imported post
"Good to hear from you and I hope things are going well.
Sam and I did exchange email communications on this issue and I indicated that I would defer to the Prosecuting Attorney on issues relating to the burden of proof, affirmative defenses and any conflicts between the Whatcom County Code and the Revised Code of Washington. I specifically indicated that "it makes sense to have a legal review and ensure that the Code is not superceded by the RCW."
The said ordinance is not limited to firearms possession and prohibits certain uses of firearms and conduct involving dangerous weapons other than firearms in County parks. The Code also specifically recognizes the exemptions contained in RCW 9.41.300 and RCW 9.41.070. I take this to mean that under existing law, a person holding a concealed carry license is not prohibited from carrying a firearm in a County Park.
You ask that "I change my stance on this and immediately inform the County Council that this law is illegal [and that] the County is in violation of RCW 9.41.290." My "stance" is that questions relating to this ordinance should be referred to the County Council's legal advisor who is our Prosecuting Attorney. The Council should follow his advice regarding sections, if any, of the ordinance he might determine are superceded by state statute. The Code also proscribes conduct that is not within the purview of firearms preemption language contained in state law. It makes sense to maintain the Code, to the extent that it comports with state law, so as to clearly establish prohibitions in Parks and allow the Parks Department to use it as a basis for publishing and communicating park rules.
Sam and I are both very mindful of the gun owner's rights and I am sure that any legislation he proposes in this regard will balance these rights with public safety needs.
I hope this answers your questions and thank you for providing me an opportunity to respond.
Best Regards,
Sheriff Bill Elfo"
I am following up with him on the "permit holders are allowed" portion.
And here is my followup email:
"Thanks Bill,
I appreciate your quick reply to my question and the clarification that you provided.
One followup question however. You stated that the county code exempted people who were covered under 9.41.300. I agree that it does say that, but it also would appear to prohibit the lawful carry of firearms that are not concealed. WCC9.32.085 states:
9.32.085 Unlawful firearms and/or weapons in parks. A.It is unlawful within a county-owned park for any person to:
1.Display, exhibit or draw any firearm or dangerous weapon; or
2.Leave any firearm or dangerous weapon unattended and unsecured, or exposed to public view; or
This is actually the portion that I am most concerned about. RCW 9.41.270 only prohibits the display of a firearm that is carried in a manner andunder time or circumstances that warrants alarm. The Washington State Supreme Court, in State vs Casad, held that merely carrying a firearm openly did not warrant alarm. Can you comment as to whether it is the policy of the county or of the sheriff's department that the open carry of a firearm properly secured in a holster is illegal under WCC 9.32.085?
Thanks again."
And his answer:
"
Calvin, my interpretation of the Code, in light of case law, is that it does not prohibit the mere open carrying of firearms. I say this with the caveat that I feel it is not prudent to openly carry a firearm in park for a multitude of reasons. Nonetheless, I respect the law and we will administer our agency in light of what the law requires. Council Member Crawford forwarded this matter to the Prosecuting Attorney and I will rely upon whatever advice he provides and endorse any course of action he recommends. I agree that if in fact there is a law that cannot be enforced, it should be amended. Thanks, Bill"
Looks like we are pretty good with Whatcom County, at least pending the attorney's decision.
