I need to work on Kitsap County Code

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Looks like I need to work on Kitsap County. Their code is in violation of State Law.
Kitsap County Code
10.12.080 Firearms in parks.*
It is unlawful to shoot, fire or explode any firearm, firecracker, fireworks, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, BB gun, bow and arrow or use any slingshot in any park, except the park director may authorize archery, slinging, fireworks and firing of small bore arms at designated times and places suitable for their use.
(Ord. 6 (1971) § 8, 1971)

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Now, does anyone have a good form letter I could use and who would I contact for a county?

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Let me know if you need any help...

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Well, I'm trying to come up with a way to politely tell them to fix their code.

I figured out who to contact and what the address is, now I'm just trying to write up something nice.

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Sirpuma

This has already been addressed last August with our Kitsap OC picnic. They are aware and have not made the change. I have a copy of the email sent to the deputies adising them that the signs are wrong and to NOT take action based on simply OC.

Ajetpilot had been working on the commissioners for over a year about the sign on the admin building door. If you want a project, PM ajetpilot for additional information.

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Heres what Isent to Snohomishfor the same:

Dear Councilmember XXXXX,
I would like to bring to your attention Snohomish County Code Title 22
PARK CODE 22.16.090 Weapons and Fireworks, it states "No person shall
possess or discharge any firearm, bow and arrow, air or gas weapon,
slingshot, fireworks or explosive in any county park except at times and
in areas specifically designated by the parks division and posted for
such use."
[/i]While County Code 22.16.090 restricting the discharge of firearms is
consistent with RCW 9.41.300 (2)(a), not allowing the possession
violates RCW 9.41.290 State Preemption, RCW 9,41.300 (2)(a), individual
right to bear arms in defense of self and others, and RCW 9.41.060
exception to allowing lawful outdoor activities.
I trust the failure to allow possession in county parks by those who
legally posses and carry firearms under State Law is merely an
oversight. I ask that Snohomish County Council revise 22.16.090 to fall
in line with Washington State Codes. Councilmember please provide me with a reasonable time period necessary to enact revision. I appreciate your assistance in this matter and look forward to hearing from.

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Here is the one I used for University Place....

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

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Trigger Dr wrote:

Sirpuma

This has already been addressed last August with our Kitsap OC picnic. They are aware and have not made the change. I have a copy of the email sent to the deputies adising them that the signs are wrong and to NOT take action based on simply OC.

Ajetpilot had been working on the commissioners for over a year about the sign on the admin building door. If you want a project, PM ajetpilot for additional information.

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They haven't changed the ordinance either. Their website still shows the law prohibiting firearms from parks.

I'll send them my letter anyway, perhaps if enough of us do so, they'll fix their ordinance.

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I tried for over 18 months. I attended many Commissioner's meetings, spoke on the record, and still could not get them to change the parks code. The lone Republican on the Board of Commissioners was elected to the state legislature, and now there are just a bunch antis on the board. Good luck!

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That's why I said if we get enough people to pester them, they'll fix it. Perhaps we could also send letters to the AG.

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I applaud your desire to change the Kitsap County Parks Code. To get you up to speed, I recommend you read the following threads. These will give you lots of background information.

http://opencarry.mywowbb.com/forum55/6202.html

http://opencarry.mywowbb.com/forum55/6603.html

This one will tell you all about the picnic we had in Long Lake Park with members of the sheriff's office in attendance. They know that the firearms prohibition is unenforceable:

http://opencarry.mywowbb.com/forum55/11576-1.html

Again, good luck. If you want company should you decide to attend a Commissioner's meeting, let me know. I'm available almost all the time.

Bruce

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Ajetpilot wrote:

I applaud your desire to change the Kitsap County Parks Code. To get you up to speed, I recommend you read the following threads. These will give you lots of background information.

http://opencarry.mywowbb.com/forum55/6202.html

http://opencarry.mywowbb.com/forum55/6603.html

This one will tell you all about the picnic we had in Long Lake Park with members of the sheriff's office in attendance. They know that the firearms prohibition is unenforceable:

http://opencarry.mywowbb.com/forum55/11576-1.html

Again, good luck. If you want company should you decide to attend a Commissioner's meeting, let me know. I'm available almost all the time.

Bruce

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Awesome, thanks. There's no sense in them having a code that is illegal and unenforceable. They should be made to change it. It's these codes and the legislators that write them that are trying to make it so that the general populous is against gun owners.

Today I OCed over to Lowe's and the dump. Not even a second look. Felt good after getting tons of looks in Seattle.

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If I remember correctly Bremerton changed their code to align it with state law awhile back. I'm sure with enough pressure, the county will do the same.

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Just ignore it until someone gives you trouble. Then BAM! you have their attention.

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Dr. Fresh wrote:

Just ignore it until someone gives you trouble. Then BAM! you have their attention.

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If it were me in my area I'd rather not ignore it until. Effectively that gives the county a free bite at the apple (your arrest) as the officer that arrests you gets off for "just following the law" when he deprives you have your civil liberties.

If you can prove that they (from the top on down to the officers) were on sufficient notice that the regulation/law/rule (whatever it is in your particular jurisdiction) is unlawful you are much more likely to be able to hit them in the pocket book in your civil rights claim.

-adamsesq

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Trigger Dr, I and probably some others on the board have all the email messages from the Under-sheriff, to the supervisors on duty during our OCDO picnic in a Kitsap County park last summer, saying exactly that. The deputies have been told not to enforce the county prohibition against carrying in county parks.

About two months ago, I chatted with a deputy in a park about another matter. I was OC at the time. He never even mentioned my Kimber.

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The following is a direct quote from the directive to the Sheriff Deputies.

"We have received clarification from our prosecutor's office as to out response to complaints regarding this issue in county facilities, specifically county parks." ( emphasis added)

Facilities would in county include ALL county property with the provisions provided by RCW.

They know, but do not want to comply, It would appear that their prejudice carries more weight than law.

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I am currently drafting a letter to the commissioners spelling out a few of their errors in thought and judgement. I will post a copy for chop before it is sent.

Jim

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Trigger Dr wrote:

The following is a direct quote from the directive to the Sheriff Deputies.

"We have received clarification from our prosecutor's office as to out response to complaints regarding this issue in county facilities, specifically county parks." ( emphasis added)

Facilities would in county include ALL county property with the provisions provided by RCW.

They know, but do not want to comply, It would appear that their prejudice carries more weight than law.

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And what exactly is their response to complaints after the clarification?

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Joerocket, They have not made a response other than ignoring the issue.

I will quote from the FOIA document. They did not specify "facilities" in this portion of the document. The spelling and punctuation is exactly as written in the FOIA document.

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. I've looked at the Code and done some very cursory research myself.

I obviously agree with Jackie-- can't 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(s).

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I have been pursuing Bothell's and Lake Forest Park's municipal codes regarding firearms in parks, and although their police departments and the King County Sheriffs know that the MCs are un-enforceable, i have basically been stone walled by both city's attorneys with responses to the effect that they are waiting to see what comes of the Seattle situation.

I fear there are a lot of cities that are doing exactly the same at the moment. Remind them we are watching and haven't forgotten them, but don't hold your breath for change in this current political climate of "wait and see". :?