From: bob rXXXXX [mailto:bobrXXXXX@gmail.com]
Sent: Tuesday, September 02, 2008 1:44 PM
To: Bledsoe, Jim
Subject: Spokane municipal code and RCW 9.41.290
Over the weekend I was with a gentleman who was asked to leave Riverfront Park during the Pig Out In The Park festivities because he was exercising his right under the US Constitution Second Amendment and the Washington State Constitution Article 1 Section 24 to wear his pistol in an open manner. He asked to leave by the police using Spokane municipal code 10.10.040 Section F subsection 1 which states:
"No person may in any park:
possess any dangerous weapon as defined in chapter 9.41 RCW, unless authorized by park department rule, regulation or special permission of the park board, park department or police department; or"
I believe this section of the municipal code is in violation of RCW 9.41.290 which states in part :
"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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
As open carry of a firearm is legal in the state of Washington I would like your interpretation of this Municipal code in light of RCW 9.41.290. If I decide to enter Riverfront park, or any other city park while carrying a firearm openly in a holster will I be subject to prosecution?
While going over the municipal codes I also noticed that 10.10.050 has similar wording:
No person shall bring into any City public assembly facility any cans, bottles, alcoholic beverages, controlled substances, guns, knives or other such devices which are weapons or apparently capable of use as weapons.
The public assembly facilities are the Spokane Opera House, the Convention Center/Washington State International Agricultural Trade Center, and Joe Albi Stadium."
This seems to be in violation of RCW 9.41.290 and also RCW 9.41.300 which states in part:
"b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms."
The way I read this is that as long as I have a concealed pistol license issued by the state I can take my pistol into the areas specifically mentioned as restricted in 10.10.050.
Once again, I would like your interpretation of municipal code 10.10.050 in light of RCW 9.41.300 and 9.41.070.
Thank you for your time and consideration of this matter.