From: Gary Simpson To: Cam Mandeville; Clinton Bergeron CC: all Patrol Its' (Cam-John-John); All Patrol Sergeants; Michael Shannon
Date: 7/9/2008 3:24 PM
Subject: Firearms "open carry" Sunday July 13th???
While I only have limited information, I believe you need to be as fully aware of a potential situation which may occur this weekend. A group advocating the ability to carry firearms openly in public is starting to become active in the Kitsap County area. They advocate that it is a citizen's right to carry a firearm openly on their person in public. Confrontations with this group in other parts of the country have occurred, and courts decisions have come about because of them. The most recent court opinion supports this right. We have received clarification from our Prosecutor's Office as to our response to complaints regarding this issue in county facilities, specifically county parks. Seme police departments have suggested that these groups want a physical confrontation with Saw enforcement, while some of the interviews and web site information indicate the groups don't want trouble. Since we have not had an opportunity to visit with them about it, we really don't know what their attitudes towards local law enforcement are. I suggest that you take time to review the web site http://www.opencarry.org
and read some of the discussions, and view the interviews. The section titled 'Our Forum' has a section at the bottom for Washington, which you may find interesting. The discussions will give you an idea of the group's interests and ideas about open carry laws and restrictions throughout the country. The local group is planning on a picnic to be held this weekend, possibly at the Long Lake County Park on Sunday. The group is expected to be carrying firearms in an 'open carry' fashion, which I expected will cause some concerns from the general public. We expect that if this occurs, we will be receiving 911 calls from citizens, expecting law enforcement to respond. Carrying or displaying a weapon in an open carry fashion is legal, even in light of the fact there is a county ordinance prohibiting this. The county ordinance is not enforceable. We will not confront or take any law enforcement action regarding people (adults) who display weapons in an 'open carry' manner. However, it should be noted that while it is legal to carry firearms in the public this way, it is not legal to be intoxicated or drinking while doing so, practicing quick draw actions, pointing them at people or in a dangerous manner, shooting or any actions which are dangerous to the public. Concealing a firearm without a CPL is also illegal. Open carry is OK, concealing it requires a CPL.
Info from Claire Bradley for the Prosecutors's Office:
I read Jackie's memo from last September wherein she outlined her conclusion that prohibiting firearms in the county parks violates RCW 9.41.290 and .300. Fve looked at the Code and done some very cursory research myself. I obviously agree with Jackie-- cant arrest for possessing a firearm in the county park. However, certain other Kitsap Code provision as well as state and federal laws still apply. 1. Discharge of any weapon in the park is crime that we will prosecute. 2. Obviously, these people must comply with all concealed weapons permits and carry the weapons In a manner consistent with state law).
In light of this expected picnic, for those deputies assigned to work the south end, I ask that patrol checks are done throughout the day to see if this group is in fact having a picnic. If they are, advise CenCom and the supervisors of it. Please see that the line deputies take the time to stop and visit with the group to see what they are doing, what they are trying to accomplish and become familiar with what is occurring at the time. This is not to suggest anyone becomes confrontational or engage in any kind of Second Amendment Rights argument. If possible, and if the persons are willing, please solicit the groups contact information so we can discuss further actions of this nature with them (or a spokesman). We have already attempted to obtain an email dialog with one person, and no response has occurred. We do not want to engage in confrontational actions with them, but to understand their concerns, while upholding the rights of all people and groups. In the event the group does gather at a park and 911 calls are received, also take the time to explain to the callers who might be present that the actions being taken by 'open carry' individuals is legal. -----------------------------------------------------------
From: Cam Mandevilte To: Bob Millard; Clinton Bergeron; Jim Porter; Jim White; Jon Brossel; ... CC: Gary Simpson; John Gese; John Sprague
Date: 7/9/2008 4:46 PM
Subject: Fwd: Firearms "open carry" Sunday July 13th???
Attachments: Firearms "open carry" Sunday July 13th???
Shift Supervisors— I have placed a hard copy of the Prosecutor's Office opinion on restricting the open carrying of firearms in County Parks in each of your mailboxes. In a nutshell, State Law prohibits this restriction. Firearms are allowed in County Parks by State Law. Please read the document that I have left in your boxes and share the information with your people. Thanks for your immediate attention to this matter. CamM. #9 -----------------------------------------------------------------