City Council and LEO above the law in Washington

[NavyLCDR]

Oak Harbor takes a stab at gun regulation - Whidbey News-Times

Grant Weed, the city attorney, advised the council this week to amend the code to remove the prohibitions. He said the city isn’t allowed to have gun-control rules that are stricter than state or federal law.

Councilman Rick Almberg led the way, saying he won’t vote to allow guns in parks. He said some laws regarding firearms are “out-of-step with commonsense.”
“I know we are not consistent with state and federal law, but I’m not going to sit here and say it’s OK to carry guns in our city parks,” he said.

The council members questioned Oak Harbor Police Chief Ed Green about how police would respond if someone was walking around a park with a rifle, which is legal under state and federal law. He said the officers would contact to the person, at gunpoint, and ask him or her to secure the firearm. He didn’t say what would happen if the person refused.

Not only is the City of Oak Harbor, WA violating the Washington State Constitution and State Preemption contained in the Revised Code of Washington RCW 9.41.290, they are also committing a gross misdemeanor, violating RCW 9A.36.070:

RCW 9A.36.070
Coercion.

(1) A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in.

(2) "Threat" as used in this section means:

(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) Threats as defined in *RCW 9A.04.110(27) (a), (b), or (c).

(3) Coercion is a gross misdemeanor.

Isn't it nice that they are so willing to violate state laws and commit a criminal act while expecting Joe Citizen to just submit and kiss their jackboots.

 

[X-Beast]

It's for the children!

 

[Firefighterchen]

Oak Harbor takes a stab at gun regulation - Whidbey News-Times

Grant Weed, the city attorney, advised the council this week to amend the code to remove the prohibitions. He said the city isn’t allowed to have gun-control rules that are stricter than state or federal law.

Councilman Rick Almberg led the way, saying he won’t vote to allow guns in parks. He said some laws regarding firearms are “out-of-step with commonsense.”
“I know we are not consistent with state and federal law, but I’m not going to sit here and say it’s OK to carry guns in our city parks,” he said.

The council members questioned Oak Harbor Police Chief Ed Green about how police would respond if someone was walking around a park with a rifle, which is legal under state and federal law. He said the officers would contact to the person, at gunpoint, and ask him or her to secure the firearm. He didn’t say what would happen if the person refused.

Not only is the City of Oak Harbor, WA violating the Washington State Constitution and State Preemption contained in the Revised Code of Washington RCW 9.41.290, they are also committing a gross misdemeanor, violating RCW 9A.36.070:

RCW 9A.36.070
Coercion.

(1) A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in.

(2) "Threat" as used in this section means:

(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) Threats as defined in *RCW 9A.04.110(27) (a), (b), or (c).

(3) Coercion is a gross misdemeanor.

Isn't it nice that they are so willing to violate state laws and commit a criminal act while expecting Joe Citizen to just submit and kiss their jackboots.

I'll walk in oak harbors city parks with you, just let me know when.

 

[NCIC105]

If I lived there I'd walk with y'all....

Sounds like a great legal action to be involved in!

 

[mappow]

and we would expect anything different from these Libs? Same ole, same ole, they can violate the Law as a gov't entity but as you state if you as a law abiding citizen is forced by inane laws that violate your rights by the COTUS then you'll be hanged by the highest tree. Or fork out a huge amount of money to vindicate yourself. And as we all know you cannot sue most gov’t entities for redress of injuries. The insanity continues.......

 

[Oldgrunt]

It would be nice if the City Council did order the Chief of Police to arrest or otherwise detain a citizen and then be confronted by a tremendous law suit which would put a large dent in the city treasury. Navy has quoted a number of lawsuits which have been won over such ignorance. Hope the City Attorney can straighten out the councilman.

 

[NavyLCDR]

I'll walk in oak harbors city parks with you, just let me know when.

Well... a buddy and I just got back from the oak harbor city council meeting tonight. We both open carried and spoke. There will be a video on the web, probably tomorrow, I'll post the link when it is available. We have a meeting with the chief of police on Friday afternoon.

 

[Firefighterchen]

I'll walk in oak harbors city parks with you, just let me know when.

Well... a buddy and I just got back from the oak harbor city council meeting tonight. We both open carried and spoke. There will be a video on the web, probably tomorrow, I'll post the link when it is available. We have a meeting with the chief of police on Friday afternoon.

Very nice. Hopefully this can be resolved. If not, just let me know, I'll see when I can make time to head towards Seattle to show some support.

 

[NCIC105]

Well... a buddy and I just got back from the oak harbor city council meeting tonight. We both open carried and spoke. There will be a video on the web, probably tomorrow, I'll post the link when it is available. We have a meeting with the chief of police on Friday afternoon.

Great...I'm glad you took this stand...Now we all need to jump on the gun-control issues in this manner....


I have meet with one of my Representatives and expressed my thought on the gum control movement and impeding my 2nd amendment rights. He owns a AR so we know which side he lines up on.

 

[NavyLCDR]

Here's the video. I am going to attack this not from the gun control point of view, but from the fact that the city council is full of criminals, willfully disobeying state law.... EXCEPT for Jim Campbell, the grey hair guy in the middle, to the left of the mayor, he is appalled by the city council's actions and 110% on our side. The guy sitting all the way in the center of the back of the room is the Chief of Police. Didn't say a word or do anything in regards to our firearms.

