cynicist
Regular Member
imported post
The city of Sunnyside makes "chako sticks" (nun-chukus) illegal. State preemtion says city laws can't be stricter than state. Does this clause from the RCW apply to non-firearm weapons too?
"Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
I noted that it said "firearms" at one point, but then it mentions "chapter" (9.41 - covering weapons in general) and then the general "Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted." Does this mean that since RCW 9.41.250 doesn't ban nunchucks, the city doing so is "more restrictive" and thus repealed?
The city of Sunnyside makes "chako sticks" (nun-chukus) illegal. State preemtion says city laws can't be stricter than state. Does this clause from the RCW apply to non-firearm weapons too?
"Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
I noted that it said "firearms" at one point, but then it mentions "chapter" (9.41 - covering weapons in general) and then the general "Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted." Does this mean that since RCW 9.41.250 doesn't ban nunchucks, the city doing so is "more restrictive" and thus repealed?