imported post
Aaron,
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.
Sincerely,
Rachel
_________________________________________
Rachel Smith
Legislative Assistant to Rep. Dave Upthegrove
Phone: (360) 786-7868
Webpage: http://hdc.leg.wa.gov/members/upthegrove/index.asp
Legislative Hotline: 1-800-562-6000
The preemption section, by its own terms, applies only to local jurisdictions. Under the state constitution, local jurisdictions have the authority to adopt and enforce public safety and health laws unless in conflict with the general laws of the state. RCW 9.41.290 expresses the Legislature's intent to limit the authority of local jurisdictions to pass firearms laws. Although this preemption language is fairly broad, in two cases the Washington Supreme Court has upheld local firearms policies or regulations against a challenge that they were preempted by RCW 9.41.290. In the first case,
Cherry v. Municipality of Metropolitan Seattle, 116 Wn.2d 794 (1991), the Court held that RCW 9.41.290 is not preemptive of the authority of a municipal employer to regulate or prohibit a municipal employee's possession of firearms while on the job or in the workplace. The Court determined that the Legislature, by adopting the preemption statute, intended to eliminate a multiplicity of local criminal laws relating to firearms and to advance uniformity in criminal firearms regulation, and that the "laws and ordinances" preempted are laws of application to the general public, not internal rules for employee conduct. In a more recent case,
Pacific Northwest Shooting Park Association v. City of Sequim, 158 Wn.2d 342 (2006), the Court upheld the authority of the city of Sequim to impose conditions on the sale of firearms at a gun show being held in the city's convention center. The conditions imposed by the city were a part of a permit for private use of its property, and were not laws or regulations of application to the general public.
State agencies are generally given the authority to adopt rules to administer their programs. The Washington State Parks and Recreation Commission has adopted a rule that generally prohibits the discharge of firearms in upland state park areas (WAC 352-32-120). Many universities and colleges have adopted rules prohibiting possession of firearms on campuses, and other state agencies have adopted rules prohibiting firearms in certain places (e.g., Office of Administrative Hearings facilities, facilities operated by the Washington State School for the Blind or School for the Deaf, grounds of horse racing associations, and licensed child care centers). I am not aware of any legal challenges to these rules. As to whether or not the Washington State Parks and Recreation Commission could adopt a rule prohibiting possession of firearms on state parks, I do not know whether a challenge to the rule would be upheld.
