Trespassed from Hogs and Dogs in West Richland

amzbrady said:

I wish I had the money to fight, I certainly have the time.

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SaintJacque said:

Me, too. I always have one or the other, but rarely both. I need to win the lotto.

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daddy4count said:

Sometimes I wonder if an OC parade isn't in order... in one of these not-so-friendly municipalities

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Washintonian_For_Liberty said:

That is EXACTLY what is in order....

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daddy4count said:

Sometimes I wonder if an OC parade isn't in order... in one of these not-so-friendly municipalities

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amlevin said:

Be careful here. An organized group parading with weapons might be viewed by narrow minded legal authorities as a "private militia" which specifically is not allowed by Sec. 1, Art. 24. It won't be a case of what YOU think it is, it will be a case of wnat THEY think it is. Best if things were kept "unorganized" and it's just a bunch of people that just happened to be in the same place, at the same time, and just happen to be legally carrying firearms. For this, I would leave the cammo and par-police type uniform look-alike clothes home.

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RCW 38.40.120
Authorized military organizations.
No organized body other than the recognized militia organizations of this state, armed forces of the United States, students of educational institutions where military science is a prescribed part of the course of instruction or bona fide veterans organizations shall associate themselves together as a military company or organize or parade in public with firearms: PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia of another state or armed forces of foreign countries. Any person participating in any such unauthorized organization shall be guilty of a misdemeanor.

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ak56 said:

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Jayd1981 said:

I am not a lawyer, but I did stay at a Holiday Inn once.

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Jayd1981 said:

Thought I'd update you guys with my efforts so far. I have written both the city council and the mayor, but none of them have responded back. Yesterday I sent off an email to my state senator and reps, so we'll see if they are any more responsive.

I have the police reports now and they are justifying forcing me to leave with ordinance 12.12.030 (the one in question here). There is no mention of me doing anything with my pistol to justify their alarm, nor is there any mention of a single complaint from the public about me. If it does take a lawsuit to bring about change, I'm thinking my case looks pretty good (I am not a lawyer, but I did stay at a Holiday Inn once).

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9.36.010 Carrying or concealing dangerous weapons prohibited.

A. It is unlawful for any person to carry or wear concealed upon his person, or concealed in any vehicle, a weapon, consisting of either a pistol, revolver, or other firearm, or any knife the blade of which is in excess of four inches, or any other dangerous weapon or instrument which is commonly used to inflict injury upon the person of another. For the purpose of this section, “pistol, revolver, or other firearm” means and includes all weapons capable of discharging a projectile by means of compressed air, chemical, combustion, black powder, or otherwise, and having a barrel less than 12 inches in length.
B. This section shall not apply to peace officers or other persons authorized by law or licensed by an authorized official to carry such concealed weapons. [Ord. 251 § 1.26.010, 1977].

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9.36.012 Deadly weapons in alcoholic beverage establishments – Prohibited.

A. It is unlawful for any person to carry or possess any deadly weapon while present as a customer or consumer of liquor or other alcoholic beverages in any place or establishment where liquor or other alcoholic beverages are dispensed by the drink or sold for consumption on the premises.
B. For the purposes of this section, “deadly weapon” shall mean any revolver, pistol, handgun, rifle, shotgun, firearm or other weapon capable of discharging a projectile by means of compressed air, chemical combustion or otherwise, or any knife or other cutting or stabbing instrument with a blade which is four or more inches in length.
C. The provisions of subsection A of this section shall not apply to, nor affect, any person who, by virtue of his office or public employment, is vested by law with a duty to preserve public safety, maintain public order or to make arrests for offenses while in the performance of such duty. [Ord. 473 § 1, 1982].

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9.36.015 Exemption from RCW 9.41.050.

The prohibitions set forth in RCW 9.41.050(4) as presently enacted or hereafter amended shall not apply within the city of West Richland. This exemption is enacted pursuant to the provisions of RCW 9.41.050(6). [Ord. 70-94 § 1, 1994].

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12.12.030 Park property – Regulation of use.

A. It is unlawful for any person, except for city employees and other city-authorized persons in the performance of their duties, or pursuant to a special use permit issued by the mayor or the city administrator, to violate any of the following rules and regulations, which shall apply to all public parks throughout the city of West Richland:
2. There shall be no possession of firearms in the park, including air rifles and pellet guns.

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Washington State Constitution
ARTICLE 1 SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

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9.41.290 State preemption.
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.

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9.41.300 Weapons prohibited in certain places -- Local laws and ordinances -- Exceptions -- Penalty.

(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.

(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.

(5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

(6) Subsection (1) of this section does not apply to:

(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(b) Law enforcement personnel, except that subsection (1)(b) of this section does apply to a law enforcement officer who is present at a courthouse building as a party to an action under chapter 10.14, 10.99, or 26.50 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 26.50.010; or

(c) Security personnel while engaged in official duties.

(7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

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AGO OPINION 2008 NO.8
The answer to your question is no. RCW 9.41.290 “fully occupies and preempts
the entire field of firearms regulation” and preempts a city’s authority to adopt firearms
laws or regulations of application to the general public, unless specifically authorized by
state law. Accordingly, 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.

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Washington State Supreme Court Ruling this year rules that the 2nd Amendment applied to the State through the 14th and now with SCOTUS in the McDonald v Chicago case.
Note our Washington State Constitution has stronger wording making it an individual right to bear arms.

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amzbrady said:

+1 I've always worked mass overtime and made good money, then wind up going broke on vacations. I've never had a problem finding a job, till we moved out here.

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Jayd1981 said:

Well I have recieved an email from the Senator for this area requesting a week for him to research current case law (I also sent him the info I had that has been passed along in here, thanks again for that guys) and from a Representative suggesting I contact the lawyers who fought for the Chan case.

While I never carried with the intentions of becoming an activist, it seems I have been put in the situation to either stand up for what I believe in or stay silent and allow things to continue the way they are. Unfortunately I do not have the time or funds I would like, but this is not something I can not just ignore. I will continue to pursue this issue to best of my ability. You guys are really great for the help you've provided so far and the help passed along in PM's.

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