WA state pre-emption, city law on firearms and Katrina

Discussion in 'Legal & Political Archive' started by 8ball, Jun 17, 2010.

  1. 8ball

    Quit talkin' and start chalking!

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    I was browsing my local city laws. Ironically, the section on 'Firearms and Weapons Control' only refers to 'air guns', but then I spotted the following under 'emergency powers of the mayor'.

    Shades of Katrina anyone?

    Anyone know if WA pre-emption covers this situation? If so, how would I go about getting it removed?
  2. ZachS

    Active Member

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    A quick search doesn't show any cases relating to similar local laws, but the statute is very explicit about what types of laws are preempted. I can't imagine any way this one would squeak through.

    To get it changed, I'd start by writing a letter to the city council (or city attorney, if your city's big enough to have one) and making them aware of this problem. If that doesn't work, you'll probably want to contact a state/local gun rights organization. Embarrassingly, I don't know what organization that would be in Washington.
  3. 8ball

    Quit talkin' and start chalking!

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    Thanks. I sent an email to the city attorney, with links to the recent SAF cases against Seattle and New Orleans.
  4. ChicagoGuy

    Woodinville, WA

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    That is some strange wording:

    I sort of read that to mean I can carry to protect myself, but not to commit a crime?! :confused:
  5. yubariver

    selkirk mountains

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    Link to work others have and are doing in this area.

    Partial post from


    "As you can see, it is a rather unweilding list. It's a work in progress. I just needed to get something to start with. I know there are answers to many of these on the board (maybe even this thread).


    * Resolved
    * Pending
    * Checking status from board or process started (member name)
    * Problems

