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Thread: Spokane OC picnic at a park.

  1. #1
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    After reading the posts from the west side it appears they are having way too much fun.

    We talked about having a picnic, at a park, at the last lunch/meeting. First, I need some input from the the Spokane contingent. Let me know.

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    Pick a date and a Park, if I am in town I'll be there.



    Orphan
    Throw me to the wolves and I will come back leading the pack.

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    I work every other weekend, so that gives me a 50-50 chance of being able to attend.

    I think it is a great idea. We have a lot of parks around town.

    bob





  4. #4
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    I'm in! just let me know a date.... although this would be my first OC experience. kinda nervous about that. (i know I know...)

  5. #5
    Regular Member bennie1986's Avatar
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    Well yesterday i would have said thats a great idea. However, today 7/30/09 i was at manito park on spokanes south hill with my wife and kid and when i exited the park i was manhandled by the SPD and issued a $513 ticket for having a gun in the park. The most messed up thing was that i asked the cop where i could find the law on that and they told me that they didnt have to tell me that. Also the cop told me that because i have a CPL that my i lost my rights to open carry, which he later he sort of recanted after speaking with his supervisor. So please save yourselfs $500 and dont take you gun to the park as this is a misdemeanor under Spokane Municipal Code 10.10.040.

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    Sounds like the park dept. needs to have the world of reality brought to their attention.

    http://www.spokanecity.org/services/...tion=10.10.040



  7. #7
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    You might want to take a minnute and read the RCW's. Then have your attorney file a claim against the PD.

    Their "law" is in violation of RCW 9.41.290.

  8. #8
    Regular Member bennie1986's Avatar
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    Does anyone know of a lawyer that deals with this sort of stuff.

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    That muni code is not in violation. It does not allow the shooting of a firearm or possession of a dangerous weapon. They are allowed under state law to regulated the discharge of a firearm where there is great likelihood of injury to humans. A dangerous weapon as defined by RCW 9.41 is not a firearm. They each have their own definition separate from one another.

    The officer simply applied the law incorrectly. This is obviously a severe training issue as he has violated your 4th amendment rights by detaining you and issuing the citation. He had no RAS for the stop and had no PC for the citation, plain and simple.
    "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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    Bennie, this is a big enough deal that you need to start a new topic. You'll get a lot more advice and I'm sure some lawyers will pop up. SPD and Spokane have clearly violated state preemption. It should be a fairly quick and simple legal battle.

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    Brad Cowin wrote:
    Bennie, this is a big enough deal that you need to start a new topic. You'll get a lot more advice and I'm sure some lawyers will pop up. SPD and Spokane have clearly violated state preemption. It should be a fairly quick and simple legal battle.
    No they have not violated pre emption. This is a case of a mis application of a municipal code that is in compliance with pre emption.
    "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

  12. #12
    Regular Member bennie1986's Avatar
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    Wow! I really had no idea this was such a big deal. Thank you all for your support! I have now reviewed the RCW's in regards to this issue and clearly i have been wronged. I will start a new topic again thank you all for your support!

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    holy **** what a catastrophe! well I think this is all the more reason we should all meet for an OC day in a park cause I would like to haveg my first time be around those a tad more knowledgeable...

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    joeroket wrote:
    Brad Cowin wrote:
    Bennie, this is a big enough deal that you need to start a new topic. You'll get a lot more advice and I'm sure some lawyers will pop up. SPD and Spokane have clearly violated state preemption. It should be a fairly quick and simple legal battle.
    No they have not violated pre emption. This is a case of a mis application of a municipal code that is in compliance with pre emption.
    Yup. I read "i was manhandled by the SPD and issued a $513 ticket for having a gun in the park." and posted a little prematurely.

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    joeroket wrote:
    That muni code is not in violation. It does not allow the shooting of a firearm or possession of a dangerous weapon. They are allowed under state law to regulated the discharge of a firearm where there is great likelihood of injury to humans. A dangerous weapon as defined by RCW 9.41 is not a firearm. They each have their own definition separate from one another.

    The officer simply applied the law incorrectly. This is obviously a severe training issue as he has violated your 4th amendment rights by detaining you and issuing the citation. He had no RAS for the stop and had no PC for the citation, plain and simple.
    You are correct, I did not read for content, but simply scanned the code. My Bad.

  16. #16
    Regular Member iyellatmytv's Avatar
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    Well, after Bennie's encounter with the SPD, I think the question of 'which park?' has been answered, LOL.

    Now we need a date and time- the sooner the better. How about next Saturday, the 8th, around noon?

    I'd really like the chance to meet some other Spokane OCer's, as I've had to miss the last two luncheons.

  17. #17
    Regular Member bennie1986's Avatar
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    My wife works Saturdays so Sundays would be better for us.

  18. #18
    Regular Member iyellatmytv's Avatar
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    Sundays fine, although we may want to make it a little later (for those who attend church in the morning) say 13:00?



  19. #19
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    Sweet.

  20. #20
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    Sounds good to me. Saturday works better but I'm down. I also think we should have it at manito and. Based on the amt of participants we should advise the media and reference bennies incident. My $0.02

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