sempercarry
Regular Member
imported post
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preempted and repealed, regardless of the nature of the code, charter, or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
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290 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is preempted and repealed.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.
Sincerely,
Jonathon
Response:
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
adopted.
Thank you for contacting us in this matter
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
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290 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.
Sincerely,
Jonathon
Response:
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
adopted.
Thank you for contacting us in this matter
