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Vancouver Parks Code 15.04

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
I know this might sound incredibly lazy, but if someone can find the RCW/specific law saying that we can indeed carry onto park spaces, I'll gladly email whoever I need to. (

It's not a case of "what law allows me to carry", it is a matter of RCW9.41.290 prohibiting cities and counties from passing any laws that regulate firearms. The law has allowed only a few areas where cities and counties can regulate firearms but prohibiting possession in parks is not one. Read http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.300 for those areas where they are allowed to regulate.
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
It's not a case of "what law allows me to carry", it is a matter of RCW9.41.290 prohibiting cities and counties from passing any laws that regulate firearms. The law has allowed only a few areas where cities and counties can regulate firearms but prohibiting possession in parks is not one. Read http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.300 for those areas where they are allowed to regulate.

And these:

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

AGO_2008_No8_Firearm_Preemption.pdf

Here is the letter I sent to Parks in Pierce County and subsequently to one of our Council members when Mr Basket didn't respond, feel free to edit the intro and the references and code citations to Pierce County to your own needs there: (note the links to the Pierce County website have been updated)

Dear Mr. Basket,

I am sending you this letter regarding signage that is posted in several areas of the Chambers Creek Properties under your responsibility that I regularly use.

My wife and I were out walking the track around the course as we often do and I read on one of the "rules" signs off of the street entrance on the north end of the park, that among other restrictions, indicate that firearms are prohibited. I certainly can understand where a "no discharge" rule would be appropriate under the citing below, but your ability to have an enforceable local code prohibiting guns is especially confusing to me, since it appears that these rules are directly in violation of RCW 9.41.290,

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

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.

....and RCW 9.41.300. http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.300

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

(a) Restricting the discharge (my italics) 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.

From the Pierce County Website, as I am sure you well know, I researched and found the following information posted.


"Fireworks and firearms are prohibited"

http://www.piercecountywa.org/pc/abtus/ourorg/parks/trailrules.htm

http://www.piercecountywa.org/pc/services/recreate/fac-rules.htm



OTHER PARK RULES & REGULATIONS
Possession of alcoholic beverages is prohibited.
Loitering in vehicles is prohibited.
For safety, swim only in designated areas.
Please use trash receptacles.
No firearms, fireworks, or open fires.
Loud music is prohibited.
Drive carefully and cautiously and enjoy your visit.

No person shall camp in any park except in areas specifically designated and/or marked for that purpose.

In a larger perspective, this policy issue needs to be addressed at the Council level for all of the parks and trails around Pierce County and in support of this request is additional clarifications made by the Washington State AG.

AGO_2008_No8_Firearm_Preemption.pdf
 
Last edited:

joejoejoe

Regular Member
Joined
Jan 12, 2010
Messages
319
Location
Vancouver, WA
Hey joejoe,

They did the same thing on the Pierce County website....you should also take the extra step to make sure that it was changed in the county code....

Well the city council meeting is on a Monday. The Tuesday following it is the County meeting, which I will also be attending.

Joe~
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Follow up!

Congrats to you Vancouver guys!

I had a buddy take a pic of the sign at Esther Short today!

after.jpg
 

joejoejoe

Regular Member
Joined
Jan 12, 2010
Messages
319
Location
Vancouver, WA
Follow up

Long story short: I just got back from the Council Meeting for Vancouver, and the Mayor came up to me afterward and said, "We will get the code fixed." They also informed me that new signage has been ordered. I did open carry my firearm there, so you will see me in tomorrow's newspaper ;)

Joe~
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Long story short: I just got back from the Council Meeting for Vancouver, and the Mayor came up to me afterward and said, "We will get the code fixed." They also informed me that new signage has been ordered. I did open carry my firearm there, so you will see me in tomorrow's newspaper ;)

Joe~

Excellent. I am working on getting the Columbian to do a write up on your efforts.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Looks like they are already on it!

The Columbian


With his Ruger SP101 revolver at his hip, 26-year-old Joe Winton asked the Vancouver City Council on Monday night to make it clear he has the right to carry his gun in city parks.
Winton identified himself as a member of national gun advocacy group opencarry.org, and said he carries his gun when he and his wife visit Esther Short Park downtown.

Excellent. I am working on getting the Columbian to do a write up on your efforts.
 
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