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http://www.bellinghamherald.com/255/story/719116.html
BELLINGHAM - City Council members and Mayor Dan Pike are asking the state Legislature to prohibit people from carrying firearms in the city's parks.
Council members on Monday, Dec. 15, repealed a city law - common in many cities around the state - that prohibited firearms in parks after they were told by city attorneys that the law was not enforceable. State law supersedes the city's, and council members can't make stricter rules about public property, according to Evan Jones, an assistant city attorney who works in the criminal division.
In a 5-2 vote, with council members Barry Buchanan and Louise Bjornson opposed, the council repealed the law from the municipal code. Councilman Jack Weiss was absent. The council then unanimously asked the city's lobbyist, Dick Little, to see if state legislators would allow cities via state law to ban guns from parks.
For Buchanan, the issue comes down to the safety of kids, pointing out that it "doesn't make sense" to have guns in parks where children are playing. Bjornson couldn't be reached for comment.
Jones told the council that the issue is one of liability, and that because the law is unenforceable, someone could sue the city for false arrest.
The Bellingham Police Department had been told prior to the repeal of the law not to enforce it - but not before a man in 2007 was arrested in Bellingham while watching his son play in the park. A passerby reportedly saw a gun in the man's back "pants pocket," Jones said.
The city prosecutor, after reviewing the case and deciding state law didn't allow for prosecution, dropped the charges, Jones said.
"(Liability) does concern me, yes," Buchanan said. "But it's kind of a no-win situation. I'd definitely rather err on the side of public safety."
Attorney General Rob McKenna's office, in a non-binding opinion in October, said that such bans in parks and other city-owned property are not allowed by state law.
It turns out that Bellingham isn't the only municipality that has this law on the books.
Some 42 cities and seven counties have some type of ban on firearms in parks and other city-owned public places, said Alex Fryer, a City of Seattle spokesman.
In Whatcom County, Lynden, Ferndale and Blaine all have a gun ban in parks like the one repealed by Bellingham City Council members. Around the state, other cities like Buckley, Centralia and Spokane also have a gun ban in parks, Fryer said.
Seattle has been embroiled in a guns debate following a shooting that injured three people at the Folklife Festival in late May. Mayor Greg Nickels is trying to further restrict guns from city-owned property.
Meanwhile in Bellingham, Mayor Pike said he hopes the Legislature will listen to the city's concerns.
"Personally, I think that it's reasonable to have some places where guns aren't allowed and I think parks are a good example," Pike said. Pike said he doesn't believe guns should be at City Hall, either.
http://www.bellinghamherald.com/255/story/719116.html
BELLINGHAM - City Council members and Mayor Dan Pike are asking the state Legislature to prohibit people from carrying firearms in the city's parks.
Council members on Monday, Dec. 15, repealed a city law - common in many cities around the state - that prohibited firearms in parks after they were told by city attorneys that the law was not enforceable. State law supersedes the city's, and council members can't make stricter rules about public property, according to Evan Jones, an assistant city attorney who works in the criminal division.
In a 5-2 vote, with council members Barry Buchanan and Louise Bjornson opposed, the council repealed the law from the municipal code. Councilman Jack Weiss was absent. The council then unanimously asked the city's lobbyist, Dick Little, to see if state legislators would allow cities via state law to ban guns from parks.
For Buchanan, the issue comes down to the safety of kids, pointing out that it "doesn't make sense" to have guns in parks where children are playing. Bjornson couldn't be reached for comment.
Jones told the council that the issue is one of liability, and that because the law is unenforceable, someone could sue the city for false arrest.
The Bellingham Police Department had been told prior to the repeal of the law not to enforce it - but not before a man in 2007 was arrested in Bellingham while watching his son play in the park. A passerby reportedly saw a gun in the man's back "pants pocket," Jones said.
The city prosecutor, after reviewing the case and deciding state law didn't allow for prosecution, dropped the charges, Jones said.
"(Liability) does concern me, yes," Buchanan said. "But it's kind of a no-win situation. I'd definitely rather err on the side of public safety."
Attorney General Rob McKenna's office, in a non-binding opinion in October, said that such bans in parks and other city-owned property are not allowed by state law.
It turns out that Bellingham isn't the only municipality that has this law on the books.
Some 42 cities and seven counties have some type of ban on firearms in parks and other city-owned public places, said Alex Fryer, a City of Seattle spokesman.
In Whatcom County, Lynden, Ferndale and Blaine all have a gun ban in parks like the one repealed by Bellingham City Council members. Around the state, other cities like Buckley, Centralia and Spokane also have a gun ban in parks, Fryer said.
Seattle has been embroiled in a guns debate following a shooting that injured three people at the Folklife Festival in late May. Mayor Greg Nickels is trying to further restrict guns from city-owned property.
Meanwhile in Bellingham, Mayor Pike said he hopes the Legislature will listen to the city's concerns.
"Personally, I think that it's reasonable to have some places where guns aren't allowed and I think parks are a good example," Pike said. Pike said he doesn't believe guns should be at City Hall, either.