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Richland, WA city park gun ban.

Discussion in 'Legal & Political Archive' started by twoclones, Nov 22, 2009.

  1. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Been to this park many times and never noticed the sign myself.

    Tri-City Herald article

    Richland men may sue city over gun ban in parks
    The Associated Press


    RICHLAND, Wash.
    -- Two Richland men say the city is breaking state law by banning weapons in parks.

    The two men, David Campbell and Bob Marguilies, told Tuesday's city council meeting they may file a lawsuit to force the city to change signs posted at parks.

    The Tri-City Herald reports the weapons ban is included on a sign at Howard Amon Park that also bans consuming alcohol and letting dogs run loose.

    Campbell says the gun ban violates a state attorney general opinion that cities lack authority to prohibit firearms in public places.

    In Seattle, Kent lawyer Bob Warden, is threatening a similar lawsuit. He announced he was carrying a gun Saturday when he went to a West Seattle community center where he was turned away.
     
  2. Jerry

    Jerry Vancouver, WA Well-Known Member

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    Not legal under Chapter 9.41 RCW. State has preemption.
     
  3. JUSTIficatioN

    JUSTIficatioN Seattle, Wa Member

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    Mayor nickels of Seattle "passed" that city law in his infinite wisdom. State law pre empts any city or county laws ,as far as firearms go, from being any different. the GOA and a few other groups and citizens are filing a lawsuit I believe. I think you should get some like minded people with you and start makin some noise over there in richland!
     
  4. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    I stopped by Howard Amon park in Richland last week to check out their new sign. The wording did set me to wondering about it's intent and consequence. Also, I read a post on opencarry.org saying the city had changed only one of the signs.

    HowardAmonSign.jpg
     
  5. JUSTIficatioN

    JUSTIficatioN Seattle, Wa Member

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    does anybody have any current info on the lawyer in seattle who filed/is going to file the lawsuit pertaining to this same situation? havn't heard much about it lately.
     
  6. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    His name is Bob Warden and the newest result Google rendered is from 14 December. Guess these things take time.
     
  7. armedandsafe

    armedandsafe Moses Lake, WA Active Member

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    RCW 9.41 is as follows: (With highlights by me)

    Tell me again what Washington State law they are following.

    Pops
     
  8. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    I read all of the above posts and can't find where anyone said a Washington State law was being followed. What good could possible come from posting only the repealed sections of the chapter named on the sign?

    To partially answer your question:
    RCW 9.41.050 allows concealed carry by CPL holders. I kind of like that part :)

    Additional relevant, current code can be found here:
    Chapter 9.41 RCW
     
  9. armedandsafe

    armedandsafe Moses Lake, WA Active Member

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    I just assumed that some RCW was being followed by the City of Richland because their sign says so in the middle of the sign.

    I posted the repealed portions of the sign because that is what the State of Washington RCW web site throws up when you google the RCW. That is what the state feels is the most important part for you to know about the code.

    Pops
     
  10. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Well, according to the sign, certain RCW are being followed. There are currently about 27 sections of active code in the 9.41 chapter. Including the State preemption section RCW 9.41.290

    The Howard Amon sign implies Richland Municipal Code to include RCW 9.41 (and it's included State preemption section) in RMC 9.22.070(2) but I've been unable to find the new (2) version online. What I did find is that the ban was apparently slipped past the good citizens on 17 February 2009 when an exception for concealed carry was removed from the RMC. The legal problem with this exception was it not including the entire RCW 9.41 rather than only the RCW 9.41.070. Removal of it inferred a total ban of weapons in the park which is illegal in our fine State. Link to RMC amendment below:

    http://www.ci.richland.wa.us/RICHLA...#37;2008-09.pdf?CFID=2776543&CFTOKEN=92940916

    What about open carry in the park? I have no idea on that one... :(
     
    Last edited: Jan 14, 2010