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Local gun show disrupted by
last-minute 'rule' changes by
Sue Forde, for Citizen Review Online 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He issued a memorandum dated April 11, which superceded the one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.
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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