State Preemption Obstinacy

[Mainsail]

In states with complete firearms preemption:

If a city or county has or attempts to create a regulation or rule that bans firearms carry in either a park or municipal building, and flat out refuses to acknowledge that the State’s preemption makes those regulations null and void, what can we, as individual citizens, do?

We have a county that has refused to remove its “No Firearms” signs from the county parks even though WA has complete preemption. As an aside, they also forbid firearms within their county buildings even though they are not one of the listed places that are barred firearms carry. In other words, even though they know they cannot do it, the choose to be obstinate and post anyway. What do we do?

 

[geekWithA.45]

There's 2 things you can do.

You can sue to take the sign down, or carry in compliance with the law, and use that as your defense if you get caught.

 

[El Tejon]

Does Washington's pre-emption statute provide a remedy? (I.e., what does that specific statute say you can do?)

If none (or even if it does), I would have your attorney talk to the county attorney. I've had to talk to my city's attorney about my city not being in compliance with state law (worse yet, the city attorney is also my office's landlord). Have him show him the statute and ask that the county come into compliance. Far cheaper than hiring lawyers for abolition of my mortgage, er, I mean, seemingly endless civil litigation (at least at first).

Think of it as fixing a car: always do the cheapest fix first.

 

[ilbob]

They can post a sign saying the moon is made of green cheese. It does not necessarily mean anything.

They can also pass a law banning breathing. It does not mean it is enforceable.

Check over at opencarry.org in the WA state section of the forum. Several people are systematically dealing with these types of problems and can maybe give you some pointers. They have even written training bulletins several local departments are using since apparently the local departments did not know what the law is.

 

[Deanimator]

Here in Ohio, the Mayor of Cleveland is sueing the state to overturn preemption. He has about as much of a chance of success as Kucinich or Paul do of winning their respective nominations.

When he announced that the city would still enforce its preempted AWB, the Cleveland chapter of the FOP advised its members to defy that order.

 

[MD_Willington]

What county Mainsail?

 

[ZeSpectre]

File a complaint with the State Attorney General's office?

You could also contact Mr. Philip Van Cleve with the VCDL, they've had to address this issue SEVERAL times here in VA and I'm sure he could give you some advice for your own area.

 

[Mainsail]

Well, I brought it over from OpenCarry.org so….

It’s Kitsap County and their parks are signed prohibiting firearms. One of our members went to meeting with them and they refused to remove the signs. I guess it just burns me a little that they refuse to acknowledge the law and was wondering what others in states with preemption have done.

 

[Wynder]

File a complaint with the State Attorney General's office?

The AG's really only prosecute and can only offer assistance to representatives of the state. I'm facing a similar scenario where a county ordinance bans firearms/pistols in county parks and, I believe it falls under preemption. They emailed me back today and told me to take it up with my County Representative.

 

[Zundfolge]

Seems to me that political opponents of these folk could make hay about the fact that they aren't upholding the law next election cycle.

Throw tha bums out!