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Author Topic: Local ordinances  (Read 558 times)
Gene Beasley
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« on: April 10, 2008, 01:39:47 AM »

I've been slowly but surely working on a spreadsheet that lists all municipal and county codes for the entire state (at least that are available online) that are likely in violation of 9.41.290/300.  Initially I was looking at the most common violation, Parks.  I added any reference to council chambers possession, though this is uncommon.  I noticed two more that I wanted to get some feedback. 

Some of the codes that mention establishments where alcohol is served by the drink.  For example, Des Moines Muni Code: (1) Except as provided in subsection (2) of this section, it is unlawful for a person, on or in a premises in the city where alcoholic beverages are dispensed by the drink to: (a) Carry a firearm, rifle or handgun, whether the person has a license or permit to carry a firearm or not, and whether the firearm is concealed or not;  Subsection 2 is the standard law enforcement official duty language.  My interpretation of this is that the entire restaurant (such as Red Robin) would be off limits, even in the dining room. 

The other is executive authority to suspend rights in an emergency (not frequent, but not rare).  I'm just noting them for now.  I haven't done any research into anything in the RCW's that might grant this authority.  I still view this as falling under the restrictions of 9.41.290/300.  If there is nothing affirmatively granting a municipality the authority to pass this law, then I don't think it passes muster. 

Would appreciate any thoughts on these last two.  My goal is to put the spreadsheet up here and/or on OCDO.  It would be nice to systematically start bringing these codes into line.

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gregma
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« Reply #1 on: April 10, 2008, 09:29:58 AM »

Some of the codes that mention establishments where alcohol is served by the drink.  For example, Des Moines Muni Code: (1) Except as provided in subsection (2) of this section, it is unlawful for a person, on or in a premises in the city where alcoholic beverages are dispensed by the drink to: (a) Carry a firearm, rifle or handgun, whether the person has a license or permit to carry a firearm or not, and whether the firearm is concealed or not;  Subsection 2 is the standard law enforcement official duty language.  My interpretation of this is that the entire restaurant (such as Red Robin) would be off limits, even in the dining room.

You are correct that this code does violate state law.  It is greatly more restrictive than what the state has to say.  You would be in violation anywhere in Red Robin, not just that portion that is restricted to those under 21.

As for suspending rights in an emergency...  Unless there is a right in State Law allowing suspension of firearm rights, then that too would be more restrictive.
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Gene Beasley
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« Reply #2 on: May 12, 2008, 12:48:39 AM »

Zipped file added to Misc download section.  It's also available at OCDO.
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joeroket
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« Reply #3 on: May 12, 2008, 10:56:53 AM »

I agree 100% with Gregma. I have looked into the emergency aspect a little but have yet to come up with anything that would grant a city the ability to suspend firearm rights.
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"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Frued
just_a_car
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Because I can't carry a cop.


« Reply #4 on: July 01, 2008, 06:42:28 PM »

Sorry to redirect back to OCDO, but I posted a thread there with a link to almost all of the local an municipal codes and it's searchable: http://opencarry.mywowbb.com/view_topic.php?id=10749
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