ANOTHER VICTORY FOR STATE PREEMPTION GUN LAWS

ANOTHER VICTORY FOR STATE PREEMPTION GUN LAWS

BY DAVE WORKMAN for American Handgunner

More than 40 states have “preemption” laws that place all authority for regulating firearms in the hands of the state legislature. However, a state appeals court panel in one of the states that pioneered preemption recently handed down a unanimous ruling that reinforced the regulatory approach.

It drove anti-gunners nuts, because they have been trying to erase such laws across the country. Preemption statutes bring uniformity to state gun laws, while the gun prohibition lobby much prefers an environment in which local municipalities or county commissions set their own gun regulations. These will invariably be confusing, and in many cases, conflicting from one jurisdiction to another. This discourages people from owning guns or carrying them, which is exactly what gun control extremists want.

This case happened in Washington, where the National Rifle Association and Second Amendment Foundation (SAF) teamed with three individual citizens to challenge a so-called “safe storage” ordinance in the City of Edmonds. The case is known as Bass v. Edmonds. Washington was a “pioneer” state for such a law, and it has been unpopular with the gun control crowd.

What’s disturbing about this case is the office of the Attorney General isn’t leading the charge. After all, the city is challenging the state statute, which Democrat Attorney General Bob Ferguson is supposed to enforce. Instead, two gun rights organizations are doing his job.

The three-judge appeals court panel consisted of Acting Chief Judge Beth Andrus, who authored the opinion, and Judges Bill Bowman and Lori Kay Smith. 

Edmonds adopted the requirement that all firearms be locked and unloaded, and set penalties for violations, in direct defiance of Washington’s 36-year-old preemption statute. That law has been used as a model for similar laws in other states, and it has been used in the past to strike down a gun ban in city park facilities in Seattle. 

Incidentally, Seattle adopted a similar ordinance prior to Edmonds, and both the NRA and SAF are also challenging that one in court. That case is known as Alim v. City of Seattle.

Edmonds and Seattle are in neighboring counties, which makes this drama that more interesting to watch. Pretty certain there will be more episodes. 

Source:
https://www.heraldnet.com/news/appeals-court-says-edmonds-cant-enforce-safe-storage-gun-law/

What’s Not to Understand?

State preemption statutes are typically easy to understand because the concept is simple: The state is in charge and smaller jurisdictions must keep their hands off.

The city contended the statute is “ambiguous as to its application to ordinances which regulate the storage of firearms…” The court’s reaction to this was terse: “We disagree and conclude that the legislature’s express preemption of ‘the entire field of firearms regulation’ is unambiguous and necessarily extends to regulations of the storage of firearms.” 

Here’s what Washington’s statute 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.”

Who could read that and not immediately understand what it says, and means? Well, perhaps with the exception of Edmonds officials and their legal team, of course.

Sources:
https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.300

For a much deeper dive in the article, visit American Handgunner