Results 1 to 17 of 17

Thread: Lakewood in violation of preemption????

  1. #1
    Regular Member
    Join Date
    Jun 2010
    Location
    Somewhere over run with mud(s)
    Posts
    791

    Lakewood in violation of preemption????

    So I was browsing through the Lakewood Municipal code and discovered this:

    No person except duly authorized law enforcement personnel and/or persons licensed to carry a concealed weapon shall possess a firearm in a city park. No person shall possess a bow and arrow, crossbow, or air or gas weapon in a City park. No person shall discharge across, in, or into any park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property provided that where the Department for good cause has authorized and approved a special recreational activity or a recreational program, upon finding that it is not inconsistent with City park use, this section shall not apply. (Ord. 420 ? 1 (part), 2006; Ord. 126 ? 1 (part), 1997.)
    Now is it just me or is that a clear violation of state preemption?
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  2. #2
    Regular Member cbpeck's Avatar
    Join Date
    Feb 2009
    Location
    Pasco, Washington, USA
    Posts
    407
    Sounds like a pretty clear violation to me.

    There was a similar city ordnance in Richland, and one of the members on OCDO worked hard to have it (and a second ordnance applying to restaurants) repealed. He was successful and we're all very appreciative!

  3. #3
    Regular Member
    Join Date
    Jun 2010
    Location
    Somewhere over run with mud(s)
    Posts
    791
    I am currently working on Bonney Lake, however since I live in Lakewood I can try and handle this one as well. Sumner's code is still in violation IIRC, although dont have time to double check right now. I do know that Roy is also in violation....
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  4. #4
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291
    I do know that Roy is also in violation
    Roy has a park?

  5. #5
    Opt-Out Members BigDave's Avatar
    Join Date
    Nov 2006
    Location
    Yakima, Washington, USA
    Posts
    3,463
    I would like to offer an email format I sent to the City of Yakima, County of Yakima and City of Union Gap, use it if you like or if you have questions please do not hesitate to asked.

    Dave

    Attached Google Doc
    • 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.

  6. #6
    Regular Member
    Join Date
    May 2010
    Location
    Renton, Washington, USA
    Posts
    1,201
    Renton is also in violation. I need to contact city hall and find out who to send the letter/email to. So is Newcastle. I think a lot of the eastside towns are because to date no one has challenged them. That's going to change!
    Never doubt that a small group of thoughtful committed citizens can change the world; it's the only thing that ever does.- Margaret Mead


    Those who will not fight for justice today will fight for their lives in the future,

    Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote. Benjamin Franklin

  7. #7
    Opt-Out Members BigDave's Avatar
    Join Date
    Nov 2006
    Location
    Yakima, Washington, USA
    Posts
    3,463
    To offer my suggestions as to who to contact to accomplish the tasked at hand, I have found the there are a few routes and depending upon who you are dealing with will depend if successful to amount of effort to expend.

    • The quickest thus far for me was through the Mayor to the City Attorney as they will want their impute as well.
    • The other way was to contact a Council Member and work with them to move it through.
    • Another way if not getting any where is show up for the Public Hearing Portion of the City Council Meeting.

    Most of this information can be found on the Cities webpages.
    • 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.

  8. #8
    Regular Member
    Join Date
    May 2010
    Location
    Renton, Washington, USA
    Posts
    1,201
    Quote Originally Posted by BigDave View Post
    To offer my suggestions as to who to contact to accomplish the tasked at hand, I have found the there are a few routes and depending upon who you are dealing with will depend if successful to amount of effort to expend.

    • The quickest thus far for me was through the Mayor to the City Attorney as they will want their impute as well.
    • The other way was to contact a Council Member and work with them to move it through.
    • Another way if not getting any where is show up for the Public Hearing Portion of the City Council Meeting.
    Most of this information can be found on the Cities webpages.

    Thank you, Dave. I appreciate the info.
    Never doubt that a small group of thoughtful committed citizens can change the world; it's the only thing that ever does.- Margaret Mead


    Those who will not fight for justice today will fight for their lives in the future,

    Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote. Benjamin Franklin

  9. #9
    Regular Member
    Join Date
    Jun 2010
    Location
    Somewhere over run with mud(s)
    Posts
    791
    Quote Originally Posted by BigDave View Post
    I would like to offer an email format I sent to the City of Yakima, County of Yakima and City of Union Gap, use it if you like or if you have questions please do not hesitate to asked.

    Dave

    Attached Google Doc

    Thanks Dave I appreciate it. Thus far I have identified 9 cities/towns that are in violation of state preemption...all within a few miles of me!

    I am currently working with Bonney Lake's public safety committee chair, I will however send out emails to Lakewood and Puyallup tomorrow. After that I will try and follow through with those before I move on to Edgewater, Yelm, Steilacoom, University Place, Sumner etc ad nauseaum...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  10. #10
    Guest
    Join Date
    Aug 2010
    Posts
    808
    Quote Originally Posted by devildoc5 View Post
    Thanks Dave I appreciate it. Thus far I have identified 9 cities/towns that are in violation of state preemption...all within a few miles of me!

    I am currently working with Bonney Lake's public safety committee chair, I will however send out emails to Lakewood and Puyallup tomorrow. After that I will try and follow through with those before I move on to Edgewater, Yelm, Steilacoom, University Place, Sumner etc ad nauseaum...
    Lakewood: I so owe that place. If you need a hand Doc, let me know.

  11. #11
    Opt-Out Members BigDave's Avatar
    Join Date
    Nov 2006
    Location
    Yakima, Washington, USA
    Posts
    3,463
    Quote Originally Posted by devildoc5 View Post
    Thanks Dave I appreciate it. Thus far I have identified 9 cities/towns that are in violation of state preemption...all within a few miles of me!

