imported post
Sent this letter to Kathryn Kravits, the pierce county parks director and Terry Lee, my district councilman:
Dear *********,
It has come to my attention that a sign is posted at the Purdy Sand Spit county park that reads in it entirety, "No Fireworks, Firearms or Open Fires RCW 36.68". Please note that the word "Firearms" needs to be removed from this sign; I have attached an image of the sign.
Upon reading RCW 36.68 I can only concluded that these regulations were most likely created under
RCW 36.68.060(6):
Park and recreation board — Powers and duties.
The county park and recreation board:
(6) Shall promulgate and enforce reasonable rules and regulations deemed necessary in the operation of parks, playgrounds, and other recreational facilities, and may recommend to the board of county commissioners adoption of any rules or regulations requiring enforcement by legal process which relate to parks, playgrounds, or other recreational facilities.[/i]
At first glance it would appear that this regulation was created in good faith, however, under
RCW 9.41.290 "State Premption":
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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
I have highlighted the pertinent parts. It clearly states that the only governmental body allowed to regulate the carry of a firearm is the state and that the areas that are restricted are listed in RCW 9.41.300. Upon review of
RCW 9.41.300 you will find that there is no restriction of the carry of firearms in city, county or state parks.
Please also note the Attorney General Opinion released in 2008,
AGO 2008 No.8, which I have attached in it's entirety, but summarizes as:
RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.
Assuming that this regulation was made in good faith and without prior knowledge of the full law on the subject, I trust that this sign will be changed/removed promptly. The possibility for a lawsuit are high if a law enforcement officer were to see this sign not knowing that it had infact been preempted and tried to enforce it.
Thank you for your time and effort in this matter.