WA: Mayor vetoes ban on guns in Montesano city parks

[HerrGlock]

http://www.thedailyworld.com/articles/2008/06/19/local_news/04news.txt
Mayor vetoes ban on guns in Montesano city parks
By Leif Nesheim
Thursday, June 19, 2008 11:02 AM PDT


The Daily World

MONTESANO — Mayor Ron Schillinger has vetoed a parks ordinance passed by the City Council last week that contained a controversial ban on firearms in city parks.

Schillinger said he decided to veto the law “because of the potential legal issues with it and the interest in having more discussion with that section.”

On a 4-3 vote June 10, the council passed a comprehensive parks ordinance that outlined rules and regulations for park use. Included in the 14-page document was a paragraph prohibiting the carrying of weapons in city parks, including firearms.

Schillinger said he had received numerous messages — mostly by e-mail nationwide — from members of the National Rifle Association protesting the ban.

An alert about the ban on the NRA’s Web page calls it a “blatant violation of Washington’s” laws and urges members to contact Schillinger and the City Council to overturn the ban.

Councilmen Albert Collins, Chris Hutchings and Nick Swinhart opposed the ordinance. Councilmen Chris Thomas, Doug Streeter, Pat Herrington and Rich Klinger voted in favor.

“It stirred up a lot of people,” Collins said of the NRA alert. He was the most vocal critic of the ban on the council.

“I expect the mayor did the right thing,” Collins said. “I applaud him for it.”

The problem with municipalities creating their own firearms ordinances is that it “is a shot at right-to-carry” laws, said NRA spokeswoman Rachel Parsons. Washington is one of 48 states with “friendly” right-to-carry laws, Parsons said. When cities or counties create tougher restrictions than state law it creates a confusing situation for law-abiding gun owners, she added.

“We really do believe in the right of law-abiding gun owners to carry firearms in city parks for personal defense should they need it,” she said.

Parsons said the NRA is grateful for Schillinger’s decision to overturn the ordinance.

The mayor said his veto wasn’t meant to disrespect the public, city staff, Parks Board or Parks Committee. He said he wanted to make sure the council has an opportunity to revisit the issue before the ordinance takes effect in light of the opposition and potential legal repercussions.

The mayor said City Attorney Daniel Glenn will provide a revised ordinance, without the ban, after reviewing state laws pertaining to firearms in time for the next City Council meeting, which is set for 7 p.m. June 24.

The veto could be overridden if five of the seven council members support the original ordinance.

Mike Bruner, the city’s Parks & Recreation director, said the Parks & Recreation Committee considered the issue at length during the two years the new ordinance was being crafted. The School District contracts with the city to use parks for baseball and softball games and other events.

In the end, the committee decided parks should have the same restrictions on weapons as Montesano’s schools, Bruner said. Discharge of firearms is illegal within the city limits. Federal and state law makes it illegal to carry weapons in Montesano City Court areas, the Montesano Police Department building, Montesano school property, the Grays Harbor County Courthouse, the U.S. Post Office, banks and licensed liquor establishments.

From a law enforcement perspective, Montesano police haven’t had a problem with concealed weapons in city parks, Police Chief Ray Sowers said. Most weapons that become a problem are wrist rockets or BB guns. When there are firearms problems in the city, they tend to be with convicted felons — who are prohibited from possessing firearms — being in possession of a gun, Sowers said.

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[RussP]

Good for the Mayor!

[Nitro66DS]

http://www.thedailyworld.com/articles/2008/06/19/local_news/04news.txt
Mayor vetoes ban on guns in Montesano city parks
By Leif Nesheim
Thursday, June 19, 2008 11:02 AM PDT


The Daily World

In the end, the committee decided parks should have the same restrictions on weapons as Montesano’s schools, Bruner said. Discharge of firearms is illegal within the city limits. Federal and state law makes it illegal to carry weapons in Montesano City Court areas, the Montesano Police Department building, Montesano school property, the Grays Harbor County Courthouse, the U.S. Post Office, banks and licensed liquor establishments.

Just to be clear, CHL holders are not prohibited from carrying a handgun in WA schools.

[shotgunred]

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.

[glockeglock]

Just to be clear, CHL holders are not prohibited from carrying a handgun in WA schools.

Wrongo, I do believe.....

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.280

RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.


(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

(a) Any firearm;

(b) Any other dangerous weapon as defined in RCW 9.41.250;

(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the *county-designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the *county-designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The *county-designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

The *county-designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

Upon completion of any examination by the *county-designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.

The *county-designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

If the *county-designated mental health professional determines it is appropriate, the *county-designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

(h) Any law enforcement officer of the federal, state, or local government agency.

(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

(5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

(6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

[1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]

Notes:
*Reviser's note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.

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.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

[Nitro66DS]

Wrongo, I do believe.....

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.280

RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.


(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

(a) Any firearm;

(b) Any other dangerous weapon as defined in RCW 9.41.250;

(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the *county-designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the *county-designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The *county-designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

The *county-designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

Upon completion of any examination by the *county-designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.

The *county-designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

If the *county-designated mental health professional determines it is appropriate, the *county-designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

(h) Any law enforcement officer of the federal, state, or local government agency.

(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

(5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

(6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

[1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]

Notes:
*Reviser's note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.

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.

Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

Ok, I think I missed something...#5 up there...is that basically saying a CHL holder can carry on the premises but just not within the school building? #5 seems to list a number of exclusions but skips over the CHL one. I don't live in WA but have a WA CHL so, I'm not as intimately versed in the laws up there like OR where I live.

[SIGSAREBETTER]

Yeah baby! Good for the Mayor!

As far as the school thing, it is legal dropping off a student but otherwise a no-go. I once gave a lecture on gun control at a school and it was floated around that I bring my unloaded pistol to class to let the students inspect, but the principal vetoed it, so I can't imagine a scenario these days where one might have "legitimate business", or at least how that's construed these days. Frankly I'd strike down the "gun-free zones" but no one asks me for my input.

Speaking of input, I did get a nice long personal letter from an associate attorney general in response to my communication with them about the Seattle "ban". They said they would be keeping an eye on it but since no ban had taken effect and no live case existed, they had no plans for any intervention at the moment.

[Nitro66DS]

Well, I stand corrected then and shoulda read farther down the statute. Normally, I find an exception or allowance and figure that's it. Not used to having to look for an exception to the exception. WTH?!

[Gastonite]

You can carry while dropping off or picking up a student. That's it. Attending student conferences, meeting with teachers, or sitting in the stands at the gym during basketball/football games are verboten for CPL holders. Sad but true.

[remat]

Ok, I think I missed something...#5 up there...is that basically saying a CHL holder can carry on the premises but just not within the school building? #5 seems to list a number of exclusions but skips over the CHL one. I don't live in WA but have a WA CHL so, I'm not as intimately versed in the laws up there like OR where I live.

It says you can carry with a CPL as while picking up or dropping off a student otherwise it has to be locked out of sight in the vehicle.

Huge kudos to the Mayor of Montesano!