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Is Oak Harbor going to follow Seattle into lawsuit club?

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Whenever I go to Windjammer Park I open carry all the time. Never a problem. I have addressed the Island County Code violation with the county commissioners and they said, basically, they weren't going to spend the money on changing anything but that all the officials and LEO knew it was not enforceable. Perhaps a motion could be made to the appropriate court for a simple writ of mandamus ordering the city/county to obey state law?

What really needs to be done is to teach these people how to read. Especially the part of the State preemption law that says all "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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."

If a law has been repealed, then it doesn't exist anymore. Would almost be fun to get arrested and then sue the $h!t out of the City. Might save that up for when I have a year or so to waste.
 

BigDave

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Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Great Job for both of you standing up and speaking.
We use to have a list of firearms code violations through out Washington State and again I would challenge others to look at their local ordinances, be it city or county and address those that are still not in compliance.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Excellent letter and well thought out

Definitely a well written letter. Now the question remains "are the council members smart enough to understand the ramifications of their ignorance and defiance?"

Frankly, I don't see the State returning to the old "patchwork of gun laws" system that prevailed prior to "preemption". Perhaps all the cities and counties see this too and that's why there are those who are practicing "civil servant defiance". Kind of like the Cop that arrests someone knowing full well there is no case and just tells them "so what, get a lawyer and argue it in court". Essentially these individuals are defying the law with the unspoken challenge "so what, now let's see who wants to spend money to challenge us". As for defending against any lawsuit, it's not their money so why care.
 

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
Possibility of violating RCW 29A.56.110 Malfeseance in office
and RCW 42.20 Misconduct of public officials
 

skeith5

Regular Member
Joined
Sep 19, 2012
Messages
356
Location
United States
John and I had a great meeting with the chief today. I'm unable to write much now but will post tonight or in tomorrow.

Scott
 

BigDave

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Nov 22, 2006
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Yakima, Washington, USA
It was a very good meeting with the Chief of Police. We don't want to post the specifics of what he said because what was posted in the newspaper was taken out of context and did not contain the other almost 1 hour of discussion that occurred that night. Here is the link to the video of the 12/18/2012 City Council Meeting:
http://www.oakharbor.org/video-view.cfm?series=30

Is this the link you are referring to ?
http://www.oakharbor.org/video-view.cfm?series=30&id=215
 

skeith5

Regular Member
Joined
Sep 19, 2012
Messages
356
Location
United States
1 thing I'd like to ask the board. During our conversation I had asked if the Oak Harbor PD had a training document regarding contacting people open carrying. They currently do not but the chief was open to issuing one. I offered to send him something patterned off one of the existing bulletins. I have read Spokane's and wasn't too impressed. Everett didn't seem too bad. What's the best bulletin out there?

Scott
 

Alpine

Regular Member
Joined
Aug 10, 2012
Messages
671
Location
Idaho
It was a very good meeting with the Chief of Police. We don't want to post the specifics of what he said because what was posted in the newspaper was taken out of context and did not contain the other almost 1 hour of discussion that occurred that night. Here is the link to the video of the 12/18/2012 City Council Meeting:
http://www.oakharbor.org/video-view.cfm?series=30

We are going to run what we will post by the Chief of Police first to make sure we capture exactly how he feels. I can tell you this, I think we agreed on about 99.5% of everything. He is a very tactical thinker. He is very familiar with the firearms possession and carry laws in Washington, which is exactly why he sat behind us in the City Council meeting and never approached us or questioned us. In fact, when we first arrived at the city council meeting one or two council members approached him and said it was against the law for us to carry in a government building and he set them straight and told them carrying was prohibited in courthouses and we weren't in a courthouse.

In addition, at least one council member said, in his presence, that she felt intimidated by our firearms, and obviously, Mr. Hoffmire was so frightened by our firearms that he forgot what he was going to say, however the Chief of Police knows the difference between "warrants" alarm and "causes" alarm and didn't bother us about it. Rest assured that the city attorney, the prosecuting attorney, and the Oak Harbor police force knows and honors that the firearms ban violates state law.

Very good.

Though I take it the 0.5% of disagreement was over whether the council members were breaking the law and should be arrested right? In our statist police-state culture I doubt that would ever really work but I'm curious how the chief rationalized those statutes about public servants away.
 