    Aberdeen 9.02.020 City Hall; Council will amend code. LE informed not to enforce
    Aberdeen 2.86.020 Emergency Powers
    Airway Heights 12.04.010 Parks
    Algona 9.24.160 Parks; Council to amend code per this post and resolved
    Asotin 12.20.070 Parks
    Auburn 9.34.020 Alcohol by the drink
    Auburn 2.75.080, 9.04.010 Emergency Powers
    Bainbridge Island 12.20.060 Parks
    Bainbridge Island 9.10.040 City Hall
    Bainbridge Island 8.20.010 Emergency Powers
    Battle Ground 2.74.090 Emergency Powers
    Bellevue 3.43.320 Parks; Scheduled for next code revision per this thread
    Bellingham 8.04.170 Parks; Repealed 12/15/2008
    Benton County 7.28.020 Parks
    Blaine 12.32.060 Parks
    Bonney Lake 12.12.140 Parks
    Bonney Lake 9.86.020/9.86.030 Public Meetings
    Bothell 8.60.350 [lookup]
    Bremerton 13.04.060 Parks; Amended 11/19/2008
    Brewster 9.40.060 Parks
    Brewster 9.36.010 Alcohol by the drink
    Buckley 10.84.185 Parks
    Buckley 2.96.090 Emergency Powers
    Burien 9.50.220 Council Chambers; revision being drafted per this post
    Burien 9.50.210 Alcohol by the drink; revision being drafted per this post
    Burlington 2.72.040 Parks
    Camas 12.32.150 Parks; amended 09/08/20009 per post on wa-ccw list (Yahoo Group).
    Cathlamet 9.20.010 Alcohol by the drink
    Centralia 10.33.080 Parks; per this thread (Chehalis 7.04.150 per this post)
    Chelan 9.22.020 Parks; per this post
    Chelan 9.18.040 Alcohol by the drink; per this post
    Chelan County 7.24.010 Parks; per this post
    Chelan County 7.22.020 Alcohol by the drink
    Clark County 9.04.190 Parks
    Connell 9.28.020/9.28.040 Drinking and carry; Leave your firearm with the bartender!
    Covington 8.40.240 Parks; Council will amend code. LE informed not to enforce
    Deer Park 9.12.020 City Hall/Municipal Building
    Des Moines 9.36.040 Council Chambers (meets in municipal court…)
    Des Moines 9.36.030 Alcohol by the drink
    Douglas 13.08.190 Parks
    DuPont 10.03.060 Parks
    East Wenatchee 12.12.040 Parks
    East Wenatchee 9.20.040 Alcohol by the drink
    East Wenatchee 9.12.020 Emergency Powers
    Eatonville 12.20.120 Parks
    Eatonville 2.60.040 Emergency Powers
    Elma 9.34.020 Alcohol (close but no cigar)
    Ephrata 9.20.010 CC permission granted by Chief; language will be amended on Jan 21 to correct
    Ephrata 9.40.040 Parks
    Ephrata 14.08.050 Cemetery
    Ephrata 9.22.010 Alcohol by the drink
    Everett 9.02.020 Emergency Powers
    Everett 10.78.080 Public Conveyance
    Federal Way 11-72 Parks; Amended 01/06/2009
    Federal Way 6-139 Council Chambers; Amended 01/06/2009
    Federal Way 6-138 Alcohol by the drink; Amended 01/06/2009
    Ferndale 12.26.040 Parks; Repealed 02/02/2009
    Fife 12.22.020 Parks
    Fircrest 10.12.050 Parks
    Forks 9.05.150 Parks
    Gig Harbor 9.12.020 Emergency Powers
    Grandview 2.48.160 Cemetery
    Grandview 12.28.070 Parks
    Grandview 9.36.110 Schools (exceeding RCW 9.41.300)
    Island County 9.40.320 Parks; has been reviewed by counsel and will be changed per this post
    Issaquah 9.10.040 Alcohol by the drink
    Kelso 12.20.190 Parks
    Kelso 13.12.130 Airport
    King County 12.52.030 Emergency Powers
    Kirkland 11.41.060 Parks, City Hall, School grounds; City attorney reworking code. PD informed not to enforce, per this thread.
    Kitsap County 2.04.020 Emergency Powers
    Kitsap County 10.12.080 Parks
    Kittitas 9A.20.010 Alcohol by the drink; repealed 02/24/2009
    Kittitas 9A.20.020 Any business in the city; repealed 02/24/2009
    Lake Forest Park 12.08.050 Parks; City attorney reworking code - brought to city's attention by PD.
    Lakewood 8.76.530 Parks
    Lakewood 9.34.020 Alcohol by the drink; under the influence
    Langley 9.04.050 Alcohol being served (public accommodation)
    Langley 9.04.030 Carry concealed enumerated and declared to be disorderly person
    Lewis County 12.05.050 Parks; County prosecutor giving runaround per this post
    Liberty Lake 8-1A-5 Parks and city facilities; PD working with city council to amend code (check on city facilities)
    Long Beach 8-4-2 Parks
    Longview 10.60.020 Emergency Powers
    Maple Valley 7.05.050 Parks; will not be enforced pending official change per this post
    Marysville No Code (or unknown); GFZ signs at city hall removed, no local code relating to them (per this thread)
    Mason County 9.44.090 Parks
    McCleary 12.12.030 Parks
    Medina 12.24.010 Parks
    Mercer Island 9.40.020 Emergency Powers
    Mill Creek 12.12.110 Parks
    Milton 12.16.040 Parks
    Monroe 9.28.070 Parks; to be changed per this thread
    Moses Lake 12.36.090 Parks
    Mount Vernon 2.40.070 Emergency Powers
    Newcastle 12.55.550 Parks
    Oak Harbor 6.14.070 Parks; awaiting verification per this post
