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Thread: Puyallup Municipal Code violating preemption

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    Puyallup Municipal Code violating preemption

    The next fight is Puyallup! I've read a few areas of their code and here's the long and short of it:

    Puyallup Municipal Code

    9.20.050 Fireworks, firearms, and weapons.
    It is unlawful to shoot, fire or explode any fireworks, firecrackers, torpedoes or explosives of any kind or to carry any firearms, air guns, bows and arrows, B-B guns, or use any slingshot in any park unless a written permit has been obtained from the parks director. (Ord. 2840 § 2, 2005; Ord. 2105 § 2, 1986; Ord. 1733 § 4, 1978).

    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).

    (Ord. 2719 § 3, 2002).

    9A.02.160 Firearms, dangerous weapons and explosives.
    The following laws contained within the Revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full; provided, that any provision in the RCW dealing solely and exclusively with the investigation, prosecution, or sentencing of a felony crime is not adopted herein.

    RCW

    9.41.010 Terms defined.

    9.41.050 Carrying firearms.

    9.41.060 Exceptions to restrictions on carrying firearms.

    9.41.098 Forfeiture of firearms, dangerous weapons.

    9.41.140 Alteration of identifying marks – Exceptions.

    9.41.230 Aiming or discharging firearms, dangerous weapons.

    9.41.240 Possession of pistol by person from eighteen to twenty-one.

    9.41.250 Dangerous weapons – Penalty.

    9.41.260 Dangerous exhibitions.

    9.41.270 Weapons apparently capable of producing bodily harm – Unlawfully carrying or handling – Penalty – Exceptions.

    9.41.280 Possessing dangerous weapons on school facilities – Penalties – Exceptions.

    9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

    9.41.810 Penalty.

    9.91.160 Personal protection spray devices.

    70.74.010 Definitions.

    70.74.160 Unlawful access to explosives.

    70.74.295 Abandonment of explosives.

    70.74.300 Explosive containers to be marked – Penalty.

    70.74.310 Gas bombs, explosives, stink bombs, etc.

    70.74.400 Seizure and forfeiture.

    ---------------------------------------------------------------------------------------------------------

    So, Puyallup adopted all the firearms codes EXCEPT 9.41.290 preemption. Nice try Puyallup, but State Law PREEMPTS your attempt to not adopt it. It's the law.

    The e-mails are sent and I will be making a stop Monday to the City Hall to speak with the clerk about the codes on the books. We shall see how it goes from there.

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    Regular Member FMCDH's Avatar
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    Goose, can you give a link to the online source you are looking up the codes at?

    thx

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    Quote Originally Posted by FMCDH View Post
    Goose, can you give a link to the online source you are looking up the codes at?

    thx
    http://www.codepublishing.com/WA/puyallup/

    I found that Puyallup's code was posted on their website. Check the city website you reside in for their municipal code. Pull it up and search for firearm (without the S) and see what codes regulate how they think you should carry in your city. I thank BigDave for that tidbit of advice.
    Last edited by Deleted_User; 01-27-2011 at 02:22 AM.

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    Regular Member FMCDH's Avatar
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    Quote Originally Posted by Goose View Post
    http://www.codepublishing.com/WA/puyallup/

    I found that Puyallup's code was posted on their website. Check the city website you reside in for their municipal code. Pull it up and search for firearm (without the S) and see what codes regulate how they think you should carry in your city. I thank BigDave for that tidbit of advice.
    Done for the cities that are surrounding me. Kenmore, Woodinville and Kirkland are in compliance, but Bothell and Lake Forest Park both have language restricting firearms in parks.
    Last edited by FMCDH; 01-27-2011 at 02:25 AM.

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    Get my hometown in line! I carry in Puyallup all the time and never even bothered to look at the park signs and such. I guess I just kind of assumed they were in compliance.

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    Regular Member Ajetpilot's Avatar
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    While you are at it, check the county in which you live.

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    Regular Member amlevin's Avatar
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    I realize that this thread is dealing with specific regulations for parks but as you sift through the Municipal Codes for the Cities in Washington you'll find numerous conflicts with "preemption". Just found one for Everett from 1985 that prohibits firearms on "public conveyances" with or without CPL. Only legal carrier according to the ordinance is a Police Officer. (see sticky on ordinances not compliant with State Law)
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member Bobarino's Avatar
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    I brought this to the city council's attention about 6 years ago and was brushed off by the city attorney.

    You may want to print out the minutes from the meeting and take them with you as evidence that they know, and have done nothing.

    http://www.cityofpuyallup.org/files/...f8a5f06d92.pdf

    bottom of Page 116 & top of 117

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    Quote Originally Posted by Bobarino View Post
    I brought this to the city council's attention about 6 years ago and was brushed off by the city attorney.

