Local gun show disrupted by last-minute 'rule' changes

by Sue Forde, for Citizen Review Online
www.citizenreviewonline.org

Sequim, WA – 4/23/02 – The Pacific NW Gun Show at Guy Cole Convention Center at Carrie Blake Park in Sequim began as it usually does - its regular annual event where gun collectors come together to show off their equipment, and to buy, sell and trade.  The show ran from April 12-14.  This year was different, however.  As the show prepared to open, the local police chief of Sequim, Byron Nelson, showed up to inform the gatherers that there would be no private sales allowed, and that anyone doing so would be subject to arrest.

“It’s a violation of our Second Amendment rights,” stated on participant.

The city violated state law by banning private-party sales of guns at the show, said Don Roberts, organizer of the event.

Waiting as Nelson did, rather than giving advance notice of his last-minute, controversial decision, also placed the vendors in a bad position.  "With the stroke of a pen, Nelson did what we have fought 50 years to avoid!" stated one participant.  "He has stabbed the gun show folks in the back at the last minute - too late to cancel - by declaring there will be no private sales and anyone doing so is subject to arrest." 

The participants were told by Nelson that all sales would have to be through an FFL and a background check would be mandatory.  He issued a memorandum dated April 11, which superceded the one he had written on April 9, with changes and additions causing great concern over the rights of the 2nd Amendment to the U.S. Constitution.

As a result, many of the vendors packed up and left in protest.  With so few vendors left, the show was a flop, and several people talked of suing the city over the matter.

 

The original memo contained only 8 items, which the new one contained 15.  The first began with a request; the second with a demand.  The second version stated that only dealers could purchase or acquire firearms from an unlicensed individual, and that sales by persons who are not licensed dealers shall not be allowed.

 

The controversy continued into the Sequim City Council’s meeting held on April 22, when a number of  citizens showed up to testify about a new “special events” ordinance being proposed.  After the testimony, the council members decided to review the ordinance in depth and make changes before presenting it again.

 

Several of the individuals who testified referred to the gun show incident, and Louis Huber, Chairman of the Board for PNSPA, presented two letters with his testimony, one pointing out the problems which arose at the gun show as a result of the Chief’s actions, and called for an investigation by the Council into his actions.

Huber stated that they organization had held a show the previous year with no problems, and that the actions of the Police Chief caused table holders to cancel, causing loss to the vendors and the sponsor.  “Those that did stay and continue to do business were intimated by the excessive presence of the Chief and his personnel,” Huber stated in the letter.  “Many visitors turned away, as they were under the impression that it would be illegal for them to purchase firearms from private citizens.  This deprived them of their right to own, purchase or dispose of firearms in accordance with the law.”

Huber went on to state that his association suggests certain remedies to “heal the rift” created by Chief Byron Nelson.  “The actions…appear to be solely his own and do not reflect policy established by the mayor, council or city manager,” the second letter states.  He suggests that the actions amount to “Abuse of Office CW 9A.80.010 and RCW 9.41.290 violation of the state preemption law”, and that the mayor, council and city manager should bring charges against the Chief of Police and suspend him from office pending the determination of these charges by our court system.

If convicted, the letter goes on, “we would expect the city mayor, council and city manager to remove him permanently from office.”  The organization also expects a public apology from the city with assurances that subsequent police “will not abrogate our rights or privileges accorded us under state and federal statutes.”

 


 

Following are the items written in the original memorandum dated April 9th, with items in [brackets] being added in the second memo dated April 11.

 

“In reviewing application for a gun show at Guy Cole convention center in Carrie Blake Park, I would like to ask that the applicants adhere to the following requests:

 

1.      During the times that the show is open that there be no less than two security guards as approved by the Chief of Police on duty at all times.

