Joe is covering what’s happening in Seattle right now. Much like us here in Pennsylvania, the Washingtonians have a preemption fight on their hands. The instigator got ousted in his primary, but his successor, just elected last Tuesday, is vowing to continue the fight. Washington’s preemption statute is even more unambiguous than Pennsylvania’s. From the Revised Code of Washington, 9.41.290:
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 RCWÂ 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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
Seattle’s ordinance banning guns on city property, including parks, is pretty clearly illegal. Hopefully this ordinance won’t last very long.
See also RCW’s 9A.36.070 (Coercion) and 9A.80.010 (Official Misconduct), both of which are CRIMINAL violations which, when this illegal ordinance is overturned, should mean criminal charges ought to come to bear upon those responsible for its implementation.
Yeah…like that’ll ever happen.
There’s also an argument for federal charges of violating 18 USC sec’s 241 (conspiracy against rights) and 242 (deprivation of rights under color of law). Sec 241 is a FELONY (based upon it’s potential penalty of ten years imprisonment)