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Spokane Municipal Code 10.10.050

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Jeff Hayes

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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.



Orphan
 
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joeroket

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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.
 
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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.

Orphan
 
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joeroket

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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.
 
Machoduck

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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.



Orphan
 
FMCDH

FMCDH

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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.
Click to expand...
Yep, hit the nail on the head. :?
 
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arentol

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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
Click to expand...
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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Dr. Fresh

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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
Click to expand...
Gregoire eh? I can't put my finger on her. How pro/anti is she anyway?
 
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tacmedic911

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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.
 
Machoduck

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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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Jeff Hayes

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

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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
Click to expand...
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.
Click to expand...
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.
 
compmanio365

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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
Click to expand...
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.
Click to expand...
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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Gray2Hairs

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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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fetch

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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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