain orders.
    Upon proclamation of a disaster or emergency by the mayor, and during the existence of such disaster or emergency, the mayor may make and proclaim any or all of the following orders:
    (7) An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.

    Thanks for the heads up! I missed those when I was browsing through their municipal code.

  13. #13
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by muggins View Post
    Thanks for the heads up! I missed those when I was browsing through their municipal code.
    It is easy to do, most of these data bases are searchable but one needs to search; firearms; firearm; gun; weapon and so on sometimes to find what we are looking for.
    Last edited by BigDave; 07-29-2012 at 08:27 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by BigDave View Post
    Persons with dogs or firearms shall not be permitted to enter the cemetery grounds, except that this shall not apply to the use of firearms in any military service or seeing eye dogs, police K-9 units and police. (Ord. 12-91 § 2, 1991).
    So what if you gave your firearm to your seeing eye dog for safekeeping?
    Last edited by Difdi; 07-30-2012 at 10:14 AM.

  15. #15
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by BigDave View Post
    Great job thus far, there are two more items in Buckley Ordinances that are not in line with State Preemption.

    http://www.codepublishing.com/WA/Buckley/

    4.28.010 Dogs and firearms prohibited.
    Persons with dogs or firearms shall not be permitted to enter the cemetery grounds, except that this shall not apply to the use of firearms in any military service or seeing eye dogs, police K-9 units and police. (Ord. 12-91 § 2, 1991).
    Quote Originally Posted by Difdi View Post
    So what if you gave your firearm to your seeing eye dog for safekeeping?
    That's not the half of it, what if he accidentally shot a full time resident while there?
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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