Yakima County moving toward compliance with State Preemption

I have been working with one of the Commissioners for the past few months and things are moving along to correct 3 ordinances that violate State Preemption.
I do not have a draft of what wording they are changing but do to the comment of repealing the ordinance on prohibiting promoters from allowing firearms on the premises during events, it seems pretty positive.

I will be there to ensure the changes are in compliance with State Law though.

Yakima City Codes were brought into compliance fall 2009.

I will be looking at Union Gap and Selah as they both have a couple of issues on firearms.


They are modifying these two ordinances

They are repealing this one.

For those who are interested Tuesday July, 20 at 10:30 in the Yakima City Council Chambers there will be a public hearing;

Here is a copy of the Draft
Note the red lettering is proposed to be removed from the ordinance.


AN ORDINANCE RELATING TO THE POSSESSION OF FIREARMS IN COUNTY PARKS,
AT OUTDOOR FESTIVALS, AND AT OTHER OCCASIONAL AMUSEMENTS,
SPORTING EVENTS, OR SHOWS; AMENDING YAKIMA COUNTY CODE 8.10.170,
11.40.500; REPEALING YAKIMA COUNTY CODE 5.16.090

WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulation within the boundaries of the state; and,

WHEREAS, RCW 9.41.290 further provides that counties 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 Chapter 9.41 RCW; and,

WHEREAS, it is come to the attention of the Board of Yakima County Commissioners
that certain provisions of the Yakima County Code prohibiting the possession of firearms in
county parks, at outdoor festivals, and at circuses, carnivals, rodeos, animal shows and rides, and
other occasional amusements, sporting events, or shows are inconsistent with the state statutes
cited above; and,

WHEREAS, the Board finds it is appropriate amend or repeal the sections of the County
Code that are inconsistent with the state’s statutory scheme of preemption; now, therefore,
BE IT ORDAINED, by the Board of Yakima County Commissioners as follows:

Section 1:
Yakima County Code 8.10.170 is hereby amended to read as follows:
8.10.170 Firearms – Penalty
(1) It is unlawful for any person, except law enforcement officers, to carry, transport
or convey, or to have in his possession or under his control, any firearm while on the site of an
outdoor music festival, as defined and regulated by Chapter 70.108 RCW.
(2) Any person violating the provisions of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not less that one
hundred dollar and not more than two hundred one thousand dollars or by imprisonment in the
county jail for at least ten days and not more than ninety days or by both such fine and
imprisonment.

Section 2:
Yakima County Code 11.04.500 is hereby amended to read as follows:

11.04.500 Firearms
No person shall possess a firearm with a cartridge in any portion of the mechanism;
nor shall an person discharge across, in, or into any Yakima County park area a firearm,
bow and arrow, or air or gas operated weapon, or any device capable of injuring or killing
any person or animal, or damaging or destroying any public or private property, except
where the department for good cause has authorized a special recreational firearm activity
upon finding that it is not consistent with Yakima County park use and such use is
confined to a designated area so posted for such use.

Section 3:
Yakima County Code 5.16.090 is hereby repealed.

Section 4:
Effective Date (Note this is a Draft and not final as of yet)
This ordinance shall be effective immediately upon adoption by the Board of County
Commissioners.
Adopted this ______ day of May 2010.
Attest:
Christina S. Steiner, Clerk of the Board
BOARD OF YAKIMA COUNTY
COMMISSIONERS
Michael D. Leita, Chairman
Kevin J. Bouchey, Commissioner
J. Rand Elliott, Commissioner
Constituting the Board of County
Commissioners
for Yakima County, Washington

Sunnyside also has an ordinance banning firearms in city parks.

"11.04.500 Firearms
No person shall possess a firearm with a cartridge in any portion of the mechanism;"

That's still more restrictive than state law, since state law does not restrict whether a gun can be loaded or not, except in RCW 9.41.050

G22Paddy said:

"11.04.500 Firearms
No person shall possess a firearm with a cartridge in any portion of the mechanism;"

That's still more restrictive than state law, since state law does not restrict whether a gun can be loaded or not, except in RCW 9.41.050

Click to expand...

Paddy it states above that this is not a final draft and that the parts in red are being considered for being dropped from the final draft...

Just in case you didnt see that earlier...