Ask them what security co. they are going to hire to protect you and your guests and the other residents from the people who don't follow the laws.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
by the tennants, and tonite at our board meeting they are going to ban guns in our little park. They will probably say it reduces our liability or something like that. Does anyone have any arguments I can use in my defense.
At your next meeting you could try showing them the Uniform Crime Reports, State Constitution and relevant State Laws.
Tell them that their proposal violates Article 1 Section 24 of our Washington State Constitution
Additionally, even though they are not a Municipality, they in effect are acting in a municipal capacity and might also be in violation of State Preemption under RCW 9.41.290
But there are no relevant state laws re: how a private homeowners association may regulate firearms in common areas.
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by the tennants, and tonite at our board meeting they are going to ban guns in our little park. They will probably say it reduces our liability or something like that. Does anyone have any arguments I can use in my defense.
If you were preparing to argue this issue you're telling me that you would not provide an overview of State Law?
No. There's no reason to, since the HOA is sovereign in the common areas. State firearms law, v[/COLOR]is-à-vis the HOA's authority to regulate the common areas, does not apply. Why argue something that is irrelevant?
since they are a quasi-government entity under state law
And what is the penalty if someone carries a gun in the park? And is it enforceable?
IANAL, but assuming that the park is owned by the HOA, they may be able to have someone who violates their park rules legally trespassed.
Can you be trespassed from your own property?