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    City gun ordinance broke state law
    City gun ordinance broke state law By Michele Mihalovich
    World staff writer
    Posted January 23, 2009
    WENATCHEE — City officials thought their new ordinance last year banning firearms from city parks seemed a "pretty reasonable restriction" at the time; but they recently learned the code change violates state law.
    City Attorney Steve Smith told the council Thursday night he’d received an e-mail from someone he didn’t know named Sean Smith who stated the park regulation may be in violation of Washington State law.

    Smith told the council he researched the issue and found an attorney general opinion dated Oct. 13, 2008, confirming cities do not have the authority to enact a local law that prohibits possession of firearms on city property or in city-owned facilities.

    Parks Director Dave Erickson said before the meeting the code change, which happened in May, was just part of a standard parks code update.

    "Municipalities all across the state included the gun ban from city parks," he said.

    "The (state) law’s pretty narrow," he said. "They can be banned from law buildings such as courts and jails, and a few other places."

    Smith told the council the Wenatchee code will have to be amended. Bows and arrows, crossbows and air and gas weapons will continue to be banned in city parks, however. "So you’re telling me that I can’t go to a park full of kids with a bow and arrow, but I can strap on a 357 Magnum?" asked Councilman Jim Bailey. "I’m unnerved by this."

    Councilman Mark Kulaas also criticized the need to lift the gun ban. "So I can’t set off a bottle rocket in a city park, but I can shoot a firearm?"

    Smith explained the city can, and will continue to, restrict anyone from discharging a firearm in a city park. He also wanted to add to the Wenatchee code that a firearm could be discharged if it’s used to defend oneself or others.

    Wenatchee Police Chief Tom Robbins, who was in attendance, confirmed it is against the law for anyone, except authorized law enforcement personnel, to shoot a firearm anywhere within city limits.

    Smith pointed out RCW 9.41.290 also prohibits the city from banning guns on city property and at facilities, adding it "boggles my mind that we can’t prohibit firearms (from these places)."

    The council, except for Gaby Fernandez and Doug Miller who were absent, approved the code changes so the city would not be in violation of state law.

    Mayor Dennis Johnson asked Smith if city officials should discuss the issue at the legislative level.

    "I’d encourage it," Smith said.

    Michele Mihalovich: 665-1188

    mihalovich@wenatcheeworld.com

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    rcpaine wrote:
    Councilman Mark Kulaas also criticized the need to lift the gun ban. "So I can’t set off a bottle rocket in a city park, but I can shoot a firearm?"
    These are the idiots we have to deal with on a daily basis to just try and get the state law enforced...

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    Looks like that city council is full of sheeple.

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    David.Car wrote:
    rcpaine wrote:
    Councilman Mark Kulaas also criticized the need to lift the gun ban. "So I can’t set off a bottle rocket in a city park, but I can shoot a firearm?"
    These are the idiots we have to deal with on a daily basis to just try and get the state law enforced...

    Yeah, he'sa city councilman who doesn't understand that he can restrict the discharge of firearms within the incorporated areas, but that the state has repealed and pre-empted all of the laws that exceed state laws or penalties corresponding to the carry of firearms.

    Or, worse yet, he actually does understand, but he makes these asinine comments to rile up the sheeple.


    EDIT: Oh yeah, and if he's so pissed that he can't set off a bottle-rocket, why doesn't he repeal the law prohibiting them?

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    hey I'm glad they published this article regarding my email thanks for posting.

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    rcpaine wrote:
    Mayor Dennis Johnson asked Smith if city officials should discuss the issue at the legislative level.

    "I’d encourage it," Smith said.
    I just have this feeling we're going to see this more and more. Enough outcry from these little local tyrants and preemption will be in peril.

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    I honestly don't think that the state will give up authority over guns. It affects too many people all across the state and would put many of us in jeapordy by unknowingly breaking a local ordinance.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    joeroket wrote:
    I honestly don't think that the state will give up authority over guns. It affects too many people all across the state and would put many of us in jeapordy by unknowingly breaking a local ordinance.
    But they might add to the list of prohibited places with enough pressure from these local legislators.

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    shad0wfax wrote:
    David.Car wrote:
    rcpaine wrote:
    Councilman Mark Kulaas also criticized the need to lift the gun ban. "So I can’t set off a bottle rocket in a city park, but I can shoot a firearm?"
    These are the idiots we have to deal with on a daily basis to just try and get the state law enforced...