    Ocean Shores 9.01.080 Parks; Council will amend code. LE informed not to enforce
    Ocean Shores 8.36.020 Emergency Powers
    Olympia 12.60.050 Parks; City attorney reworking code. PD informed not to enforce
    Olympia 02.04.090 Emergency Powers
    Orting 8-6-4 Parks
    Pasco 9.48.090 Parks
    Pasco 2.04.020 Emergency Powers
    Pierce County 14.08.060 Parks
    Port Angeles 2.48.210 Parks
    Poulsbo 12.30.060 Parks
    Puyallup 13.20.010 Cemetery
    Puyallup 9.20.050 Parks and public facilities
    Quincy 9.13.020 Alcohol by the drink
    Raymond 9.80.050 City Hall
    Redmond 9.12.020 Emergency Powers; under review with probable repeal per this thread
    Richland 9.22.070 Parks; per this thread
    Richland 9.27.020 Alcohol by the drink; appears not yet resolved?
    Roy 8-4-3 Parks
    SeaTac 15.20.045 Homeless encampment permit approval requirements…
    Seattle 18.12.140 Parks; Repealed - Ordinance 122789 Signed 09/25/2008
    Seattle 10.02.020 Emergency Powers
    Sedro-Woolley 2.40.040 Emergency Powers
    Selah 1.58.010 Emergency Powers
    Sequim 12.24.010 Parks
    Sequim 9.36.010 Alcohol served (at all)
    Shoreline 8.12.490 Parks
    Skagit County 9.41.190 Parks County Attorney will notify LE not to enforce. Will amend code
    Snohomish 13.04.070 Parks
    Snohomish County 22.16.090 Parks
    Snohomish County 15.08.205 Airport
    Snoqualmie 12.12.350 Parks; may or may not be amended, but PD advised not to enforce per this thread
    Soap Lake 9.36.010, 9.36.030 Alcohol by the drink
    Spokane 10.10.040 Parks; Addressed with City Attorney on 12/22/2008, not changed yet
    Spokane 10.10.050 City public assembly building; Addressed with City Attorney on 12/22/2008, not changed yet
    Spokane 2.04.030 Emergency Powers; Code was updated in 2008 with input from fetch but still needs work
    Spokane Valley 6.05.090 Parks
    Sultan 9.32.010 Alcohol (close, but real confusing)
    Sumner 12.60.040 Parks
    Sunnyside 12.04.020 Parks
    Sunnyside 9.20.030 Alcohol (way off on this one)
    Tacoma --no code-- Cheney Stadium; Taking Cherry Stance per this thread
    Tacoma 8.96.030 Emergency Powers
    Thurston County 10.76.290 Parks
    Toppenish 2.80.020 Parks
    Union Gap 2.88.030 Emergency Powers
    University Place 15.05.050 Parks; to be amended and not enforced per this thread, signs removed
    Vancouver 15.04.060 Parks; changed on website, no sign change
    Vancouver 2.12.040 Emergency Powers
    Wenatchee 6A.18.240 Parks; amended 01/22/2009 and has been republished
    West Richland 12.12.030 Parks
    West Richland 9.36.012 Alcohol by the drink
    Whatcom County 9.32.085 Parks; being reviewed by outside counsel, expect April 2009 before resolved.
    Yakima 13.16.120 Parks; amended in June, looking at new signs
    Yakima 7.04.090 Cemetery; amended in August
    Yakima 6.06.030 Emergency Powers; amended 10/20/2009 removing firearm references per this post
    Yakima County 11.04.500 Parks
    Yakima County 5.16.090 Circuses, Carnivals, Rodeos, Animal Shows and Rides, and Other Occasional Amusements, Sporting Events, or Shows
    Yakima County 9.46.040 Snowmobile (basically considered as hunting from vehicle)
    Yelm 9.68.040 Parks
    Zillah 13.24.150 Parks
    Zillah 2.04.200 Emergency Powers
    Zillah 5.32.060 Banquets (yes, banquets)"
  6. ZachS

    Active Member

    Likes Received:
    Yep, that's exactly what it means.

    Intent is probably the most important concept in criminal law...
  7. ChicagoGuy

    Woodinville, WA

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    So in effect, that line means that the mayor can declare it illegal for me to carry to commit a crime, but not to confiscate my weapon if I'm simply carrying.

    If that's really what it's saying, it's more sort of a "in times of lawlessness, no possee" kind of statment then, no?

    It's not an order to disarm the general populace.
  8. 56kninja


    Likes Received:
    Not that it matters as much in this case. There is a law preventing any Federal Agent or anyone acting on behalf of a Federal agent from seizing guns in an emergency, unless it is from a person unlawfully owning guns. This law a result of the gun seizures in this case.

    But that wouldn't apply if it it was the local law enforcement acting on their own will I suppose..
  9. THC101

    Pierce County

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    regardless of what they SAY they will do.. anyone who thinks they wouldn't try to pull the same sh8t they did in new Orleans is sadly mistaken.

    you will see the same stuff. Our police chief announcing that no one will be allowed to carry while private civilian contractors patrol the streets.

    again, anyone who thinks they wouldn't try to pull this is sadly mistaken.

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