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Thread: University Place

  1. #1
    Regular Member sempercarry's Avatar
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    Oct 2008

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    Well.....looks like UP is following through with their reply to my letter. All the signs that prohibited guns in the local parks are gone.:celebrate

    Original letter and response:

    Dear City Attorney of University Place:

    I would like to bring to the city’s attention University Place Municipal
    Code:15.05.060, section E. Recreational Activities, number (2) Firearms,
    and its violation of Washington State Law. Currently University Place
    Municipal Code 15.05.060 is worded: “No person shall use, carry, or possess
    firearms of any description, or air rifles, spring guns, bow and arrows,
    slings or any other forms of weapons potentially inimical to wildlife and
    dangerous to human safety, or any instrument that can be loaded with and
    fire blank cartridges, or any kind of trapping device. Shooting into park
    areas from beyond park boundaries is forbidden.” University Place Municipal
    Code 15.05.060 is in clear 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    preempted and repealed, regardless of the nature of the code, charter, or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.” This RCW is
    in referance to firearms laws. The whole RCW can be found here University Place
    Municipal Code 15.05.060 is inconsistent and more restrictive then RCW
    9.41.300 when it states: “No person shall use, carry, or possess firearms
    of any description”. There is no exemption in RCW 9.41.300 that stats a
    city can restrict the right to carry a firearm onto the grounds of a
    public park. Under RCW 9.41.290, University Place Municipal Code 15.05.060
    is preempted and repealed.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 advise the city council and Manager to remove or revise
    the referenced code in 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. These ordnances are posted at Cirque park and the
    Grandview Chambers bay walkway. I look forward to hearing back from you
    about this issue.



    I am sorry for the delay in responding. Thank you for bringing the code
    refernced below to our attention. I have complete my review and will be
    drafting for Council consideration an amendment to our municipal code that
    removes the preempted provisions and regulates within the confines allowed
    by RCW 9.41.300. In the interim, I have contacted the City's police
    department to limit enforcement of these provisions until the new code is

    Thank you for contacting us in this matter

  2. #2
    Regular Member sudden valley gunner's Avatar
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    Dec 2008
    Whatcom County

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    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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