    Yeah, he'sa city councilman who doesn't understand that he can restrict the discharge of firearms within the incorporated areas, but that the state has repealed and pre-empted all of the laws that exceed state laws or penalties corresponding to the carry of firearms.

    Or, worse yet, he actually does understand, but he makes these asinine comments to rile up the sheeple.


    EDIT: Oh yeah, and if he's so pissed that he can't set off a bottle-rocket, why doesn't he repeal the law prohibiting them?
    mkulaas@wenatcheewa.gov is his email if anyone wants to ask him to clarify his comments. I would be curious at what his reply would be.

    BTW - does anyone know if council members take an oath to uphold the constitution of WA state or USA like police do? I mean, they have to have some sort of mission statement, or something they will follow. I just can't see someone holding even a simple city council position not taking a "promise to abide by the laws of the land"... or something like that.

    I may start emailing him asking

    "Hi Jim,

    What kind of bottle rockets you like?"

    Flanders

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    Email sent.

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    Wow, check out these comments....

    On news that Wenatchee's ban on guns in city parks may violate state law:


    1. The gun laws are fine the way they are. Sure you can open-carry a gun in a park, but nobody really does this. Most of the time it's the people with legit concealed weapons permits who carry, because they don't want to scare other people by open carrying. People are totally within their rights to bear arms. ... What we should be concerned about are people who illegally carry and who aren't permitted to own/carry guns. We have a surge in gang activity and some people just feel safer knowing that they have something with them to defend themselves against some of these people.


    2. I was very surprised and shocked to hear the city of Wenatchee had passed a local ordinance making it illegal to carry a gun in city parks. As a 14-year law enforcement officer, I can tell you that this law is unnecessary and infringes on the state and federal constitutional rights of citizens who choose to legally carry a concealed weapon in city parks. If a citizen has a concealed carry permit and they choose to carry a gun in a city park, it is and should be their right to do so. I cannot speak for other law enforcement officers or for my department, but I can speak from my experience. Criminals who can't legally own firearms commit crimes, not law-abiding citizens who have concealed weapons permits.

    http://wenatcheeworld.com/article/20...WS04/701239880

    XD


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    XD45PlusP wrote:
    Wow, check out these comments....

    [SNIP]
    Yeah, and then you get complete D-bags like this guy:


    I always carry a concealed weapon in wenatchee. may all mexicon's be sent back back to mexico via the
    road thy came in on and be required to pick up the trash thy left comming in on no plane ride
    long live the texas border patrol
    Max Harrison | Jan 23, 2009 2:38 pm | Request Removal


    I'd like to believe that's an anti-gun troll posing as a CC'er just trying to give gun-owners a bad name, but then again it might not be.


    EDIT: I Tried to make the clickable link I used to request the removal of that comment actually clickable, but it's too long and obfuscated for this forum to handle as a URL.

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    Are the City, county attorneys not being contacted for advisement before councils enact these violating ordinances/codes?
    Im proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Are the City, county attorneys not being contacted for advisement before councils enact these violating ordinances/codes?
    No, I don't think they are; either that, or the attorneys are doing a piss poor job. These local city folk want us to follow their laws, but they don't want to follow the state's. As usual, it seems laws are for us citizens and corrupt officials don't think they have to abide by them.

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    You have to remember that a lot of these local laws were on the books prior to preemption.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    joeroket wrote:
    You have to remember that a lot of these local laws were on the books prior to preemption.
    When did 290 hit the books?
    Im proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    If I remember correctly it was 85 or 86. A lot of the municipal codes I have seen have been on the books since the late 70's and early 80's. Everett had some on the books back in the early 70's.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Perhaps 1983, with revisions being made in in '85 and '94 (though I can't really tell from the hieroglyphics there whether .290 itself was revised at those times, or whether the general notion of severability was addressed in a way that affected it.)

    See the dates at the bottom: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290

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    Criminals who can't legally own firearms commit crimes, not law-abiding citizens who have concealed weapons permits.

    Upon reading this I was compelled toshout "NO $h!T" and my wife started wondering what I was talking about.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    kparker wrote:
    Perhaps 1983, with revisions being made in in '85 and '94 (though I can't really tell from the hieroglyphics there whether .290 itself was revised at those times, or whether the general notion of severability was addressed in a way that affected it.)

    See the dates at the bottom: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290
    Maybe it was 83 but for some reason I remember it being later than that.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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