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Thread: King County Code

  1. #1
    Regular Member badkarma's Avatar
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    King County Code

    Anyone perceive this to be out of date?

    7.12.630 Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a county park. No person shall discharge across, in, or into any King County park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
    Provided that:
    Where the department for good cause has authorized in writing a special recreational activity upon finding that it is not inconsistent with King County park use this section shall not apply. (Ord. 12003 § 17, 1995*: Ord. 8166 § 8, 1987: Ord. 6798 § 63, 1984).
    http://www.kingcounty.gov/council/le...n/kc_code.aspx
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  2. #2
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by badkarma View Post
    Anyone perceive this to be out of date?



    http://www.kingcounty.gov/council/le...n/kc_code.aspx
    Looks like its complies with state law to me. Local are allowed to regulate discharge of firearms.
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  3. #3
    Regular Member Alpine's Avatar
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    How about this part?

    No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a county park.

  4. #4
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by Alpine View Post
    How about this part?
    I see what you guys mean, in regards to 'air or gas weapon'. Whereas the weapon is "gas operated". In its simple element gas operated could mean, the explosive gases released when the round ignites are used to power the "action" of the weapon, which would make a traditional firearm meet the definition.

    While I fully believe the intent as written was to exclude airsoft, paintball, etc. and not a firearm so that they would be in compliance. This is further seen where they are regulating discharge its specifically mention firearm in addition to 'air or gas weapon'.

    Clarity could be sought I suppose.
    Last edited by slapmonkay; 03-12-2013 at 06:40 PM.
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  5. #5
    Opt-Out Members BigDave's Avatar
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    Like this gas gun?
    Last edited by BigDave; 03-12-2013 at 06:52 PM.
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  6. #6
    Regular Member Alpine's Avatar
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    Man, how insane is that, you can have a firearm in King County parks but not a bow?

  7. #7
    Regular Member Fallschirmjäger's Avatar
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    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.
    [1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]

    versus

    7.12.630 Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a county park. No person shall discharge across, in, or into any King County park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
    Provided that:
    Where the department for good cause has authorized in writing a special recreational activity upon finding that it is not inconsistent with King County park use this section shall not apply. (Ord. 12003 § 17, 1995*: Ord. 8166 § 8, 1987: Ord. 6798 § 63, 1984).

    1) a firearm is indisputably a 'device' and
    2) a firearm is usually capable of killing a person or animal.
    Last edited by Fallschirmjäger; 03-12-2013 at 09:49 PM.

  8. #8
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    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.
    [1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]

    Please also read RCW 9.41.300(2) which is called out in the state preemption statue 9.41.290.

    Quote Originally Posted by RCW 9.41.290
    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others
    I Am Not A Lawyer, verify all facts presented independently.

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  9. #9
    Regular Member EMNofSeattle's Avatar
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    I think people here are hairsplitting over nothing. The ordinance does not seem to include firearms and appears painfully written to avoid mentioning firearms. Unless the county actually tries to enforce this law against someone lawfully carrying a firearm I wouldn't worry about it..... If they wanted to ban firearms they'd put the word firearm in the code...
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  10. #10
    Regular Member Vitaeus's Avatar
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    Guys, you are reading a bit too much into this, the ordinance does not specifically prohibit firearm possession or even use under applicable self defense, etc. Firearm is a specifically defined term in the RCW's. RCW 9.41.010 defines a firearm as

    "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder

    So all the torturous logic that it fits under the gas or air stuff is at best a straw-man.

    Discharge prohibitions are allowed as long as they are not more restrictive, nor more penalizing that various sections of 9.41

  11. #11
    Regular Member hermannr's Avatar
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    Quote Originally Posted by slapmonkay View Post
    Looks like its complies with state law to me. Local are allowed to regulate discharge of firearms.
    Read it again...it does NOT comply with RCW9.41.300(2)(a) (in part)

    "....Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and...."

  12. #12
    Regular Member tombrewster421's Avatar
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    King County Code

    Quote Originally Posted by hermannr View Post
    Read it again...it does NOT comply with RCW9.41.300(2)(a) (in part)

    "....Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and...."
    Apparently they forgot to list an exception. Will you bring it to their attention? I don't live close to Seattle and frankly don't have the time to deal with it.
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