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Thread: Pasco Municipal Code(s)

  1. #1
    Regular Member Stretch's Avatar
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    Pasco Municipal Code(s)

    Well, it looks like some work needs to be done here in Pasco to clean up some rules that go against preemption.

    As searched here: http://www.pasco-wa.gov/index.aspx?NID=766

    9.24.080 EXEMPTION FROM STATE LAW PROHIBITION AGAINST CARRYING FIREARMS IN OPEN VIEW. The City of Pasco is hereby exempted from the prohibition in subsection 405(4) Chapter 7, Laws 1994 and RCW 9.41.050(4) which prohibits a person from carrying a firearm unless it is unloaded and enclosed in an opaque case or wrapper or the person meets one of the exceptions listed therein. (Ord. 3034, Sec. 1, 1994.)

    9.48.090 WEAPONS. It is unlawful to possess any firearm, air gun, bow and arrow, B.B. gun or use any slingshot in any park; provided, this section shall not apply to law enforcement personnel or to recreation division employees and persons involved in City sponsored recreation activities acting and in accordance with City rules and regulations. Violation of any of the provisions of this section is a misdemeanor. (Ord. 3616 Sec. 1, 2003.)

    I'll start figuring out whom to contact before a city counsel meeting.

    Any Pasco/TC folks that wish to assist or support are more than welcome. Thanks BigDave for the response.

  2. #2
    Regular Member cbpeck's Avatar
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    I'm having difficulty interpreting 9.24.080, but 9.24.090 is legible.

    9.24.090 should be really easy to get changed, especially after the shooting incident at Chiawana last year.

    I can't really comment on 9.24.080, other than to say I don't understand it.

    There are plenty of pro 2A folks in the local government, including Al Yenney who is a member of the Pasco City Counsel.

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    The parks code is preempted and invalid.

    The first one is actually a pro-gun ordinance. There was a state law on the books at one point that prohibited various kinds of firearm possession but allowed municipalities to opt out. The law is long gone but the opt-outs still remain in many places.

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    Regular Member cbpeck's Avatar
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    Quote Originally Posted by heresolong View Post
    The parks code is preempted and invalid.

    The first one is actually a pro-gun ordinance. There was a state law on the books at one point that prohibited various kinds of firearm possession but allowed municipalities to opt out. The law is long gone but the opt-outs still remain in many places.
    Thanks for the clarification on the first ordinance. The second should be easily remedied with our 2A-friendly local government.

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    Opt-Out Members BigDave's Avatar
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    Stretch you are welcome and anytime I can be of assistance.
    • 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.
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    Regular Member amzbrady's Avatar
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    Maybe you can contact M1Gunner, or GoGo and see if they have or can help draw up a nice informative letter to forward to the city council explaining that they are prempted by Washington State law.
    If you voted for Obama to prove you are not a racist...
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    Regular Member Stretch's Avatar
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    I sent a second email today to my district representative for the city. I corrected an error in my first email, but as of yet, no response to either email.

    We'll see what happens prior to the next city meeting.

    Workshop tonight at 7pm, maybe I'll go down and just put a face to the email I sent.
    Last edited by Stretch; 01-31-2011 at 08:33 PM. Reason: City Meeting for Workshop

  8. #8
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Stretch View Post
    I sent a second email today to my district representative for the city. I corrected an error in my first email, but as of yet, no response to either email.

    We'll see what happens prior to the next city meeting.

    Workshop tonight at 7pm, maybe I'll go down and just put a face to the email I sent.
    Stretch I would recommend you call your council member and if they do not respond seek out the rest until you get one and send them all the information.
    It is very possible they will not respond until such time you show up at the Council Meeting and sign up to talk and make it public record.

    Some of these Politicians will do only what is required of them, if you did not request a response then likely you will not get one, it is just that silly.
    • 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.
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    I had to contact my local Senator before West Richland wanted to do anything about their illegal ordinances.

  10. #10
    Regular Member Stretch's Avatar
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    Well I happened to have free time tonight, so I went down to see how the council meetings go.

    Sadly, I was the only citizen there. However, they asked if I had any comments that I wished to make, and of course being unprepared to speak at that time, I went up and did it anyway.

    The council was very responsive and has already put this on the agenda to change the parks language. Their park signs are already within compliance. One council member seemed a bit unclear as to who is allowed to carry a weapon in a park, but I don't expect everyone to know how the RCW's are written. I sure don't.

