Politics

Gun rights ruling in Washington state says city rules can’t conflict with state law on firearms storage

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The Washington state Supreme Court ruled unanimously that an ordinance in the city requiring that all firearms be locked up and kept completely away from unauthorized hands is pre-empted by state law.

The ruling upheld a ruling from last year by a three-judge state of appeals panel in the case that was sparked by a lawsuit.

Three residents filed suit against the city of Edmonds after the city approved a July 2018 ordinance requiring all residents to lock up their firearms or face fines for failing to do so.

“Under our system of divided government, many elected bodies hold legislative power, including elected city councils. These councils, however, must legislate within constitutional constraints,” said Chief Justice Steven González, as he was joined by the eight other justices.

“One of those constraints is that city ordinances must not ‘conflict with general laws’ that have been enacted by the people of our state by initiative or by our state legislature.” 

A similar statewide ballot measure that passed later that same year regarding gun safety does not require that a firearm be stored in a certain way or place, but it created criminal penalties for when a gun is not properly stored and is then accessed by someone who is not allowed to possess a firearm – like a child – and is used to injure or kill, displayed in public in an intimidating manner, or used during a crime. 

The Second Amendment Foundation, which, in addition to the National Rifle Association, was part of the suit against the city, said that the ruling should send a message to other local governments considering taking a similar action.

“We will not tolerate anti-gun politicians who violate the law in order to pass laws to restrict our rights,” said Alan Gottlieb, the founder of the foundation and its current executive vice president, in a written statement.

ARTICLE: ELIZABETH HERTZBERG

MANAGING EDITOR: CARSON CHOATE

PHOTO CREDITS: AL.COM

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