Patch
Regular Member
imported post
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.
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.