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MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
1 thing I'd like to ask the board. During our conversation I had asked if the Oak Harbor PD had a training document regarding contacting people open carrying. They currently do not but the chief was open to issuing one. I offered to send him something patterned off one of the existing bulletins. I have read Spokane's and wasn't too impressed. Everett didn't seem too bad. What's the best bulletin out there? Scott

http://forum.nwcdl.org/index.php?action=downloads take a look here. I will be rec'ing the "new" bellingham TB soon. I will post it when it is published.

If we want/need to have an open carry picnic in the park, I can almost guarantee there will be nothing more than the appropriate level of law enforcement "contact". I would suggest we plan it at least a couple weeks in advance and invite the city council to join us.
I would go for that. Also if you need a stand-in at a meeting, give me some notice and I will make the drive.
 

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
The Olympia training bullitin is probably the easiest, most concise and compact.
Thanks to SV Libertarian (Smitty)
 

outlaw7

Regular Member
Joined
Jan 6, 2013
Messages
15
Location
whidbey
Sorry I'm late guys but I was just pointed this direction, let me first introduce myself. Names Brandon, born in Coupeville and raised in Oak Harbor. Graduated in 1999 and enlisted in the US Army in may 2000. Served 3 years as a 13f(fire support specialist) and my last 2 as a 19d(cavalry scout) based out of FT Hood Tx(1st Cav). Walked the beat in NE Baghdad from mar 04-may 05. Came back to Whidbey in 07 and now work at the refinery in Anacortes but still live in Oak Harbor. I just found out about this city ordnance and it has got me a little upset. I am looking to help put an end to this in anyway I can. I have contemplated slinging my m1a across my back and strolling down the beach to see if I could make enough waves to bring this issue to a bigger audience other than the whidbey times. All this talk of bans really gets my blood hot after all I sacrificed along with so many brothers and sisters in arms defending this great nation, to have all these people trying to strip peoples rights and freedoms that every service member past,present,and future has fought and many died for just really gets at me. Sorry for the long rant and terrible punctuation, I am ready to help in any way
littleshitasses.jpg
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Welcome aboard, Brandon!

You've got a great group of open carriers in your state. I'm sure they'll be glad to have you aboard, too.


PS: Discussion about open carrying long arms is frowned upon. The forum owners and moderators want to promote handgun carry. Just giving you a little heads up; not a criticism. Its in the forum rules. They're pretty strict about it.
 

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
As a fellow soldier (retired 21 years), I thank you for your service and your desire to help. Let's let these experienced gentlemen take this forward, and when they need our help we can jump in. Strapping a long rifle across our back, and going on parade is not the best course of action at this point.
 

outlaw7

Regular Member
Joined
Jan 6, 2013
Messages
15
Location
whidbey
Thanks for the welcome and heads up on the rules, i'll keep it all handguns from here on out. I do have my cwp and carry both concealed and open. I don't plan on strapping one on, I sometimes use forums to think out loud because my first course of action is usually the wrong one. Not my fault, I was trained to survive in that meat grinder over the pond. But many of these forums are filled with very knowledgeable and level headed people and that's why I try and frequent them and learn as much as I can.
 
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wolf-father

Regular Member
Joined
Aug 5, 2008
Messages
130
Location
, Washington, USA
Welcome to the forum and thanks for your service. I really hope that they will come to their senses sooner then later. In my opinion carrying an m1 or any rifle is not the best course of action. We would love to have plenty of people to come out for a picnic when we come up with a date (maybe Feb after NavyLCDR gets back or before he leaves).
 
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skeith5

Regular Member
Joined
Sep 19, 2012
Messages
356
Location
United States
Thanks for the welcome and heads up on the rules, i'll keep it all handguns from here on out. I do have my cwp and carry both concealed and open. I don't plan on strapping one on, I sometimes use forums to think out loud because my first course of action is usually the wrong one. Not my fault, I was trained to survive in that meat grinder over the pond. But many of these forums are filled with very knowledgeable and level headed people and that's why I try and frequent them and learn as much as I can.

Welcome to the forum and thanks for your service. I think that an open carry picnic would be a great idea. I don't think long gun open carry really advances the cause very much.

Scott
 
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