Emails
Well, I encountered some initial resistance from the PUD. Here is what has been sent so far.
date Wed, May 25, 2011 at 4:38 PM
subject Chelan County PUD Parks Rules
hide details May 25 (2 days ago)
Hello,
I am writing to you today in regards to the rules and regulations for Chelan County PUD parks, which I found at this location on the Chelan County PUD website:
http://chelanpud.org/documents/ParkRulesFINAL.pdf
Within this document, I noted that section 9, which relates to "Firearms and/or Weapons" states the following.
Section 9. Firearms and/or Weapons
No person shall openly display a firearm or weapon in any park area, nor shall any person
discharge or propel across, in, or into any park area, a firearm, bow and arrow, spear, spear gun,
harpoon, sling shot, BB gun, 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 however
that it is permissible to possess hunting equipment secured in a vehicle or transported across
PUD property and gear used for fishing that would otherwise be in violation of this policy, (i.e.
relocating a firearm from a vehicle to a boat in preparation to duck hunt, or possessing a fillet
knife for the purpose of cleaning fish).
I am concerned because this wording would suggest that it is not permissible for a park patron to legally "open carry," that is carry a firearm on their person which is openly visible to others, while visiting Chelan County PUD operated parks.
However, according to RCW 9.41.290 "The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.290
It is well within Chelan County PUDs rights to restrict the discharge of said firearms, as is stated within RCW 9.41.300, however the mere visible possession of a firearm should not be prohibited.
I appreciate your attention and input on this matter.
Thank you,
Alan *******
date Fri, May 27, 2011 at 9:58 AM
subject Park Rule Concern
mailed-by chelanpud.org
hide details 9:58 AM (1 hour ago)
Alan
In response to your concern about section 9 of the Chelan PUD Park rules document:
It is our intention to provide a safe environment for the public to recreate in.
In doing so we; through the guidance of our Board of Commissioners, adopted the rules you are referring to.
In drafting these rules we used the following RCW as our guide when considering weapons in the parks.
If you have any further questions concerning this matter I am available by phone and would be happy to discuss this with you.
Thanks for your interest in the Parks
Ray Heit
Parks Manager
(w) 509 661 4133
(f) 509 661 8152
(c) 509 669 2140
ray.heit@chelanpud.org
RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.
1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or 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, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
[1994 sp.s. c 7 § 426; 1969 c 8 § 1.]
Notes:
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
date Fri, May 27, 2011 at 11:45 AM
subject Re: Park Rule Concern
hide details 11:45 AM (6 minutes ago)
Hello Ray,
Thank you for taking the time to respond to my inquiry. I can understand that at first glance RCW 9.41.270 may appear to make it illegal for a citizen to openly carry a firearm, however when looking more closely at the language it becomes apparent that the mere possession of a firearm is not sufficient to be in violation of state law.
RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.
1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances,
and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
It has been generally held this law is not intended to prohibit the open carry of firearms in Washington state, but rather to prevent people from carrying weapons in a threatening manner so as to intimidate others. Waving a firearm around in ones hand, for example, may warrant alarm for the safety of other persons. But walking through park with my family while a handgun is on my hip is an entirely different story.
Additionally, you may see the Washington State Attorney General's statement regarding the authority of local governments to regulate the possession of firearms here.
http://www.atg.wa.gov/AGOOpinions/Opinion.aspx?section=archive&id=21188
Also, the city of Wenatchee enacted a similar ban in their parks several years ago, but that ban has since been lifted because it was found to be in violation of state law. See the Wenatchee World article for details.
http://www.wenatcheeworld.com/news/2009/jan/23/city-gun-ordinance-broke-state-law/
Furthermore, a similar "gun ban" was put in place in Seattle city parks and was subsequently found to be in violation of state law and repealed, you can find more information about this here:
http://seattletimes.nwsource.com/html/localnews/2011061469_parksgun13m.html
and here:
http://www.saf.org/viewpr-new.asp?id=312
Thank you for your time.
Alan ********
Is there anything I'm missing so far? This is the first time I've ever worked at getting a rule changed relating to open carry so I would appreciate any advice anyone has.
Thanks.