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).

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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

Congrats on a job well done.

good job, glad to see at least one municipality that can actually read their own laws.

Good job!

Nice Job! Was that your cherry?

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.

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.

muggins said:

...The council voted 5-1, with a 7th councilmember being absent....

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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.

muggins said:

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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Thanks!

Good job Muggins!

MAC702 said:

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.

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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.

BigDave said:

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.

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

muggins said:

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

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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.

BigDave said:

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).

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So what if you gave your firearm to your seeing eye dog for safekeeping?

BigDave said:

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).

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Difdi said:

So what if you gave your firearm to your seeing eye dog for safekeeping?

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That's not the half of it, what if he accidentally shot a full time resident while there?