• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

State Vs City law on OC

jarhead1911A

New member
Joined
May 3, 2008
Messages
539
Location
, ,
imported post

So someone was trying to tell me that city law over rules state law on OC anyone know anything about this? I always believed that state always over ruled city no matter what.

Please contribute to this and set me straight.
 

just_a_car

Regular Member
Joined
May 28, 2007
Messages
2,558
Location
Auburn, Washington, USA
imported post

Jarhead, your belief is correct:
RCW 9.41.290 State Premption:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

"fully occupies and preempts the entire field of firearms regulation within the boundaries of the state," So no city within Washington State can circumvent that. Period.

IANAL
 

Mainsail

Regular Member
Joined
Apr 24, 2007
Messages
1,533
Location
Silverdale, Washington, USA
imported post

just_a_car wrote:
RCW 9.41.290 State Premption:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state...

Well, a cloud city tethered within, but due to winds is physically outside the boundaries of the state, could regulate the carry and ownership of firearms. The legislators had no foresight.
 

thewise1

Regular Member
Joined
Oct 19, 2007
Messages
383
Location
Moscow, ID
imported post

Mainsail wrote:
just_a_car wrote:
RCW 9.41.290 State Premption:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state...

Well, a cloud city tethered within, but due to winds is physically outside the boundaries of the state, could regulate the carry and ownership of firearms. The legislators had no foresight.
I'm pretty sure that Lando Calrissian would be sympathetic to OC needs with friends like Han Solo.
 

Bear 45/70

Regular Member
Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
imported post

Mainsail wrote:
just_a_car wrote:
RCW 9.41.290 State Premption:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state...

Well, a cloud city tethered within, but due to winds is physically outside the boundaries of the state, could regulate the carry and ownership of firearms. The legislators had no foresight.
RoflLg.gif
 
Top