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Proposed Bill In The Legislature 2

shad0wfax

shad0wfax

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Oct 11, 2008
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Location
Spokane, Washington, USA
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I'm not an attorney, nor am I a politician, but it looks pretty good. If I were a politician I'd sign off on it.

(It does have a bit of "death by commas" but it read like any other law on the books;) )
 
G

grishnav

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Jan 31, 2008
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Seattle, Washington, USA
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It's a great effort, but I fear it's less clear than the current law.

I'd try to keep it simple. Stick to filling in what we know is missing right now and work on separating it out better so that the and/or/comma/colon/semicolon mess doesn't accidentally confuse a judge somewhere.

9.41.290 State Preemption

PREEMPTION

(1) The state of Washington hereby fully controls, occupies and preempts the entire field of firearms regulation within the boundaries of the state. Cities, towns, counties, municipalities, municipal agencies, public bodies or municipal bodies of any kind or description whatsoever may enact only those regulations relating to firearms that are specifically authorized by state law and are consistent with this chapter.

(a) "Regulation" is any means of governing, regulating, or controlling conduct, of any kind whatever. Regulations include, but are not limited to; statutes, principals, rules, ordinances, codes, orders, laws, policies, or agreements of any kind whatever.

(b)The field of firearms regulations includes, but is not limited to, 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 reloaded components.

(2)Regulations 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

VIOLATIONS

(1)Any government official, municipal actor, or peace officer who prevents the possession of a firearm of a person who may lawfully possess such firearm in a place not prohibited by law shall be guilty of a gross misdemeanor.

(2)Any government official, municipal actor, or peace officer who engages in a conspiracy to prevent the possession of a firearm of a person who may lawfully possess such firearm in a place not prohibited by law shall upon conviction be guilty of a gross misdemeanor.

(3)Any government official, municipal actor, or peace officer violating the provisions of RCW 9.41.290 shall upon conviction be guilty of a gross misdemeanor.

(4)Any government official, municipal actor, or peace officer who engages in a conspiracy to violate the provisions of RCW 9.41.290 shall upon conviction be guilty of a gross misdemeanor.
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Something similar to this, but written by a legal mind, could also (subtly) create an opportunity for our friends employed by Metro to carry. :)

Of course, suddenly declaring all their contracts invalid under state law might have some ill-conceived side effects... :uhoh:

Oh, and so long as we're dreaming...

CERTAIN RIGHTS GUARANTEED

(1)As this chapter clearly and explicitly guarantees certain statuatory rights, no government official, municipal actor, or peace officer found to be violating any provision of this chaper shall enjoy qualified immunity.
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Well, there's my 3am attempt at giving my 2 cents...
 
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