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Thread: City of Chelan Code

  1. #1
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    Sent this to the city of Chelan:

    Dear City of Chelan Attorney and Council:


    Currently Chelan Municipal Code 9.18.040 [Weapons prohibited on liquor sale premises.] Section A is worded: “It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink to:
    1. Carry in any manner any firearm, rifle or handgun, whether said person has a license or permit to carry said firearm or not, and whether said firearm is concealed or not…”

    Chelan Municipal Code 9.18.040 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”

    Chelan Municipal Code 9.18.040 is restricting the possession of a firearm “on or in any premises in the city where alcoholic beverages are dispensed by the drink.” Under RCW 9.41.300 [Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty. (1)(d)] it only states: “That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.” Chelan Municipal Code 9.18.040 is more restrictive then RCW 9.41.300 therefore it is in violation of RCW 9.41.290 [State Preemption] and is preempted and repealed.

    The second Municipal Code in violation of RCW 9.41.300 is Chelan Municipal Code 9.22.020 [Parks – Prohibited acts] Section I where it states: “It is unlawful to carry, possess on one’s person, or display any firearm or other dangerous weapon in any park, provided that this provision shall not apply to on-duty peace officers.”

    Chelan Municipal Code 9.22.020 is more restrictive than RCW 9.41.300 as parks are not listed as a place that firearms are prohibited to be carried. Therefore under RCW 9.41.290 Chelan Municipal Code 9.22.020 is preempted and repealed.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 codesin 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,


  2. #2
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    Got this back from a member of the council:

    Mr. xxx - thank you for bringing this to our attention. We will certainly have our City Attorney look into this. I will make every attempt to keep you informed as well. Jim

  3. #3
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    Cool. Good work brother.

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