2.      That at night time there be a minimum of 1 Security Guard on duty at all times.

3.      No ammunition or explosives be allowed on or in the premises at any time during this event.

4.      Sales outside of the building proper shall not be allowed.

5.      Persons under the age of eighteen (18) to be accompanied by a parent or legal guardian.

6.      Sales of illegal weapons as defined in the Revised Code of Washington shall not be displayed or sold.

7.      Dealers/sellers shall provide their names, addresses and telephone numbers to the Sequim Police Department prior to the commencement of sales for this event.

8.      Dealers/sellers shall provide the names and addresses of any person purchasing a cancelable firearm at this show along wit the make of the firearm, the caliber and serial numbers of the firearm(s) sold.

 

First Revision issued on April 11, 2002

 

Note:  This memorandum supersedes the memorandum dated April 9, 2002.

In reviewing application for a gun show at Guy Cole convention center in Carrie Blake Park, [as well as as Federal Statutes, the applicants must adhere to the following:

 

1.      During the times that the show is open that there be no less than two security guards as approved by the Chief of Police on duty at all times.

2.      That at night time there be a minimum of 1 Security Guard on duty at all times.

3.      No ammunition [flammables, powers] or explosives be allowed on or in the premises at any time during this event.

4.      Sales outside of the building proper shall not be allowed.

5.      Persons under the age of eighteen (18) to be accompanied by a parent or legal guardian.

6.      Sales of illegal weapons as defined in the Revised Code of Washington shall not be displayed or sold.

7.      Dealers/sellers shall provide their names, addresses and telephone numbers to the Sequim Police Department prior to the commencement of sales for this event.

8.      Dealers/sellers shall provide the names and addresses of any person purchasing a cancelable firearm at this show along wit the make of the firearm, the caliber and serial numbers of the firearm(s) sold.

 

Second Revision, dated April 11, 2002

First Revision issued on April 11, 2002

 

Note:  This memorandum supersedes the memorandum dated April 9, 2002.

In reviewing application for a gun show at Guy Cole convention center in Carrie Blake Park, , [as well as Federal Statutes, the applicants must adhere to the following]:

 

1.       During the times that the show is open that there be no less than two security guards as approved by the Chief of Police on duty at all times.

2.      That at night time there be a minimum of 1 Security Guard on duty at all times.

3.      [ No explosives or flammables shall be allowed on or in the premises at any time during this event.  This includes containers of powder, black or smokeless, but does not include primers or cartridges.]

4.      [All ammunition must be maintained in sealed containers at all times.]

5.      [All guns must be unloaded, tied and the magazines removed.  THIS INCLUDES FIREARMS OF CONCEALED CARRY PERMIT HOLDERS.  THIS REQUIREMENTS DOES NOT APPLY TO PEACE OFFICERS, WHETHER ON DUTY OR OFF.]

6.      [No loaded magazines shall be allowed in the show at any time.]

7.      [All Federal Firearms laws, State Laws and Local Regulations shall be adhered to.  This includes the sale and/or possession of firearms.]

8.      [Dealers must comply with all record keeping requirements of ATF regulations concerning acquisition and disposition of firearms, especially recording the place of sale.]

9.      [Sales tax shall be collected for all retail sales and the point of sale shall be shown as the City of Sequim, location code 0503.]

10.  [Dealers only may dispose of handguns to residents of this state only.]

11.  [Dealers ONLY may purchase/acquire firearms from an unlicensed individual.]

12.  [Sales outside the building proper shall not be allowed.  Sales by persons who are not licensed dealers shall not be allowed.]

13.  Persons under the age of eighteen (18) to be accompanied by a parent or legal guardian.

14.  Sales of illegal weapons as defined in the Revised Code of Washington shall not be displayed or sold.

15.  [A copy of the Dealers Records of Sales shall be forwarded to the sequim Police Department.]

.

Nelson sent his officers to oversee the show, and approximately 14 tables packed up and left as a result.  Brown said the NRA [National Rifle Association] has been contacted, and there is discussion of a potential lawsuit over the matter.

 

 

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