Link Removed

I can't remember what the first woman talked about. The second guy who thanks the city council for violating state law seems to be taking advantage of the new law in Washington that makes marijuana legal. I am third and my friend is fourth.

Link Removed

4:55 into this video will have you ROFLYAO.

 

[Oldgrunt]

Way to go Navy! I was surprised that more people weren't there in support of you but, at least you gave it a shot!

 

[dogshawred]

Here's the video. I am going to attack this not from the gun control point of view, but from the fact that the city council is full of criminals, willfully disobeying state law.... EXCEPT for Jim Campbell, the grey hair guy in the middle, to the left of the mayor, he is appalled by the city council's actions and 110% on our side. The guy sitting all the way in the center of the back of the room is the Chief of Police. Didn't say a word or do anything in regards to our firearms.

Link Removed

I can't remember what the first woman talked about. The second guy who thanks the city council for violating state law seems to be taking advantage of the new law in Washington that makes marijuana legal. I am third and my friend is fourth.

Link Removed

4:55 into this video will have you ROFLYAO.

Well stated and presented Navy, I liked your challanging them with regard to their violating RCW. I hope the Cheif of PD realizes the challenge also applies to him with not filing charges against City Counsel for there actions after legal counsel advise.
Good Job, Kudos.

 

[tricolordad]

I hope you bring a lawyer and camera with you on Friday. The last time I had a meeting with the Asst Chief in Menomonie WI, (also the only time I met with police in a private setting) he threatened me with violence over my constitutional open carrying of a firearm, which damn near led to a standoff in the parking lot. It may be nothing more than a setup. Cover your bases. They are not like us, there is no code of honor to those who would turn our nation into a gulag.

 

[NCIC105]

Here's the video. I am going to attack this not from the gun control point of view, but from the fact that the city council is full of criminals, willfully disobeying state law.... EXCEPT for Jim Campbell, the grey hair guy in the middle, to the left of the mayor, he is appalled by the city council's actions and 110% on our side. The guy sitting all the way in the center of the back of the room is the Chief of Police. Didn't say a word or do anything in regards to our firearms.


Oak Harbor - Whidbey Island's Premier Waterfront Community - Oak Harbor, WA 98277


I can't remember what the first woman talked about. The second guy who thanks the city council for violating state law seems to be taking advantage of the new law in Washington that makes marijuana legal. I am third, and my friend is fourth.


Oak Harbor - Whidbey Island's Premier Waterfront Community - Oak Harbor, WA 98277


4:55 into this video will have you ROFLYAO.

I have to say I'm very proud of your actions, and that you took your time to address the counsel...
I want to "Thank You" for your service to the citizens of Washington and to the USA for your military service...


What a great representative of our little forum and lawful carry.


I hope your example will send a wave of action throughout all legal firearm owners to stand up and say we are not going to allow you to screw with our rights!


Again thank you!


I'd be proud to stand with you any-day!

 

[NavyLCDR]

I have to say I'm very proud of your actions, and that you took your time to address the counsel...
I want to "Thank You" for your service to the citizens of Washington and to the USA for your military service...


What a great representative of our little forum and lawful carry.


I hope your example will send a wave of action throughout all legal firearm owners to stand up and say we are not going to allow you to screw with our rights!


Again thank you!


I'd be proud to stand with you any-day!

Wow. Thank you very much!

 

[NavyLCDR]

Update. Had a meeting with the Oak Harbor Chief of Police today. He is a very outstanding guy! Completely 100% understands firearms possession and carrying laws in Washington State. What was posted in the newspaper was taken completely out of context, only one sentence of what he actually said. There are no issues with him regarding firearms and the illegal parks ban. (Can a moderator edit the thread title to remove LEO?)

Also, got a personal call from the real Mayor of Oak Harbor who is in Wisconsin visiting family. He said that he got my letter in email and wanted to reply to me personally. He said there absolutely is a problem here that needs to be fixed and that some members of the city council would not like it but it will be on the agenda again. Reading his biography, he is an ex-Marine and Navy guy and still active in military and civic organizations. Definitely a good guy. He ended by saying, "Now you have my cell phone number, call me if you have problems."

 

[NCIC105]

Update. Had a meeting with the Oak Harbor Chief of Police today. He is a very outstanding guy! Completely 100% understands firearms possession and carrying laws in Washington State. What was posted in the newspaper was taken completely out of context, only one sentence of what he actually said. There are no issues with him regarding firearms and the illegal parks ban. (Can a moderator edit the thread title to remove LEO?)

Also, got a personal call from the real Mayor of Oak Harbor who is in Wisconsin visiting family. He said that he got my letter in email and wanted to reply to me personally. He said there absolutely is a problem here that needs to be fixed and that some members of the city council would not like it but it will be on the agenda again. Reading his biography, he is an ex-Marine and Navy guy and still active in military and civic organizations. Definitely a good guy. He ended by saying, "Now you have my cell phone number, call me if you have problems."

Great follow up and follow through........Again we all owe you a debit of gratitude...OK Guys NavyLCDR set the example for us to live by........a group of 20 citizens appealed to the Hendersonville, NC counsel trying to ban "Assault weapons" within city limits. Emails sent, and phone calls made. The mayor told the counsel and petitioner that the city did not have the ability to enact any law that was in violation of state law.

This group says the fight is not over as they will appeal to the county and then to state.

Guy's these efforts will help these efforts fall one by one! We have to fight back....We did not start this battle, but I'm sure you guys and gals will not shirk when needed!