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Thread: Port of Kalama? no firearms?

  1. #1
    Activist Member bwboley's Avatar
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    Port of Kalama? no firearms?

    Hello I go fishing at kalama bar [Marine Park and Louis Rasmussen Day Use Park] and theres a sign that says no firearms also list RCW 9-52-080 and port of kalama number.
    Who runs the port of kalama? since I open carry when i fish was just wondering.
    http://www.portofkalama.com/recreation

  2. #2
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    Odd...

    9.52.080 Lasers – Statutes adopted by reference.
    Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 9A.49 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

    RCW

    9A.49.010 Definition.
    9A.49.030 Unlawful discharge of a laser in the second degree.
    9A.49.040 Unlawful discharge of laser – Civil infraction, when.
    (Ord. 1412 § 9, 2006; Ord. 1230 §§ 1, 2, 1999).

    RCW 35.21.180
    Ordinances — Adoption of codes by reference.

    Ordinances passed by cities or towns must be posted or published in a newspaper as required by their respective charters or the general laws: PROVIDED, That ordinances may by reference adopt Washington state statutes and codes, including fire codes and ordinances relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health and sanitation, the slaughtering, processing and selling of meats and meat products for human consumption, the production, pasteurizing and sale of milk and milk products, or other subjects, may adopt by reference, any printed code or compilation, or portions thereof, together with amendments thereof or additions thereto, on the subject of the ordinance; and where publications of ordinances in a newspaper is required, such Washington state statutes or codes or other codes or compilations so adopted need not be published therein: PROVIDED, HOWEVER, That not less than one copy of such statute, code or compilation and amendments and additions thereto adopted by reference shall be filed for use and examination by the public, in the office of the city or town clerk of said city, or town prior to adoption thereof. Any city or town ordinance heretofore adopting any state law or any such codes or compilations by reference are hereby ratified and validated.

    That has nothing to do with firearms at all. I'm curious about the permit only part, though. Who issues the permits?

  3. #3
    Activist Member bwboley's Avatar
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    Im guessing its the parking permit that you get when you buy a fishing lic since all the cars there thats what they have hanging

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    Regular Member Vitaeus's Avatar
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    http://www.portofkalama.com/recreation

    "The Park has a family friendly atmosphere which makes it a popular place for large groups. It often hosts such events as picnics, soccer games, and field days. The Port encourages groups to take advantage of the many amenities found at Marine Park and Louis Rasmussen Day Use Park but requests that the parties call ahead to have their name placed in the request book. The Port can not reserve the area because it is a public park but suggests that interested parties arrive early on the day of the event in order to get the picnic shelter desired."

    Looks like a public park to me, preempted.

  5. #5
    Opt-Out Members BigDave's Avatar
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    There is NO RCW 9.52.080

    Voob apparently you are quoting some city ordinance numbered 9.52.080 which is not an Revised Code of Washington (RCW).

    They fall under State Preemption.
    • 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.

  6. #6
    Activist Member bwboley's Avatar
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    maybe?
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.52.080
    RCW 9A.52.080

    Criminal trespass in the second degree.




    (1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

    (2) Criminal trespass in the second degree is a misdemeanor.



    [2011 c 336 § 373; 1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §9A.52.080 .]


    Notes:



    Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.

  7. #7
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by bwboley View Post
    maybe?
    http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.52.080
    RCW 9A.52.080

    Criminal trespass in the second degree.
    (1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

    (2) Criminal trespass in the second degree is a misdemeanor.

    [2011 c 336 § 373; 1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §9A.52.080 .]
    Notes:
    Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
    NO, Carrying a weapon there is not illegal and not legal for them to remove you for carrying a firearm in a legal manner.

    RCW 9.41.290 State preemption.
    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
    • 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.

  8. #8
    State Researcher Bill Starks's Avatar
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    Port of Kalama, like the Port of Seattle, Tacoma, Olympia, Spokane and any other port in WA is a Municipality and thus falls under preemption.

    point them to the following....

    Chan v Seattle (parks)
    RCW 9.41.290 (preemption)
    Article 1 Section 24, WA State Constitution

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    Quote Originally Posted by bwboley View Post
    Im guessing its the parking permit that you get when you buy a fishing lic since all the cars there thats what they have hanging
    The Vehicle Access Pass (VAP) is soley used for access to WDFW (WA Dept. of Fish & Wildlife) Lands and is free when purchasing Hunting and certain types of Fishing licenses.

    The Discover Pass is good for accessing State Parks, DNR lands and WDFW lands.

    http://wdfw.wa.gov/licensing/discoverpass/


    The signage is totally incorrect for the VAP or Discover Pass.


    The PERMIT REQUIRED sign in the photo is NOT a requirement for either one of these passes. This looks to be a site specific permit issued by the Port of Kalama.
    Last edited by TheJeepster; 08-06-2012 at 01:35 PM.

  10. #10
    State Researcher Bill Starks's Avatar
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    An email last night resulted in a reply this morning....