    You may want to print out the minutes from the meeting and take them with you as evidence that they know, and have done nothing.

    http://www.cityofpuyallup.org/files/...f8a5f06d92.pdf

    bottom of Page 116 & top of 117
    Thank you kindly. This is awesome stuff. I will sift through it tonight and take it to them. They have little choice. 9.41.290 is the law.

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    Regular Member FMCDH's Avatar
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    Quote Originally Posted by Goose View Post
    Thank you kindly. This is awesome stuff. I will sift through it tonight and take it to them. They have little choice. 9.41.290 is the law.
    "Confucius say, little choice is still a choice for he who has ample supply of sand with which to bury head."

    Ok, he didn't say that, but its still pithy, and true.

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    Regular Member FMCDH's Avatar
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    Quote Originally Posted by HK_dave View Post
    so would this mean that Kent is also in violation? ...
    Only so far as they don't make any implicit allowance for discharge of a firearm in self defense, which doesn't matter much given other overriding laws that would protect you.

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    Regular Member HK_dave's Avatar
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    you were replying as i was deleting, after i re-read: "or carry any weapon, excluding firearms"
    US Constitution - void where prohibited by law.

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    Regular Member FMCDH's Avatar
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    Quote Originally Posted by HK_dave View Post
    you were replying as i was deleting, after i re-read: "or carry any weapon, excluding firearms"
    It happens.

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    Trip to Puyallup City Hall today

    Audio to follow, possibly video as soon as I figure out how to use this thing.

    I went to the City Hall with their codes in hand and a copy of preemption. The lady at the visitors desk sent me to the 4th floor, customer service. The City Attorney's Office is also on this floor. She said nothing of my carry.

    I went to the 4th floor and told the lady I found some codes in Puyallup's Municipal Code that are in violation of state law. She brought out a paralegal. Her name was Frieda. She couldn't give opinion but gave me the e-mail address to write and have someone "look into it" It felt like the run around but I will try it. She was nice, polite, and really just wanted to know why we were doing this and who I represent. I represent me! I was not there about an organization!

    At any route, I will be e-mailing them shortly. They said any law must go before the City Council. I will be getting prepared to address the council.

    The video is on my thumb drive but Youtube isn't letting me upload it. It may also be a firewall issue. I hate VISTA! Once it's available, I'll link it. BE NICE, this is my first time getting the ball rolling. I will be using a BigDave template to e-mail the city attorney. Thanks for the support guys. Puyallup will fall to Preemption!
    Last edited by Deleted_User; 02-02-2011 at 07:37 PM.

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    Regular Member reillo584's Avatar
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    Thumbs up Great job Goose...!!!

    In the mean time, I will help you the best way I can think possible…OC more often in the Puyallup area maybe?


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    Goose, I have sent you a PM. I set you up on my personal server. Maybe you will have more luck uploading there.

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    Thanks for the offer

    Quote Originally Posted by malichite View Post
    Goose, I have sent you a PM. I set you up on my personal server. Maybe you will have more luck uploading there.
    The City Hall is a nice little building. I just wish I had a chance to speak to someone. I'm pondering either a City Council address or mayhaps trying to speak with the City Attorney. I'll e-mail as they asked and then see.

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    Regular Member DevinWKuska's Avatar
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    Quote Originally Posted by Goose View Post
    The City Hall is a nice little building. I just wish I had a chance to speak to someone. I'm pondering either a City Council address or mayhaps trying to speak with the City Attorney. I'll e-mail as they asked and then see.
    Whom do you want to speak with? It so happens I know the mayor of puyallup as well as a few of the council. maybe I can get you an audience, or atleast help you get closer to the right audience.
    "So there I was between a rock and a hard place, when it hit me... What am I doing on this side of the rock?"

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    Quote Originally Posted by DevinWKuska View Post
    Whom do you want to speak with? It so happens I know the mayor of puyallup as well as a few of the council. maybe I can get you an audience, or atleast help you get closer to the right audience.
    I am prepared to speak to anyone whom will listen. I am currently awaiting e-response to my e-mail. I will send another friendly follow up Monday and follow up in person as well. I'm on vacation 20-28 Feb so if anyone is available to speak to, GREAT! I'll even see if Bill or one of the "OC Egg-Heads" are available!

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    Regular Member sudden valley gunner's Avatar
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    In my experiences they deter to the city's lawyer, if you can have a few conversations with her/him, that might clear it up.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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