Daath 474
Regular Member
imported post
So I sent an email to the city attorney today regarding the municipal code in East Wenatchee that prohibits firearms in city parks. Here is the letter I sent to him:
Devin,
I am writing to you in regards to a city municipal code that I believe is not in line with state law because of preemption. I've been in contact with the park board and the city council since October of 2009, but I haven't seen anything particularly moving in regard to this issue. Initially I had emailed Dave Bremmer, but he apparently was not getting my messages. When he failed to respond, months later, I contacted the entire city council of East Wenatchee along with the mayor Steve Lacy. I got one response back from Dennis and he seems to be the only one particularly concerned about it. When no one was responding to my inquiry, I contacted a staff writer of the Wenatchee World because it might be noteworthy that elected officials are ignoring a citizen's request to review codes and to clarify them by bringing them up to date with state law. She attended a council meeting as I was unable to on short notice and reported to me that the information regarding this problem was handed to you. Additionally, Dennis has helped to confirm that this information is resting in your hands as well. I'm curious as to the intended outcome and the operations being put into effect that will clarify this for the public and for law enforcement. I have already contacted the park board in the past and they agreed that the wording was wrong and not legally enforceable. So they changed it. Unfortunately, they were citing a city municipal code that is outdated because of state preemption. That is why I am coming to you with a request to have it changed. Here is the wording in the original letter I wrote to Dave regarding the municipal code in question and how it conflicts with state law:
I am writing to you about a city municipal code that I believe is outdated and no longer reflects Washington state law. The municipal code in question is 12.12.040 which states:
12.12.040 Firearms and explosives.
It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in any park except designated recreational areas provided for such activities. (1967 code § 8.40.040)
However, RCW 9.41.290 prohibits the city from banning firearms on city property and at facilities. This is the text from RCW 9.41.290 which states:
RCW 9.41.290
State preemption..
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.
You can find this state preemption here: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290
I'm concerned about the text in the city municipal code that prohibits the lawful carry of a firearm. I think that you should have the text "or to carry any firearm" removed from the municipal code entirely as to reflect state preemption and current law.
Thank you for your time in reading my email. I am looking forward to a response from you.
Here is his response:
I'm aware of the issue. However, I've not yet researched your claim. I hope to make a recommendation to the City Council on whether the code needs to be amended by the end of the month.
Thank you.
Devin Poulson
And this is what I sent him back:
That is excellent! If there are any public meetings or anything of that nature, I'd like to be in attendance if at all possible. Would it be too much to ask of you to send me an email if any are planned? I'm interested in the process and I think it would be an excellent opportunity to learn a few things.
I'm wondering if there is anything else that any of you think I should have added to the emails or that I should bring to his attention. Now that I have his attention. I'd like to see this municipal code clarified and up to date with state law. Any suggestions or advice?
So I sent an email to the city attorney today regarding the municipal code in East Wenatchee that prohibits firearms in city parks. Here is the letter I sent to him:
Devin,
I am writing to you in regards to a city municipal code that I believe is not in line with state law because of preemption. I've been in contact with the park board and the city council since October of 2009, but I haven't seen anything particularly moving in regard to this issue. Initially I had emailed Dave Bremmer, but he apparently was not getting my messages. When he failed to respond, months later, I contacted the entire city council of East Wenatchee along with the mayor Steve Lacy. I got one response back from Dennis and he seems to be the only one particularly concerned about it. When no one was responding to my inquiry, I contacted a staff writer of the Wenatchee World because it might be noteworthy that elected officials are ignoring a citizen's request to review codes and to clarify them by bringing them up to date with state law. She attended a council meeting as I was unable to on short notice and reported to me that the information regarding this problem was handed to you. Additionally, Dennis has helped to confirm that this information is resting in your hands as well. I'm curious as to the intended outcome and the operations being put into effect that will clarify this for the public and for law enforcement. I have already contacted the park board in the past and they agreed that the wording was wrong and not legally enforceable. So they changed it. Unfortunately, they were citing a city municipal code that is outdated because of state preemption. That is why I am coming to you with a request to have it changed. Here is the wording in the original letter I wrote to Dave regarding the municipal code in question and how it conflicts with state law:
I am writing to you about a city municipal code that I believe is outdated and no longer reflects Washington state law. The municipal code in question is 12.12.040 which states:
12.12.040 Firearms and explosives.
It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in any park except designated recreational areas provided for such activities. (1967 code § 8.40.040)
However, RCW 9.41.290 prohibits the city from banning firearms on city property and at facilities. This is the text from RCW 9.41.290 which states:
RCW 9.41.290
State preemption..
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.
You can find this state preemption here: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290
I'm concerned about the text in the city municipal code that prohibits the lawful carry of a firearm. I think that you should have the text "or to carry any firearm" removed from the municipal code entirely as to reflect state preemption and current law.
Thank you for your time in reading my email. I am looking forward to a response from you.
Here is his response:
I'm aware of the issue. However, I've not yet researched your claim. I hope to make a recommendation to the City Council on whether the code needs to be amended by the end of the month.
Thank you.
Devin Poulson
And this is what I sent him back:
That is excellent! If there are any public meetings or anything of that nature, I'd like to be in attendance if at all possible. Would it be too much to ask of you to send me an email if any are planned? I'm interested in the process and I think it would be an excellent opportunity to learn a few things.
I'm wondering if there is anything else that any of you think I should have added to the emails or that I should bring to his attention. Now that I have his attention. I'd like to see this municipal code clarified and up to date with state law. Any suggestions or advice?