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Thread: FedWay city code

  1. #1
    Regular Member JSlack's Avatar
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    FedWay city code

    Tried the search...but apparently I am not doing something right. I am sure this has been covered before, so directing me to another thread, would be appreciated.

    What is the basis of the Federal Way City Code 6-138. Why is it not preempted by the state?

    Why can I carry into the non over 21 section in Applebee's in Spokane, but not in Federal Way?

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    Regular Member SpyderTattoo's Avatar
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    You're never allowed to carry into the 21 and over only area of a restaurant in Washington.

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    Campaign Veteran gogodawgs's Avatar
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    I see no 6-138

    Can you provide a link?

    FW code is here.

    As SpyderTattoo has said it is illegal per the WSLCB to carry into any establishment that restricts those under 21 years of age.

    (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age;
    Quote Originally Posted by JSlack View Post
    Tried the search...but apparently I am not doing something right. I am sure this has been covered before, so directing me to another thread, would be appreciated.

    What is the basis of the Federal Way City Code 6-138. Why is it not preempted by the state?

    Why can I carry into the non over 21 section in Applebee's in Spokane, but not in Federal Way?
    Live Free or Die!

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    Regular Member xxx.jakk.xxx's Avatar
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    I don't know if people are misreading but he said that he can carry into the NON-21+ section in 1 city but not the same section of the same store in another city. I don't think he's worried about not being allowed in the bar.

  5. #5
    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by JSlack View Post
    What is the basis of the Federal Way City Code 6-138. Why is it not preempted by the state?

    Why can I carry into the non over 21 section in Applebee's in Spokane, but not in Federal Way?
    Quote Originally Posted by xxx.jakk.xxx View Post
    I don't know if people are misreading but he said that he can carry into the NON-21+ section in 1 city but not the same section of the same store in another city. I don't think he's worried about not being allowed in the bar.
    There is no FWMC 6-138 (use the link)
    FW follows state law, from what I can read.

    You may carry into the NON 21+ sections of any establishment per the RCW.
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  6. #6
    Regular Member amlevin's Avatar
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    Good resource for Municipal Codes in Washington Cities

    Here is a good resource for reading city codes online:

    http://www.mrsc.org/codes.aspx
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    Doesn't matter...

    The RCW restricts the carry of weapons into a "21 and above only" area of an establishment, such as bar area of an Applebee's, however Applebee's (or any other resturant or bar) is a private establishment and can ban or allow weapons as they see fit. State law does not override private establishment corporate or local policy on weapons. You can always be asked to leave for having a weapon and must comply or be charged with tresspassing.

    Don't forget, laws tell you what you can't do, not what you can do.

    BTW, Applebee's corporate policy is to ban all weapons by patrons and employees.
    Last edited by jenzenk; 09-21-2010 at 02:43 PM.

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    Regular Member JSlack's Avatar
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    Sorry if my wording is throwing ya off...

    I can carry into Applebee's (or pick your favorite food spot) and be legal in the portion of the establishment that under 21 year olds can sit in.

    I cannot carry into the same portion of that establishment in Federal Way according to this:

    http://www.opencarry.org/pdf/FederalWay.pdf

    Page 4.

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    The RCW says you can carry in that portion, Federal Way City code says you cant. Simply put, it's a city code that contradicts state law, INAL, but this would seem to me to contradict the states preemption statute. Any legal eagles out there want to weigh in?

    I would contact the Fed Way city atourney regarding this and point out the contradiction. Or carry and possibly fight it in court.

  10. #10
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by xxx.jakk.xxx View Post
    I don't know if people are misreading but he said that he can carry into the NON-21+ section in 1 city but not the same section of the same store in another city. I don't think he's worried about not being allowed in the bar.
    It seems confusion in presenting the question as it is not the normal wording used or in law "can carry into the NON-21+ section" instead of just stating, "That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age."

    As to being allowed to carry in one Applebee's then another, it is private property.
    Last edited by BigDave; 09-21-2010 at 02:59 PM.
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    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
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    The important thing to remember here is the preemption statute is to prevent a "patchwork" of different gun laws, to prevent lawful carriers from having to know every city and local ordinance and merely breaking the law by going from one municipality to the next. This is an illegal city code... again INAL, but that's how i would interpret it.

  12. #12
    Regular Member Whitney's Avatar
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    Federal Way City Code Brain Fart

    Quote Originally Posted by JSlack View Post
    Sorry if my wording is throwing ya off...

    I can carry into Applebee's (or pick your favorite food spot) and be legal in the portion of the establishment that under 21 year olds can sit in.

    I cannot carry into the same portion of that establishment in Federal Way according to this:

    http://www.opencarry.org/pdf/FederalWay.pdf

    Page 4.
    They convieniently left out that portion of 9.41 that you are describing.
    http://apps.leg.wa.gov/rcw/default.a...=true#9.41.300

    You are only restricted from those areas that are off limits to persons under 21 years of age.

  13. #13
    Opt-Out Members BigDave's Avatar
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    http://www.opencarry.org/pdf/FederalWay.pdf is out of date and is a training memo.

    Here is the City Ordinance covering this issue.

    6.25.030 Weapons prohibited on liquor sale premises.

    (1) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink, to:

    (a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not, in that portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age;

    (b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not;

    (c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as numchuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether such instrument or weapon is concealed or not.

    (2) The provisions of subsection (1) of this section shall not apply to or affect the following:

    (a) Any lawful act committed by a person while in his or her fixed place of business;

    (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not; or

    (c) Any person making or assisting in making a lawful arrest for the commission of a felony.

    (3) Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property.

    (Ord. No. 09-601, 13, 1-6-09; Ord. No. 91-89, 1(9.20.030), 3-5-91. Code 2001 6-138.)

    Cross references: Crimes relating to alcoholic beverages, FWRC 6.10.010; licenses and business regulations, FWRC Title 12.
    Last edited by BigDave; 09-21-2010 at 03:16 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Fed Way code has been revised-

    FWRC Chapter Six, Title 6.25 Firearms and Dangerous Weapons
    6.25.030 Weapons prohibited on liquor sale premises.
    (1) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink, to:

    (a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not, in that portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age;

    It seems the code has been brought in line with state law. The bulletin you have a link to was published in 2006.

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    Quote Originally Posted by BigDave View Post
    http://www.opencarry.org/pdf/FederalWay.pdf is out of date and is a training memo.

    Here is the City Ordinance covering this issue.
    Big Dave beat me to it...

  16. #16
    Opt-Out Members BigDave's Avatar
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    Must be an Echo in Here
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  17. #17
    Regular Member JSlack's Avatar
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    Thank you Folks. clears it up perfectly. maybe we can take that training bulletin off of this page:?

    http://www.opencarry.org/wa.html

    It is the first one under "police training bulletins"

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