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Thread: Spokane Municipal Code 10.10.050

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    Spokane Code 10.10.050 seems to be in direct violation of the state peremption it states no guns even if you have a CWP. Anyone have any experiance with the City of Spokane and carring in the Convention Center.The Tea Party is goping to be there tomorrow and I was going to CC.



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    If the city operates the facilities then the ordinance is within their authority. They do not have to state that the restriction does not apply to a CPL holder, they just cannot enforce it upon one.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Joerocket

    The problem is thatthe City of Spokanestates that no guns even with a CWP. RCW 9.41.300 (2) b i statesany pistol in the possession of a person licensed under RCW 9.41.070 is exempt. State preemption should over rule.

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    The Spokane ordinance does not state that guns are restricted even with a CPL. It just does not list the exception that it does not apply to CPL holders.

    .300 states that the ordinance shall not apply to a person licensed to carry a concealed pistol. Nowhere does it state that the exception must be part of the local ordinance, just that it shall not apply to a CPL licensee.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    When the NRA had their convention in Seattle at the Convention Center I parked for free down by the Coast Guard station and walked to the Convention Center. When I walked into the lobby I was greeted by a sign that said "NO Weapons Allowed". Long story short, Christine Gregoire, then AG, was called. She told them they had to allow me entrance with my concealed pistol.

    As far as I know the Convention Center is run by the government. It sounds as if the Spokane facility is too. My understanding is that exceptions to the above occur when the facility is managed by a private company, like Seahawk Stadium.

    MD

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    MachoDuck

    I think that Spokane probably knows better and just posts it that wayin the hopethat CCers will not carry. Thanks for the responce.



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    Regular Member Machoduck's Avatar
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    Orphan, I believe that you're correct about their motives. I think it's despicable but there it is.

    MD

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    Regular Member FMCDH's Avatar
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    Orphan wrote:
    MachoDuck

    I think that Spokane probably knows better and just posts it that wayin the hopethat CCers will not carry. Thanks for the responce.
    Yep, hit the nail on the head. :?

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    Orphan wrote:
    Joerocket

    The problem is thatthe City of Spokanestates that no guns even with a CWP. RCW 9.41.300 (2) b i statesany pistol in the possession of a person licensed under RCW 9.41.070 is exempt. State preemption should over rule.

    Orphan
    Yeah, I love how 9.41.300 doesn't actually state that you can't open carry either. It says simply that you have to have a CPL, not that you actually have to be CC'ing your pistol.



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    Machoduck wrote:
    When the NRA had their convention in Seattle at the Convention Center I parked for free down by the Coast Guard station and walked to the Convention Center. When I walked into the lobby I was greeted by a sign that said "NO Weapons Allowed". Long story short, Christine Gregoire, then AG, was called. She told them they had to allow me entrance with my concealed pistol.

    As far as I know the Convention Center is run by the government. It sounds as if the Spokane facility is too. My understanding is that exceptions to the above occur when the facility is managed by a private company, like Seahawk Stadium.

    MD
    Gregoire eh? I can't put my finger on her. How pro/anti is she anyway?

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    Well to put your curiosity to rest I oc'd at our tea party in spokane. Wasn't going to originally but it was warmer than they said it would be. Anyway not a word from any active leo's. There was a guy that said he was a retired state leo from another state but we had a good conversation and he walked away educated. Oc'd the entire time w/o incident.

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    Tacmedic911



    I was standing right behind the two of you the whole time. Good job.



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    I meant to tell you thanks for watching our backs, I knew we weren't alone but its always nice to know someones got your back.

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    Regular Member Machoduck's Avatar
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    "Gregoire eh? I can't put my finger on her. How pro/anti is she anyway?"

    Christine Gregoire is our illustrious Democrat governor who beat hear Republican opponent by so few votes and with so many recounts that some say her name should be pronounced "Fraud-you-are." She's an anti but not virulently so. Her main theme appears to be the creation of huge deficits in state finance.

    MD

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    No thanks needed, I'll cover yourback anytime, besides it was entertaining to say the least.


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    arentol wrote:
    Orphan wrote:
    Joerocket

    The problem is thatthe City of Spokanestates that no guns even with a CWP. RCW 9.41.300 (2) b i statesany pistol in the possession of a person licensed under RCW 9.41.070 is exempt. State preemption should over rule.