    I am currently working with Bonney Lake's public safety committee chair, I will however send out emails to Lakewood and Puyallup tomorrow. After that I will try and follow through with those before I move on to Edgewater, Yelm, Steilacoom, University Place, Sumner etc ad nauseaum...
    Just to make sure they do not try and feed a line about being a resident of that city, remember State Preemption was put into place so citizens exercising their right to bear arms are not overly burdensome to restrict the right and as a citizen you have every right to be there presenting requesting their ordinances to come into compliance.
    • 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.

  12. #12
    Regular Member amzbrady's Avatar
    Join Date
    Mar 2009
    Location
    Marysville, Washington, USA
    Posts
    3,522
    Wouldnt it be cool if there was a penalty or termination of employment for inacting rules that are in violation of state law?
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

  13. #13
    Regular Member
    Join Date
    Mar 2010
    Location
    Richland, Washington, USA
    Posts
    387
    I found it helpful having a OC friendly senator (or atleast rights friendly one). If you aren't getting any answers from the city, contact your legislators. The republican caucus has looked at this issue already and made calls on my behalf before.

  14. #14
    Regular Member jt59's Avatar
    Join Date
    Jul 2010
    Location
    Central South Sound
    Posts
    1,025
    Quote Originally Posted by devildoc5 View Post
    Thanks Dave I appreciate it. Thus far I have identified 9 cities/towns that are in violation of state preemption...all within a few miles of me!

    I am currently working with Bonney Lake's public safety committee chair, I will however send out emails to Lakewood and Puyallup tomorrow. After that I will try and follow through with those before I move on to Edgewater, Yelm, Steilacoom, University Place, Sumner etc ad nauseaum...
    Please cite the University Place code. I have reviewed this recently and found it to be in compliance....perhaps you have found another reference.

    Title 9 of the UP code:

    9.25.010 Firing of weapons prohibited.
    It shall be unlawful for any person to shoot or discharge any firearm, airgun, or bow and arrow; or to hunt any game animal; or to set a trap for any animal within the city limits of the City of University Place.

    (Ord. 170 1, 1997; Ord. 71 1, 1995).

    ...just says you can't shoot them not carry them....there is also a (weak) reference to the discharge of a weapon in self defense being exempt.

    jt
    Last edited by jt59; 11-03-2010 at 02:07 AM.
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  15. #15
    Guest
    Join Date
    Aug 2010
    Posts
    808
    Quote Originally Posted by jt59 View Post
    Please cite the University Place code. I have reviewed this recently and found it to be in compliance....perhaps you have found another reference.

    jt
    They (University Place) may be in compliance. What DevilDoc and I were discussing was reviewing the RCWs and Municipal Codes for anything not in compliance. I guess DevilDoc got a bug up his butt to make a difference. Sounds like a plan to me.

    I made a list of all the places I work and would like to know the carry laws of and DevilDoc must be on my same crypto. Let me know if you need help Doc and where you're working and I'll keep my little research project going and share whatever I get.

  16. #16
    Regular Member
    Join Date
    Jun 2010
    Location
    Somewhere over run with mud(s)
    Posts
    791
    Quote Originally Posted by jt59 View Post
    Please cite the University Place code. I have reviewed this recently and found it to be in compliance....perhaps you have found another reference.

    Title 9 of the UP code:

    9.25.010 Firing of weapons prohibited.
    It shall be unlawful for any person to shoot or discharge any firearm, airgun, or bow and arrow; or to hunt any game animal; or to set a trap for any animal within the city limits of the City of University Place.

    (Ord. 170 1, 1997; Ord. 71 1, 1995).

    ...just says you can't shoot them not carry them....there is also a (weak) reference to the discharge of a weapon in self defense being exempt.

    jt
    It is very possible that the code has been updated, however the UP code that I have run across online (directed to there by the UP homepage) states "except a duly appointed law enforcement officer, or those persons with a valid concealed pistol license, no person may carry a firearm with a projectile in any part of the mechanism in a city park."

    Yes I am doing this from memory as I am on my Linux box right now and all my notes are on my Windoze box. I will however update this in the near future to reflect the code as I have read it online and include a reference...

    2. Firearms. No person shall use, carry, or possess weapons of any description potentially inimical to wildlife and dangerous to human safety, or any kind of trapping device; provided, however, that firearms are permitted subject to the following limitations. No person except duly authorized law enforcement personnel and/or persons licensed to carry a concealed weapon shall possess a concealed firearm in a City park. No person shall aim or discharge a firearm in, into, or across any park area.
    Nevermind though, apparently I read that part wrong..."firearms are permitted subject to the following limitations" Missed that part originally. I apologize and stand corrected, one to scratch off my list at least....
    Last edited by devildoc5; 11-03-2010 at 02:57 AM.
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  17. #17
    Guest
    Join Date
    Aug 2010
    Posts
    808

    Bump

    Hey devildoc, did you fire off an e-mail to Puyallup yet? If not, I found the code and will start on it tomorrow.

    Puyallup Municipal Code

    Chapter 13.20
    CONDUCT WITHIN CEMETERY
    13.20.010 Dogs and firearms restricted.Persons with dogs or firearms shall not be permitted to enter the grounds, except that this shall not apply to personal service dogs or the use of firearms in any military service. (Ord. 2735 1, 2002; Ord. 1192 6(a), 1953).

    This page of the Puyallup Municipal Code is current through 2959, passed July 13, 2010.

    Disclaimer: The City Clerk's Office has the official version of the Puyallup Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •