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I got this email back
I am the Snoqualmie City Attorney. This responds to your email to Joan Pliego regarding SMC 12.12.350.
Since the state has pre-empted the field of firearms regulation; the statute only provides a limited authority for cities to regulate the mere possession of firearms in certain locations, such as jails and stadiums; such authority does not include parks; and violation of SMC 12.12.350 is defined as a misdemeanor, I would agree that the portion of SMC 12.12.350 that purports to prohibit the mere possession of firearms in city parks is pre-empted by RCW 9.41.300.
I do not know whether anybody has been arrested or prosecuted for violating the prohibition on the mere possession of firearms in city parks, but I am advising the Police Department, Parks Department and City Prosecutor that the portion of SMC 12.12.350 prohibiting the mere possession of firearms in city parks is pre-empted and unenforceable, and all officers should be advised not to arrest or cite for a violation based solely on the mere possession of a firearm in a city park.
That said, given limited resources and higher priority issues, I cannot say when City Council may amend SMC 12.12.350 to remove the pre-empted portion prohibiting the mere possession of firearms. As you are no doubt aware, the portion of SMC 12.12.350 prohibiting the discharge of firearms is specifically authorized by RCW 9.41.300(2)(a). Discharge of firearms anywhere in the City is also prohibited by chapter 6.08 SMC, and the City as the landowner denies permission to hunt by any means in City open spaces, sensitive areas and parks in section 12.12.260 SMC. Additionally, laws prohibiting certain conduct, such as reckless endangerment, threatening or menacing or assault, will be strictly enforced. My advice to the Police Department therefore is strictly limited to the mere possession of firearms.
Thank you for bringing this to our attention.
I got this email back
I am the Snoqualmie City Attorney. This responds to your email to Joan Pliego regarding SMC 12.12.350.
Since the state has pre-empted the field of firearms regulation; the statute only provides a limited authority for cities to regulate the mere possession of firearms in certain locations, such as jails and stadiums; such authority does not include parks; and violation of SMC 12.12.350 is defined as a misdemeanor, I would agree that the portion of SMC 12.12.350 that purports to prohibit the mere possession of firearms in city parks is pre-empted by RCW 9.41.300.
I do not know whether anybody has been arrested or prosecuted for violating the prohibition on the mere possession of firearms in city parks, but I am advising the Police Department, Parks Department and City Prosecutor that the portion of SMC 12.12.350 prohibiting the mere possession of firearms in city parks is pre-empted and unenforceable, and all officers should be advised not to arrest or cite for a violation based solely on the mere possession of a firearm in a city park.
That said, given limited resources and higher priority issues, I cannot say when City Council may amend SMC 12.12.350 to remove the pre-empted portion prohibiting the mere possession of firearms. As you are no doubt aware, the portion of SMC 12.12.350 prohibiting the discharge of firearms is specifically authorized by RCW 9.41.300(2)(a). Discharge of firearms anywhere in the City is also prohibited by chapter 6.08 SMC, and the City as the landowner denies permission to hunt by any means in City open spaces, sensitive areas and parks in section 12.12.260 SMC. Additionally, laws prohibiting certain conduct, such as reckless endangerment, threatening or menacing or assault, will be strictly enforced. My advice to the Police Department therefore is strictly limited to the mere possession of firearms.
Thank you for bringing this to our attention.