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Sent a letter to the city of Yakima concerning 13.16.120 which restricts firearms from parks.
Dear Attorney and Council of the city of Yakima:
I would like to bring to the city’s attention Yakima Municipal Code13.16.120 [Firearms prohibited--Throwing prohibited] and its violation of Washington State Law.
Currently Yakima Municipal Code13.16.120 is worded: “No person other than an authorized peace officer shall carry any firearms, nor shall any person throw stones or other missiles, in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. B-1381, rule 12, 1952).”
Yakima Municipal Code13.16.120 is in violation of RCW 9.41.290 [State Preemption]: “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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”
Yakima Municipal Code13.16.120 is inconsistent and more restrictive then RCW 9.41.300 when it states: “No person other than an authorized peace officer shall carry any firearms…” There is no exemption in RCW 9.41.300 that stats a city can restrict the right to carry a firearm onto the grounds of a public park. Under RCW 9.41.290, Yakima Municipal Code13.16.120 is preempted and repealed. I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities."
I request that you revise the referenced codein order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. 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 about this issue.
Thank You
Sent a letter to the city of Yakima concerning 13.16.120 which restricts firearms from parks.
Dear Attorney and Council of the city of Yakima:
I would like to bring to the city’s attention Yakima Municipal Code13.16.120 [Firearms prohibited--Throwing prohibited] and its violation of Washington State Law.
Currently Yakima Municipal Code13.16.120 is worded: “No person other than an authorized peace officer shall carry any firearms, nor shall any person throw stones or other missiles, in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. B-1381, rule 12, 1952).”
Yakima Municipal Code13.16.120 is in violation of RCW 9.41.290 [State Preemption]: “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.”
Yakima Municipal Code13.16.120 is inconsistent and more restrictive then RCW 9.41.300 when it states: “No person other than an authorized peace officer shall carry any firearms…” There is no exemption in RCW 9.41.300 that stats a city can restrict the right to carry a firearm onto the grounds of a public park. Under RCW 9.41.290, Yakima Municipal Code13.16.120 is preempted and repealed. I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities."
I request that you revise the referenced codein order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. 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 about this issue.
Thank You