sempercarry
Regular Member
After hearing of the OCer kicked out of the library in Spokane, I decided to look up Pierce county libraries polices regarding the carrying of weapons and found that it was prohibited. I decided a letter was in order so here it is.
Dear Mr. Parikh
I would like to bring to the libraries attention to the library code of conduct, and its violation of Washington State Law. Currently the Pierce county library code of conduct is worded: “The following behaviors and activities are not allowed: Possession of weapons. "Firearms" are defined as a weapon by RCW 9.41.010. The code of conduct is in clear violation of RCW 9.41.290 [State Preemption]: “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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.” This RCW is in reference to firearms laws. The whole RCW can be found here http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290 .Considering the fact the library system is a county funded and public resource, there would need to be a provision in RCW 9.41.300 in order to restrict firearms possession in the library. There is no exemption in RCW 9.41.300 that states a county or library system can restrict the right to carry a firearm on its grounds. Under RCW 9.41.290, the weapons section of the library code of conduct in its current verbiage is unenforceable. I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "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." I request that you advise the board to remove or revise the referenced code in order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. I look forward to hearing back from you about this issue
The response:
The Library’s Executive Director has asked me to look into your concern regarding Library policies.
I wanted to let you know that we’ve received your information and will be looking into it. It will take some time to research the issues involved. At this point I would estimate about a month for the initial review, followed by our evaluation of the initial review and presentation to the Board. This process may generate additional questions to be considered in connection with the issues that you raise, so it will take some time for a formal reply. Thank you for providing the information and citations, and I will keep you informed as we look into your issue.
Dear Mr. Parikh
I would like to bring to the libraries attention to the library code of conduct, and its violation of Washington State Law. Currently the Pierce county library code of conduct is worded: “The following behaviors and activities are not allowed: Possession of weapons. "Firearms" are defined as a weapon by RCW 9.41.010. The code of conduct is in clear violation of RCW 9.41.290 [State Preemption]: “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.” This RCW is in reference to firearms laws. The whole RCW can be found here http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290 .Considering the fact the library system is a county funded and public resource, there would need to be a provision in RCW 9.41.300 in order to restrict firearms possession in the library. There is no exemption in RCW 9.41.300 that states a county or library system can restrict the right to carry a firearm on its grounds. Under RCW 9.41.290, the weapons section of the library code of conduct in its current verbiage is unenforceable. I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "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." I request that you advise the board to remove or revise the referenced code in order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. I look forward to hearing back from you about this issue
The response:
The Library’s Executive Director has asked me to look into your concern regarding Library policies.
I wanted to let you know that we’ve received your information and will be looking into it. It will take some time to research the issues involved. At this point I would estimate about a month for the initial review, followed by our evaluation of the initial review and presentation to the Board. This process may generate additional questions to be considered in connection with the issues that you raise, so it will take some time for a formal reply. Thank you for providing the information and citations, and I will keep you informed as we look into your issue.