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fire arms in public parks?

E

erich_kopp

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Jun 28, 2008
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, Washington, USA
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I know this toppic has been up before but I can't find the law and where it is here on OCDO. what is the RCW for firearms in a park I have been OC'ing in the parks of Yakima and the signs state no firearms allowed, and people ask me for where it states that I can carry, a little help!
 
K

kenshin

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Gig Harbor, Washington, USA
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Laws only tell you what you cannot do, everything else is legal. There's no law that says it illegal to carry a gun in a park, and so it is legal.

Correction, there might be a couple city ordinances that say it is illegal, but they are preempted and repealed by RCW 9.41.290 (state preemption).
 
FMCDH

FMCDH

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erich_kopp wrote:
I know this toppic has been up before but I can't find the law and where it is here on OCDO. what is the RCW for firearms in a park I have been OC'ing in the parks of Yakima and the signs state no firearms allowed, and people ask me for where it states that I can carry, a little help!
Click to expand...
Please start in the Washington OC FAQ thread to give you a better base understanding of OC.
http://opencarry.mywowbb.com/forum55/15411.html

Your interpreting the purpose of our legal system backward. You also need to read Washington preemption.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.290
 
gogodawgs

gogodawgs

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deanf wrote:
and people ask me for where it states that I can carry
Click to expand...

A failing of our school system.

We operate under the British Common Law system. All is legal except that which is specifically prohibited by law.
Click to expand...
So I CAN tie my shoes in the morning? There is no law against it correct? Whew, problem solved! <sarcasm off>
 
Bill Starks

Bill Starks

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Chan v Seattle 09-2-39574-8 SEA (Feb 12 2010)

http://forum.nwcdl.org/index.php?action=downloads;sa=downfile;id=54

The Court finds that there is no genuine issue of material fact on which reasonable minds differ. Further the Court concludes that, pursuant to RCW 9.41.270, the City of Seattle's authority to regulate the possession of firearms in City parks and recreation facilities during public use of those facilities is preempted by state law, and therefore Seattle's Deptartment of Parks and Recreation's Rule/Policy Number P060-8.14 (Firearms Rule) violates Washington law and, on that basis is null and void.
 
ak56

ak56

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gogodawgs wrote:
deanf wrote:
and people ask me for where it states that I can carry
Click to expand...

A failing of our school system.

We operate under the British Common Law system. All is legal except that which is specifically prohibited by law.
Click to expand...
So I CAN tie my shoes in the morning? There is no law against it correct? Whew, problem solved! <sarcasm off>
Click to expand...
Yes, but not between 4 & 5 PM on odd numbered tuesdays.:DFWRC 6.75.110
 
BigDave

BigDave

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erich_kopp wrote:
I know this toppic has been up before but I can't find the law and where it is here on OCDO. what is the RCW for firearms in a park I have been OC'ing in the parks of Yakima and the signs state no firearms allowed, and people ask me for where it states that I can carry, a little help!
Click to expand...
erich I just finished dealing with all the firearms issues in the City of Yakima, along with that the Parks Department was to have all the signs replaced that have the no guns signs.

The ordinances have been changed and do not prohibit the carry of firearms in the parks in the city of Yakima.

Here is the new ordinance for the City of Yakima

13.16.120 Firearms prohibited—Throwing prohibited. No person shall throw stones or other missiles in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. 2009-19 §1, 2009: Ord. B-1381, rule 12, 1952).

Note the title they have not changed but you will not find firearm in the ordinance.

erich if you are going to a Yakima County Park or Union Gap they still have some restrictions as in Yakima County Parks their ordinance restricts one from having a round in the chamber in county parks.
The County or City Ordinance still does not supersede State Law.

I recently started addressing the issues of Yakima County with one of the County Commissioners on issues that violate State Preemption and WA State Constitution.
erich if you give the name of the park I would be happy to look into it.
Dave
p.s. oh and that is from an accused anti-gun person that is a suspected troll :shock: :lol:
erich that was not meant for you but a couple of others who know they are.
 
Lammo

Lammo

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BigDave wrote:
erich_kopp wrote:
I know this toppic has been up before but I can't find the law and where it is here on OCDO. what is the RCW for firearms in a park I have been OC'ing in the parks of Yakima and the signs state no firearms allowed, and people ask me for where it states that I can carry, a little help!
Click to expand...
erich I just finished dealing with all the firearms issues in the City of Yakima, along with that the Parks Department was to have all the signs replaced that have the no guns signs.

The ordinances have been changed and do not prohibit the carry of firearms in the parks in the city of Yakima.

Here is the new ordinance for the City of Yakima

13.16.120 Firearms prohibited—Throwing prohibited. No person shall throw stones or other missiles in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. 2009-19 §1, 2009: Ord. B-1381, rule 12, 1952).

Note the title they have not changed but you will not find firearm in the ordinance.

erich if you are going to a Yakima County Park or Union Gap they still have some restrictions as in Yakima County Parks their ordinance restricts one from having a round in the chamber in county parks.
The County or City Ordinance still does not supersede State Law.

I recently started addressing the issues of Yakima County with one of the County Commissioners on issues that violate State Preemption and WA State Constitution.
erich if you give the name of the park I would be happy to look into it.
Dave
p.s. oh and that is from an accused anti-gun person that is a suspected troll :shock: :lol:
erich that was not meant for you but a couple of others who know they are.
Click to expand...
So, we can have missiles in Yakima parks as long as we don't throw them? Sweet. I'm gonna get me a Sidewinder. :)
 
B

Bear 45/70

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May 22, 2007
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Union, Washington, USA
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erich_kopp wrote:
I know this toppic has been up before but I can't find the law and where it is here on OCDO. what is the RCW for firearms in a park I have been OC'ing in the parks of Yakima and the signs state no firearms allowed, and people ask me for where it states that I can carry, a little help!
Click to expand...

Those laws and ordnances are preempted under Washington state law. Look at RCW 9.41.290;

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290




[/b]The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. 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.
 
K

kito109654

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Oct 26, 2009
Messages
533
Location
Sedro, Washington, USA
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kenshin wrote:
Laws only tell you what you cannot do, everything else is legal. There's no law that says it illegal to carry a gun in a park, and so it is legal.

Correction, there might be a couple city ordinances that say it is illegal, but they are preempted and repealed by RCW 9.41.290 (state preemption).
Click to expand...
perfect.
 
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