    Orphan
    Yeah, I love how 9.41.300 doesn't actually state that you can't open carry either. It says simply that you have to have a CPL, not that you actually have to be CC'ing your pistol.

    Yea, that is the most annoying thing to me. It makes people believe that you must conceal because after all you do have a CPL.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    arentol wrote:
    Orphan wrote:
    Joerocket

    The problem is thatthe City of Spokanestates that no guns even with a CWP. RCW 9.41.300 (2) b i statesany pistol in the possession of a person licensed under RCW 9.41.070 is exempt. State preemption should over rule.

    Orphan
    Yeah, I love how 9.41.300 doesn't actually state that you can't open carry either. It says simply that you have to have a CPL, not that you actually have to be CC'ing your pistol.

    Sounds like someone will have to challenge that by becoming a test case. State preemption should win out in a court, especially if appealed to the state level.

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    Interesting...here is the info from the Spokane Convention Center:
    "Weapons and Concealed Handguns
    In accordance with provisions of Municipal Code 10.10.050, it is the policy of the Spokane Convention Center that handguns and other weapons are strictly prohibited in Spokane Convention Center. Individuals who fail to comply with this prohibition or otherwise violate penal laws with respect to carrying a handgun or other weapon are subject to immediate arrest and prosecution. This prohibition applies to all persons including concealed handgun Licensees, with the exception of licensed law enforcement officers."
    They specifically mention concealed handguns...oh well.

    BTW, it was nice to see people OCing at the TEA party, sorta give me hope.




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    Orphan, This is what surf and I have been addressing here in Spokane for the past year. The city attorney and police are fully aware of state preemption. They (the city) know we are well within our rights as to where we can OC. It is clear the city is not going to voluntarily change the codes. Talking with a council member I was told a law suit is what it is going to take to get the city to change the codes.

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    Dr. Fresh wrote:
    Gregoire eh? I can't put my finger on her. How pro/anti is she anyway?
    Here is a neat little page that gives a good rundown of how your reps are voting and have voted. There is a link at the top of the chart for Gregoire.

    http://capwiz.com/gunowners/official...&submit=go

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    fetch wrote:
    Orphan, This is what surf and I have been addressing here in Spokane for the past year. The city attorney and police are fully aware of state preemption. They (the city) know we are well within our rights as to where we can OC. It is clear the city is not going to voluntarily change the codes. Talking with a council member I was told a law suit is what it is going to take to get the city to change the codes.
    I can confirm this, as I was present with the City Attorney's office and the Police Training Coordinator when it was discussed.

    I was also pretty much told the same thing from my city council rep as well.......

    I am glad to hear that you guys OC'ed the tea Party. i wish I could have been at home, I would have been right there with ya!

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    What a bunch of clowns. I hope their Officers are smarter than they are.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    How does the city prosecutor play into the enforcement of preempted codes?

    If he refuses to prosecute, doesn't that make the code, for all intents and purposes, invalid.

    You could still be "talked" to by the police, removed from the area under their idea of what is right, but isn't that as far as it will go?

    I know even that happening is inappropriate, I am just wondering about the posecution part.

    bob









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    It sounds like the city wants to keep the law on the books in an attempt to give the officers an offense to arrest for violating therefore giving the police "qualified immunity". Just my guess because i see no other reason to keep a code on the books that they know is not prosecutable.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    joeroket wrote:
    It sounds like the city wants to keep the law on the books in an attempt to give the officers an offense to arrest for violating therefore giving the police "qualified immunity". Just my guess because i see no other reason to keep a code on the books that they know is not prosecutable.
    Keep copies of any and all correspondence with the city and the city attorney regarding this issue. Get tapes of all conversations and each city council meeting in which you bring it up.

    At that point, if anyone is arrested for violating this municipal code they would have a good case for arguing that the police no longer have "qualified immunity" because they were notified on numerous occasions that the code in question was illegal. You would then have a pretty decent civil rights lawsuit on your hands.

    I would also attend a few council meetings and ask to be put on the agenda. Bring up things like 42USC1983 and the possible liability of the city for false arrest, etc.

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