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Thread: Federal Way Ordinance

  1. #1
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    I was just reading the Federal Way synopsis of open carry that they put out for their officers and was curious about the FW ordinances that are listed at the bottom of the document. Aren't they a violation of state law? Seems like state preemption ONLY allows local governments to pass laws restricting the firing of weapons and restricting non permit holders in certain areas.

    I'm not from FW but has anyone challenged these ordinances?

  2. #2
    Regular Member amlevin's Avatar
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    heresolong wrote:
    I was just reading the Federal Way synopsis of open carry that they put out for their officers and was curious about the FW ordinances that are listed at the bottom of the document. Aren't they a violation of state law? Seems like state preemption ONLY allows local governments to pass laws restricting the firing of weapons and restricting non permit holders in certain areas.

    I'm not from FW but has anyone challenged these ordinances?
    Cities and Counties often "mirror" state law so THEY can prosecute the crime. I only State Law was in force then all crimes covered would have to be prosecuted by the State AG.

    The preemption law says that only laws "more restrictive" are nullified.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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  3. #3
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    amlevin wrote:
    heresolong wrote:
    I was just reading the Federal Way synopsis of open carry that they put out for their officers and was curious about the FW ordinances that are listed at the bottom of the document. Aren't they a violation of state law? Seems like state preemption ONLY allows local governments to pass laws restricting the firing of weapons and restricting non permit holders in certain areas.

    I'm not from FW but has anyone challenged these ordinances?
    Cities and Counties often "mirror" state law so THEY can prosecute the crime. I only State Law was in force then all crimes covered would have to be prosecuted by the State AG.

    The preemption law says that only laws "more restrictive" are nullified.
    More specifically. RCW 9.41.290 states (Bolded emphasis mine):


    ...Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized 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...
    Thus as Amlevin states, local jurisdictions may enact laws that mirrow state laws.

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    I think he is referring to the two ordinance that say you can't carry in a public building and you can't carry into any establishment that serves alcohol. I'm just going off the top of my head, sorry if it is something different. But yes, these repealed because they are stricter than state law. When in doubt, always follow state law. Local laws mean nothing if it were to be brought before a judge.

  5. #5
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    I (sic) only State Law was in force then all crimes covered would have to be prosecuted by the State AG.
    Uh, no. City attorneys and county prosecutors have full authority to prosecute violations of state law. City attorneys misdemeanors only - county prosecutors misdeneanors and felonies.

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