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Thread: another question on premption

  1. #1
    Regular Member
    Join Date
    Aug 2008
    Yakima County, ,

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    Do state laws generally preempt city laws? For example, would the RCW on weapons at school preempt all city law on the same subject?

    and the second part is, since rcw 9.41.290 only allows city ordinances that are compliant with 9.41.300, and that one covers all weapons, not just firearms, would not the preemption also cover all weapons?

  2. #2

    Join Date
    Mar 2007
    Gone... Nutty as squirrel **** around here

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    State law may or may not preempt local ordinances. It depends on the law and whether the state law is written in a manner to make it take precedence.

    While 9.41.300 does mention other weapons besides firearms, 9.41.290 specifies preemption only in regards to firearm laws in compliance with 9.41.300. So no, the preemption does not extend to other weapons.

    From 9.41.290:
    "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. "

    If it did not specify firearms, or said "weapons" instead, that would be different. But the preemption is limited to firearms only.

  3. #3
    Regular Member amlevin's Avatar
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    Feb 2007
    North of Seattle, Washington, USA

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    It is generally accepted that the "More Restrictive Law/Ordinance" takes precedent but ss 911Boss pointed out 9.41.290 only refers to Firearms in its preemption of other laws or ordinances. It is still possible for cities to restrict other weapons like knives and tasers.

    An example ofthe more restrictive lawwould be:

    The State allows parking on the side of state highways yetcity could restrict that parking to a given number of hours per day.

    Just Firearm regulation is preempted.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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