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King County Code
- Thread starter badkarma
- Start date
slapmonkay
Campaign Veteran
Looks like its complies with state law to me. Local are allowed to regulate discharge of firearms.
slapmonkay
Campaign Veteran
I see what you guys mean, in regards to 'air or gas weapon'. Whereas the weapon is "gas operated". In its simple element gas operated could mean, the explosive gases released when the round ignites are used to power the "action" of the weapon, which would make a traditional firearm meet the definition.
While I fully believe the intent as written was to exclude airsoft, paintball, etc. and not a firearm so that they would be in compliance. This is further seen where they are regulating discharge its specifically mention firearm in addition to 'air or gas weapon'.
Clarity could be sought I suppose.
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BigDave
Opt-Out Members
Like this gas gun? [video=youtube_share;rIQxNRuEWVY]http://youtu.be/rIQxNRuEWVY[/video]
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Fallschirjmäger
Active member
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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
[1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]
versus
7.12.630 Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a county park. No person shall discharge across, in, or into any King County park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
Provided that:
Where the department for good cause has authorized in writing a special recreational activity upon finding that it is not inconsistent with King County park use this section shall not apply. (Ord. 12003 § 17, 1995*: Ord. 8166 § 8, 1987: Ord. 6798 § 63, 1984).
1) a firearm is indisputably a 'device' and
2) a firearm is usually capable of killing a person or animal.
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.
[1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]
versus
7.12.630 Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a county park. No person shall discharge across, in, or into any King County park area a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
Provided that:
Where the department for good cause has authorized in writing a special recreational activity upon finding that it is not inconsistent with King County park use this section shall not apply. (Ord. 12003 § 17, 1995*: Ord. 8166 § 8, 1987: Ord. 6798 § 63, 1984).
1) a firearm is indisputably a 'device' and
2) a firearm is usually capable of killing a person or animal.
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slapmonkay
Campaign Veteran
Please also read RCW 9.41.300(2) which is called out in the state preemption statue 9.41.290.
RCW 9.41.290 said:
EMNofSeattle
Regular Member
I think people here are hairsplitting over nothing. The ordinance does not seem to include firearms and appears painfully written to avoid mentioning firearms. Unless the county actually tries to enforce this law against someone lawfully carrying a firearm I wouldn't worry about it..... If they wanted to ban firearms they'd put the word firearm in the code...
Vitaeus
Regular Member
Guys, you are reading a bit too much into this, the ordinance does not specifically prohibit firearm possession or even use under applicable self defense, etc. Firearm is a specifically defined term in the RCW's. RCW 9.41.010 defines a firearm as
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder
So all the torturous logic that it fits under the gas or air stuff is at best a straw-man.
Discharge prohibitions are allowed as long as they are not more restrictive, nor more penalizing that various sections of 9.41
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder
So all the torturous logic that it fits under the gas or air stuff is at best a straw-man.
Discharge prohibitions are allowed as long as they are not more restrictive, nor more penalizing that various sections of 9.41
hermannr
Regular Member
Read it again...it does NOT comply with RCW9.41.300(2)(a) (in part)
"....Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and...."
tombrewster421
Regular Member
Apparently they forgot to list an exception. Will you bring it to their attention? I don't live close to Seattle and frankly don't have the time to deal with it.