    I did acknowledge the councilman whom I emailed did email and he and I had a discussion after the meeting. He is going to be emailing me dates on when they'll be correcting the language. I'll also be watching their agendas as well.

    Pasco is closer to compliance...

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    Regular Member 1245A Defender's Avatar
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    Wow!!

    stretch said:

    Sadly, I was the only citizen there. However, they asked if I had any comments that I wished to make, and of course being unprepared to speak at that time, I went up and did it anyway.
    ------------------------------------------------------

    never let it be said, that ONE man cant make a difference!

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    Regular Member Stretch's Avatar
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    Looks like Franklin County is next on the to do list:

    12.12.270 - Weapons.

    No person shall possess a firearm with a cartridge in any portion of the mechanism; nor shall any person discharge across, in, or into any Franklin County park, a firearm, bow and arrow, air or gas operated weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the department has authorized a special recreational activity upon finding that it is not inconsistent with Franklin County park use and such use is confined to a designated area so posted for such use.

    (Ord. 5-88 § 27, 1988)


    http://library.municode.com/HTML/163...RE_12.12.270WE

  13. #13
    Regular Member Stretch's Avatar
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    Quote Originally Posted by sigfan View Post
    I mean, a photograph of Rhea Pearlman is enough to injur someone mentally.
    Where do I send the invoice for a new keyboard? The coffee that shot out my nose will certainly be shorting it out.

  14. #14
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Stretch View Post
    Well I happened to have free time tonight, so I went down to see how the council meetings go.

    Sadly, I was the only citizen there. However, they asked if I had any comments that I wished to make, and of course being unprepared to speak at that time, I went up and did it anyway.

    The council was very responsive and has already put this on the agenda to change the parks language. Their park signs are already within compliance. One council member seemed a bit unclear as to who is allowed to carry a weapon in a park, but I don't expect everyone to know how the RCW's are written. I sure don't.

    I did acknowledge the councilman whom I emailed did email and he and I had a discussion after the meeting. He is going to be emailing me dates on when they'll be correcting the language. I'll also be watching their agendas as well.

    Pasco is closer to compliance...
    Went pretty smooth but ensure you follow through and show up at those future meetings as things go awry when no one is looking.

    On Franklin County you can add that Yakima County had a similar Ordinance restricting the firearm from being loaded in a park and last year they removed it.
    • 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.

  15. #15
    Regular Member Stretch's Avatar
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    Believe it or not, a commissioner from Franklin County has already contacted me about the email I sent this morning. He is an NRA member and he said he was slightly embarrassed about not seeing this in the codes. He said this will be changed.

  16. #16
    Regular Member cbpeck's Avatar
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    Quote Originally Posted by Stretch View Post
    Believe it or not, a commissioner from Franklin County has already contacted me about the email I sent this morning. He is an NRA member and he said he was slightly embarrassed about not seeing this in the codes. He said this will be changed.
    Which commissioner?

  17. #17
    Regular Member Stretch's Avatar
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    Commissioner Peck.

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    Regular Member Stretch's Avatar
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    from Rick Miller <RMiller@co.franklin.wa.us>
    to xxxxxxxxxx
    date Wed, Feb 9, 2011 at 1:43 PM
    subject RE: Franklin County Code
    mailed-by co.franklin.wa.us

    hide details 1:43 PM (19 hours ago)


    Xxxx,

    I brought this issue at the board meeting today and it was agreed from the commissioners to forward this concern to our Civil Attorney General for opinion.

    Franklin County does not have jurisdiction in the parks and they are controlled by City of Pasco and The Corps of Engineers.

    However, parks are properties in Franklin County and our question is; are the counties able to interpret and change those laws implied to parks?

    I will contact you as soon as I get an appropriate answer.

    Thank-you

    Rick







    Rick MilleCommissioner, Chairman Pro Tem

    Franklin County, Washington

    (509) 492-6857 w rmiller@co.franklin.wa.us

  19. #19
    Regular Member amlevin's Avatar
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    So what did he say? Was there an answer in there?

    On the part of some parks being "controlled by the Corps of Engineers" can that be construed as "Federal Property". If so would that trigger "National Park Rules" or Federal Property rules, one of which allows firearms and the other prohibiting?
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