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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
City gun ordinance broke state law
City gun ordinance broke state law
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