Aaron1124
Regular Member
imported post
State Preemption says:
"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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
Which means the city, town, county, or municipality may not create ordinances which are more restrictive than State Law. That does not mean State property, such as State Parks, can not ban firearms, correct?
Here's an email I received a while back regarding this topic:
"The short answer is no—the preemption statute does not apply to state agencies. A state agency could not, however, criminalize the possession of firearms– the Legislature would have to do that. Although it’s not possible to predict how a court would view specific agency rules limiting firearms, there are certainly examples where agencies have done so. I am pasting a longer explanation from staff that provides some case history and examples that may be of interest to you."
Does that mean a state agency could create an ordinance that would hold as much weight as a private business restricting firearms, and simply trespass you if you refuse to leave? Are there any state agencies, that any of you are aware of, that actually prohibit firearms on their property?
Oh, and not to mention, Washington State Supreme Court is exempt from having to provide a lock box for a firearm, because it's not a Municipal or County court.
State Preemption says:
"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."
Which means the city, town, county, or municipality may not create ordinances which are more restrictive than State Law. That does not mean State property, such as State Parks, can not ban firearms, correct?
Here's an email I received a while back regarding this topic:
"The short answer is no—the preemption statute does not apply to state agencies. A state agency could not, however, criminalize the possession of firearms– the Legislature would have to do that. Although it’s not possible to predict how a court would view specific agency rules limiting firearms, there are certainly examples where agencies have done so. I am pasting a longer explanation from staff that provides some case history and examples that may be of interest to you."
Does that mean a state agency could create an ordinance that would hold as much weight as a private business restricting firearms, and simply trespass you if you refuse to leave? Are there any state agencies, that any of you are aware of, that actually prohibit firearms on their property?
Oh, and not to mention, Washington State Supreme Court is exempt from having to provide a lock box for a firearm, because it's not a Municipal or County court.