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Thread: Attorney General has issued Opinion Number 2008 - 8 (State Preemption)

  1. #1
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    The Attorney General has issued Opinion Number 2008 -- 8 that defines
    state preemption as it applies to Mayor Nickels attempt to ban guns on
    Seattle city property.

    In a nutshell, the AG says "preemption means preemption."

    The AGO reads in part:

    The question: "Does a city in Washington have the authority to enact a
    local law that prohibits the possession of firearms on city property or
    in city-owned buildings?"

    The answer: "The answer to your question is no. RCW 9.41.290 "fully
    occupies and preempts the entire field of firearms regulation" and
    preempts a city's authority to adopt firearms laws or regulations of
    application to the general public, unless specifically authorized by
    state law. Accordingly, RCW 9.41.290 preempts a city's authority to
    enact local laws that prohibit possession of firearms on city property
    or in city-owned facilities."

    He then uses a dozen pages of legalese to explain why the Cherry and
    PNWSPA cases (state Supreme Court decisions that went against us) do not
    apply here.

    AG Opinions are published on the AG's web site at
    www.atg.wa.gov/uploadedFiles/Another/About_the_Office/AGO_Opinions/AGO_Opinion_Archives/Indices%20Yearly%20Report%202007.pdf

    AGO 2008-8 is not posted yet, but should be shortly.

  2. #2
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    There's already a thread on this.

  3. #3
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    Didnt see it............sorry

  4. #4
    Regular Member just_a_car's Avatar
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    For those that did miss it, it's here: http://opencarry.mywowbb.com/forum55/17272-1.html
    B.S. Chemistry UofWA '09
    KF7GEA

  5. #5
    Regular Member DEROS72's Avatar
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    I saw this in the Times .Emperor Nichols said he is going ahead with the plan anyway.For public safety he states.

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