cynicist
Regular Member
imported post
This is my first draft. What do you think?
Dear X
It has recently come to my attention that a part of the Sunnyside Municipal Code stands contrary to a preemptory subsection of the Revised Code of Washington, and by state law is preempted and repealed.
Sunnyside Municipal Code 12.04.020 Prohibited Acts (in Public Parks) reads in pertinent part: The following acts are unlawful: D.To shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind [size=or to carry any firearm][/size] or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except as provided in this chapter. State law explicitly states that municipalities may not enact laws more strict or inconsistent with the RCW in regards to carrying firearms, and if they do, there are repealed. RCW 9.41.290 reads in whole: “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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed[/b], regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”
The Sunnyside Code making unlawful the possession of a firearm in a public park is more restrictive and inconsistent with state law on the matter. Please advise the City Council and/or Manager on the matter, so as to revise the Sunnyside Municipal Code so that it may not stand in opposition to RCW 9.41.290, and to prevent and preclude any potential lawsuits that may arise from unlawful arrests from this preempted code.
Further, I request that you assist the city law enforcement officials to develop a bulletin for officers that will clear up misconceptions caused by the preempted Code.
I look forward to hearing back from you on this matter.
Sincerely,
X
Concerned citizen of Sunnyside
This is my first draft. What do you think?
Dear X
It has recently come to my attention that a part of the Sunnyside Municipal Code stands contrary to a preemptory subsection of the Revised Code of Washington, and by state law is preempted and repealed.
Sunnyside Municipal Code 12.04.020 Prohibited Acts (in Public Parks) reads in pertinent part: The following acts are unlawful: D.To shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind [size=or to carry any firearm][/size] or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except as provided in this chapter. State law explicitly states that municipalities may not enact laws more strict or inconsistent with the RCW in regards to carrying firearms, and if they do, there are repealed. RCW 9.41.290 reads in whole: “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[/b], regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”
The Sunnyside Code making unlawful the possession of a firearm in a public park is more restrictive and inconsistent with state law on the matter. Please advise the City Council and/or Manager on the matter, so as to revise the Sunnyside Municipal Code so that it may not stand in opposition to RCW 9.41.290, and to prevent and preclude any potential lawsuits that may arise from unlawful arrests from this preempted code.
Further, I request that you assist the city law enforcement officials to develop a bulletin for officers that will clear up misconceptions caused by the preempted Code.
I look forward to hearing back from you on this matter.
Sincerely,
X
Concerned citizen of Sunnyside