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Port of Kalama? no firearms?

bwboley

Activist Member
Joined
May 24, 2010
Messages
252
Location
Portland/Vancouver, ,
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
2012-08-029515_35_11_.jpg
 

Voob

Regular Member
Joined
Mar 2, 2010
Messages
24
Location
, ,
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in a newspaper is required, such Washington state statutes or codes or other codes or compilations so adopted need not be published therein: PROVIDED, HOWEVER, That not less than one copy of such statute, code or compilation and amendments and additions thereto adopted by reference shall be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?
 

bwboley

Activist Member
Joined
May 24, 2010
Messages
252
Location
Portland/Vancouver, ,
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
 

Vitaeus

Regular Member
Joined
May 30, 2010
Messages
596
Location
Bremerton, Washington
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.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
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.
 

bwboley

Activist Member
Joined
May 24, 2010
Messages
252
Location
Portland/Vancouver, ,
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.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
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.
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
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
 

TheJeepster

Regular Member
Joined
Dec 23, 2009
Messages
95
Location
, ,
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:

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
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
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County

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.
 

Bitter End

New member
Joined
Jul 15, 2010
Messages
8
Location
Graham, WA
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?
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
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
 

Fibresteve

Regular Member
Joined
Jul 1, 2012
Messages
50
Location
Woodland, WA
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.
 
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