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ORDINANCE NO. 10-016
RELATING TO FIREARMS AND OTHER WEAPONS
IN COUNTY PARKS, PROHIBITING DISCHARGE OF
FIREARMS, AMENDING SCC 22.16.090, ETC. - 1
1 Adopted: April 21, 2010
2 Effective: May 15, 2010
3
4 SNOHOMISH COUNTY COUNCIL
5 Snohomish County, Washington
6
7 ORDINANCE NO. 10-016
8
9 RELATING TO FIREARMS AND OTHER WEAPONS IN COUNTY PARKS,
10 PROHIBITING DISCHARGE OF FIREARMS, AMENDING SCC 22.16.090,
11 AND ADDING A NEW SECTION
12
13 WHEREAS, the Washington State Legislature declared in RCW 9.41.290 that the
14 State of Washington fully occupies and preempts the entire field of firearms regulation
15 within the boundaries of the State, including the registration, licensing, possession,
16 purchase, sale, acquisition, transfer, discharge, and transportation of firearms; and
17
18 WHEREAS, in a formal legal opinion (AGO 2008 No. 8) the Attorney General of
19 the State of Washington declared that RCW 9.41.290 preempts a city’s authority to
20 enact local laws that prohibit possession of firearms on city property or in city-owned
21 facilities; and
22
23 WHEREAS, the King County Superior Court recently held that city authority to
24 regulate possession of firearms in city parks and recreation facilities during public use of
25 those facilities is preempted by state law and, on that basis, invalidated a Seattle rule
26 prohibiting possession of firearms in city parks; and
27
28 WHEREAS, there is a substantial likelihood that, if challenged, SCC 22.16.090
29 would be found by a court to violate RCW 9.41.290 insofar as it prohibits the possession
30 of firearms in county parks;
31
32 NOW, THEREFORE, BE IT ORDAINED:
33
34 Section 1. Snohomish County Code Section 22.16.090, last amended by
35 Amended Ordinance No. 98-076 on August 19, 1998, is amended to read:
36
37 22.16.090 Weapons and fireworks.
38 (1) No person shall possess ((or discharge)) any ((firearm)) crossbow,
39 bow and arrow, air or gas weapon, slingshot, fireworks or explosive in any county
40 park except at times and in areas specifically designated by the parks division
41 and posted for such use. No person shall discharge a crossbow, bow and arrow,
42 air or gas weapon, slingshot, fireworks or explosive in, into, or across any county
ORDINANCE NO. 10-016
RELATING TO FIREARMS AND OTHER WEAPONS
IN COUNTY PARKS, PROHIBITING DISCHARGE OF
FIREARMS, AMENDING SCC 22.16.090, ETC. - 2
1 park except at times and in areas specifically designated by the parks division
2 and posted for such use.
3 (2) This section is based, in part, on the apparent preemptive effect of
4 RCW 9.41.290 on county authority to prohibit possession of firearms in county
5 parks.
6
7 Section 2. A new section is added to Chapter 22.16 of the Snohomish County
8 Code to read:
9
10 22.16.095 Discharge of firearms.
11 (1) No person shall discharge a firearm in, into, or across any county park
12 except at times and in areas specifically designated by the parks division and
13 posted for such use.
14 (2) This section shall not be construed to abridge the right of individual
15 citizens to bear arms in defense of self or others as provided in RCW 9.41.300
16 and article I, section 24, of the state constitution.
17
18 PASSED this 21st day of April, 2010.
19
20 SNOHOMISH COUNTY COUNCIL
21 Snohomish County, Washington
22
23 Dave Gossett
24 Chairperson
25
26 ATTEST:
27
28 Barbara Sikorski
29 Asst. Clerk of the Council
30
31 (X) APPROVED
32 ( ) EMERGENCY
33 ( ) VETOED
34
35 DATE: May 5, 2010
36
37 Brian Parry
38 For County Executive
39
40 ATTEST:
41
42 Cora Palmer
43
