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Montesano passes gun ban ordinance for parks

Dave Workman

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First Seattle, now this.
I don't believe in coincidences. We need to find out if this is being generated by CeaseFire or Mayors Against Gun Ownership or what...



[b ]Council bans firearms in parks[/b]
By Leif Nesheim - The Daily World
Thursday, June 12, 2008 10:21 AM PDT




Montesano is joining the ranks of cities banning firearms from their parks. The City Council has adopted a new parks ordinance describing activities prohibited in city parks. Among them is a ban on all firearms.

The council approved the new law by a split 4-3 vote on Tuesday. Earlier this week, Seattle Mayor Greg Nickels announced a new policy banning firearms on all city property, including parks. Critics of Seattle’s policy said the move violates state law and the rights of legally authorized gun owners. Washington state law prohibits local governments from enacting gun laws that are stricter than state codes but does allow cities to ban guns from city-owned stadiums, convention centers and the workplace, where the city is the employer.

“You guys are working really hard to take away my right to carry a gun,” said Councilman Albert Collins. He said the city shouldn’t take away the constitutional rights of people who have a permit to carry a concealed weapon. “If we have a permit to carry it, we should be OK.”

Voting against the ban were Collins, newly appointed Chris Hutchings and Nick Swinhart. Councilmen Chris Thomas, Doug Streeter, Pat Herrington and Rich Klinger voted for the ordinance.

Mike Bruner, city parks and recreation director, said the Parks and Recreation Committee considered the issue at length during the two years the new ordinance was crafted.

In the end, the committee decided parks should have the same restrictions on weapons as Montesano’s schools, Bruner said.

Montesano Police Chief Ray Sowers said it is difficult for officers to determine at a glance if a concealed weapon is carried legally with a permit or if the person has the weapon illegally. The city’s new law exempts police from the firearms ban.

Montesano resident Steve Hepp, who has a state-issued concealed weapons permit, said he and others should be allowed to carry a weapon as allowed by state law. He also urged the council to adopt later park hours for people like he and his wife, who like to take late night strolls. The city’s parks are closed from 10 p.m. to 6:30 a.m.

Hutchings said he wasn’t pleased with all the restrictions placed on pets in the parks.

“We like to play with our dogs in the parks,” he said. Pets must be leashed and are prohibited from areas covered by turf, picnic areas, sport courts or inbounds play areas.

Hutchings and Collins somewhat jokingly said they wouldn’t want their guns and dogs to run into each other.
 

Bear 45/70

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Don't these morons have an attorney to tell them that this is illegal and preempted? Again politicians are above the law, the elite, the ruling class. Didn't we fight a war over this crap back in the 1770s?
 

thewise1

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Sigh, I wish I could bill them for my time when I write letters to them after they illegally pass laws... Writing now, will send it this evening.
 

Tawnos

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It would probably be good not only to write to those supporting the ban, but also to those opposing it, thanking them for following the law and constitution(s).
 

Patch

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Went to school with most of the asses listed in that article, and they were asses then!



The biggest one is the po po chief, Ray Sowers. Shit, my soph or junior year he was undercover as a student to bust high school kids for drugs and such......was an asshat then lol

Grew up in Montesano and I am trying to remember the parks.......they got the one downtown that is like a block long.......been so long I don't remember if they have any more.........



Asshats down there, all of em LOL



****dislcaimer....not everyone who lives done there are bad LOL*****
 

Tawnos

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My email to the article's author
Mr Neshem:
In your recent article about the council's ban, the general writing indicates a state of affairs different than reality. First and foremost, the council has no legal way to enact and enforce a ban on firearms on any public property, per RCW 9.41.290: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.290

"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. ... 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."

Moreover, there was indication in the article that a permit is required for the legal carry of a firearm. This, too, is incorrect, as pistols may be legally open-carried without a CPL, so long as the the carry does not warrant alarm. Warrant has a different meaning than cause, as shown in a recent state ruling in State of Washington v. Gregory Elijah Casad: http://www.impsec.org/~jhardin/gunstuff/legal/State_v_Casad_(unpublished).pdf

"While it is not unlawful for a person to merely possess a firearm in
public
, the statute at issue does not violate one’s right to bear arms because 'n the vast majority
of situations, a person of common intelligence would be able to ascertain when the carrying of a
particular weapon would reasonably warrant alarm in others
.'"

Finally, Bruner's comments on restrictions in parks mirroring those in schools makes it appear that Montesano has a law preventing carry in schools. In fact, this is a Federal law (18 U.S.C. §922(q) "Gun-Free School Zones Act"), and it does not prohibit carry of a concealed weapon by a permit holder:

"(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State
in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license
;"

While I understand the desire of the city council to appear to be taking a meaningful stand, it is not their place to violate the rights of their constituents, nor is it acceptable to violate both law and constitution of the state of Washington.

Sincerely,
-Tim Hermann
 

uncoolperson

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Tawnos wrote:
My email to the article's author
While I understand the desire of the city council to appear to be taking a meaningful stand, it is not their place to violate the rights of their constituents, nor is it acceptable to violate both law and constitution of the state of Washington.



about the best way i've seen it ever written. you rock, and may i ask your permission to reuse that paragraph (with minor edits) myself.
 

Tawnos

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uncoolperson wrote:
Tawnos wrote:
My email to the article's author
While I understand the desire of the city council to appear to be taking a meaningful stand, it is not their place to violate the rights of their constituents, nor is it acceptable to violate both law and constitution of the state of Washington.



about the best way i've seen it ever written. you rock, and may i ask your permission to reuse that paragraph (with minor edits) myself.
Go right ahead. It's why I put it here. Feel free to take any parts of whatever I write as an open letter and use them.
 

HighCaliber

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I have noticed the signs in Seattle and Vancouver parks that prohibit firearms. So if I open carry in parks the police can arrest me? I'm moving to Montana....
 

tjschul

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Why all the worry about this BS? I intend to ignore all illegal signs just as I always have. Who gives a tiny sh*t about what some politicain has had placed on a fricken sign that doesn't carrythe weight of law. No different than the bar/restaurant owners who improperly place"no firearms" signs. I just don't get it I guess.

Got better things to worry about....like Osama in '08!
 
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