Three-judge panel grants win to gun owners, strikes down local ordinance in Washington state

Amid growing talk among Democrats of imposing strict new gun control laws under the new Biden administration, supporters of the Second Amendment just won a small but important legal victory in the state of Washington.

This week, a division of the Washington state appeals court struck down a local ordinance regulating how firearms can be stored in owners’ homes, the Washington Free Beacon reported.

State preemption rules the day

According to reports, three lawful gun owners had filed suit against the city of Edmonds, Washington over a local mandate requiring all firearms kept in owners’ homes to be locked and inaccessible at all times when not being carried or actively used. The measure was meant to prevent firearms from being obtained by children, at-risk individuals, or someone prohibited by law from possessing them.

But a three-judge panel of Division One of the Washington State Court of Appeals ruled unanimously this week that the local ordinance was in violation of the state’s broader preemption law regarding firearm regulations.

That preemption law, known as RCW 9.41.290, provides that the state of Washington “fully occupies and preempts the entire field of firearms regulation within the boundaries of the state,” and that “[c]ities, towns, and counties or other municipalities” can only pass firearms laws and ordinances that are in accordance with state law.

The statute goes on to declare that “[l]ocal 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed.” In this case, the judges determined that the Edmonds’ ordinance was “inconsistent with” or “more restrictive than” current safe storage laws in Washington.

A win for gun owners

The National Rifle Association (NRA) had expressed open support for the gun owners’ lawsuit against the city. “Today’s ruling is an important victory for the people of Washington,” Lars Dalseide, spokesman for NRA Washington, said in a statement.

“Hopefully jurisdictions like Edmonds will realize that violating the Washington State Constitution is neither legal nor in the best interest of personal protection,” Dalseide added. “Washington state law prevents local jurisdictions from passing laws that are inconsistent with or more restrictive than state law. We thank the courts for faithfully applying the preemption law and securing the rights of those who choose to protect themselves, their families, and their homes.”

The Second Amendment Foundation (SAF) also supported the lawsuit, and organization founder Alan Gottlieb told the Free Beacon that the legal victory will “help the cause of protecting preemption nationally” against concerted efforts from Democrats to restrict gun rights at the local level.

“We have a very similar suit against the city of Seattle, on an ordinance, that’s almost identically worded as this one,” he said. “It’s going to be extremely helpful for us.”

Unfortunately, even after this legal win, Gottlieb said he doesn’t expect anti-gun Democrats “to slow down and go away.”

“They hate preemption,” he said, according to the Free Beacon.

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13 Responses

  1. First, good for AOC for calling out the Biden administration as she did President Trump, though let’s remember it was Obama that put the children in “cages”. However, what the critics of President Trump’s policies need to realize that when children were “ripped from the arms” of their “parents”, some of those so-called parents were traffickers using the same children over and over to get into the country and get asylum because they had children with them – children that were not their children. Now we have hordes of illegals flooding out borders and how do you vet that many and determine if children are with them, it they are their children or children that are rented or being trafficked. Biden has opened major problems with his so-called border policies which are an invitation to criminals, gangs, traffickers, etc. to pour into our communities when we are already under stress from the pandemic, but why do the Dems care, sitting back in their ivory towers destroying all the good that President Trump has done.

  2. In any city or county of any state that go’s against the state gun laws, the ones going against the laws should be sued and sued real bad. All this is , is the democrats wanting to take away law biding citizens gun rights that we have through the second amendment of our constitution.

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  4. The 2nd amendment was put in place by our founding father for a very good reason back then to now, protection from a goverment that tries to enslave us by any means possiable. Democratic party leaders are so troubled by lawfull firearm owners,these crumbs want to enslave us and we won’t let them, no matter what.

  5. You only have to look at Chicago to realize the Democrats have no damn idea what they’re doing. . Especially when it comes to gun control Chicago has become the murder capital of the world with the countries toughest gun laws . … but of course Democrats want you to believe it’s all hunky-dory and nobody’s dying just like those peaceful protesters killing all those people

  6. The left will do everything in their dirty bag of tricks to take every
    weapon and do so no matter what.
    We habe to fight with every means possible so as not to sucumn to their ways. The founding fathers knew this day would come. That’s why they did what was required. What ever it takes within the law do it now.
    Each and every state following
    Each states guide for the protection of our families and neighbors.
    The law can’t always protect us.

  7. There are very few if any legal guns being used to commit crimes in this country….and many of those are ignored by the commiecrats as their full intent is not safety but control, period. IF they were really concerned they would be attempting to confiscate those illegal guns instead of picking on decent people. They aren’t kidding anyone with their phony rhetoric. Statistics show that IF they handled it properly the U.S. would be at the bottom of the crime list in the world. This was demonstrated years ago when Florida allowed carry in vehicles. Why? The answer was found by a reporter who visited Florida State prison and interviewed criminals who flatly stated they shied away from those who had weapons. Make no mistake, the Demonrats care nothing for the people. They care nothing about what happens to us as long as they get the control they’re after so they can rule rather than represent.

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