    Thank you for bringing this to our attention. I believe the RCW number on the sign was intended to refer to trespass (this is area allows entry by permit only), and may have changed. You can see the current 9A.52 RCWs here: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.52. We are checking into this as well as the question you raised about firearms on the property. I’ll send you a note as soon as we have the updated information. You can give me a call direct any time – 360 673-2379.
    Thank you!
    -Liz

    Liz Newman
    Communications Manager
    360 673-2379

  11. #11
    Activist Member bwboley's Avatar
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    thanks i like to carry just incase a sea loin wants to attack over my fish =P
    http://www.youtube.com/watch?v=ZWx-9ZS0gcg
    http://www.myzone.tv/dpps/news/stran...12-jgr_4148362
    Last edited by bwboley; 08-06-2012 at 03:51 PM.

  12. #12
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by bwboley View Post
    thanks i like to carry just incase a sea loin wants to attack over my fish =P
    http://www.youtube.com/watch?v=ZWx-9ZS0gcg
    http://www.myzone.tv/dpps/news/stran...12-jgr_4148362
    You can ignore the sign, and for bonus points get them to remove it so others aren't confused.

    I was surfing West Port and had one pop up that seemed as big as a Volkswagen Beetle right next to me. Talk about being unarmed and in their element! He just studied me a moment and sank under and disappeared.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  13. #13
    Regular Member Bitter End's Avatar
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    The dock I work at the Port of Tacoma is leased to a private party (shipping company), as are most of the docks in every port.

    How does preemption work in this scenario?

  14. #14
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Bitter End View Post
    The dock I work at the Port of Tacoma is leased to a private party (shipping company), as are most of the docks in every port.

    How does preemption work in this scenario?
    My guess is the same way any private business leases any public property they can set their own rules.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  15. #15
    State Researcher Bill Starks's Avatar
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    Looks like the issue is being resolved.......



    On Tue, Aug 7, 2012 at 4:11 PM, Liz Newman
    <lnewman@portofkalama.com> wrote:
    Good afternoon Mr. Starks,
    Thank you, again, for bringing this to our attention. We are updating our signs with the correct information. In the meantime, you will see a temporary solution, blanking out the "No Firearms" statement, as quickly as our maintenance staff can visit the various sites and apply it.
    Please do let me know if you have any other questions or concerns,
    Very best regards,
    -Liz
    Liz Newman
    360 673-2379

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    Regular Member Ajetpilot's Avatar
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    Wow!

    That was speedy! Nicely done, M1Gunr

  17. #17
    Opt-Out Members BigDave's Avatar
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    It's a Bird, No It's a Plane, No it's M1Gunr.... Fine Job
    • 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.

  18. #18
    Regular Member Fibresteve's Avatar
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    I regularly open carry at the park at the port of Kalama and have never had a problem. I believe this sign is just north of the park. The permit is one you get from the port of Kalama. If its anything like Woodland it should be around five dollars and good for two years. Glad to see they are correcting the sign so quickly.

  19. #19
    Regular Member Fibresteve's Avatar
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    Port of Kalama? no firearms?

    Went by the Port of Kalama today. Looks like they painted over the "NO FIREARMS" portion. Nice work M1Gunr! Click image for larger version. 

Name:	ImageUploadedByTapatalk1345068468.453757.jpg 
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  20. #20
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Fibresteve View Post
    Went by the Port of Kalama today. Looks like they painted over the "NO FIREARMS" portion. Nice work M1Gunr! Click image for larger version. 

Name:	ImageUploadedByTapatalk1345068468.453757.jpg 
Views:	137 
Size:	76.1 KB 
ID:	9086
    We need to buy Bill a OC cape, between him and NavyLCDR there is many a sign change and a written policy given.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  21. #21
    State Researcher Bill Starks's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    We need to buy Bill a OC cape, between him and NavyLCDR there is many a sign change and a written policy given.

    just keep pointing out the issues and those of us with the know-how will write the letters......

  22. #22
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by M1Gunr View Post
    just keep pointing out the issues and those of us with the know-how will write the letters......

    Thank you.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  23. #23
    Activist Member bwboley's Avatar
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    so who runs port of woodland? http://www.portofwoodland.com/
    just wondering since i do fish at austin point but from what it sounds like its not run by wa

    To be on port property legally, you must also have a Port of Woodland Beach Access Permit (also known as a “Port Pass”) which costs $5 and is valid for two years.




    http://www.columbian.com/news/2013/f...awarded-60000/

  24. #24
    Regular Member Coyote_VS_ACME's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    ...I was surfing West Port and had one pop up that seemed as big as a Volkswagen Beetle right next to me. Talk about being unarmed and in their element! He just studied me a moment and sank under and disappeared.
    I have seen them from afar, but a few weeks ago I was on the bottom deck (Brem side) of the Port Orchard foot ferry waiting for it, when not more than 3 feet from me in the water I saw a massive hump come up out of the corner of my eye and fully turned to see this large sea lion dive under almost silently.

    Never seen one before so close to the dock.

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