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From the Second Amendment Foundation . . .

In a unanimous decision today, the Washington State Supreme Court has ruled plaintiffs in a lawsuit filed by the Second Amendment Foundation against the City of Edmonds for violating the state’s firearms preemption law, which the Court upheld, have standing to bring the action.

Writing for the Court, Chief Justice Steven C. González stated, “We hold that the plaintiffs have standing and that this ordinance is preempted by RCW 9.41.290. We affirm the Court of Appeals and remand to the trial court for further proceedings consistent with this opinion.”

SAF was joined in the case, known as Bass v. City of Edmonds, by the National Rifle Association and three private citizens, Swan Seaberg, Curtis McCullough and Brett Bass, for whom the lawsuit is named.

The city had adopted a so-called “safe storage” mandate for firearms owners living within Edmonds city limits. But in 1985, the State Legislature adopted the state statute, preempting “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…”

“This is a great victory for the principle of state preemption,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This should send a signal to other municipal governments—especially the City of Seattle against which we have a nearly identical pending lawsuit—that they cannot enact their own gun restrictions in violation of state law or the state constitution.

“We will not tolerate anti-gun politicians who violate the law in order to pass laws to restrict our rights,” he added.

In his ruling, Chief Justice González stated, “We decline to limit the preemption statute to firearms’ transactions and active use. That limitation is simply not consistent with the words of the statute as a whole.” A few lines later, he added, “The legislature plainly meant to broadly preempt local lawmaking concerning firearms except where specifically authorized in chapter 9.41 RCW or other statutes…Accordingly, we hold that this ordinance is preempted by state law.”

“Washington adopted state preemption nearly 40 years ago,” Gottlieb said, “and we will defend it vigorously, because it is plain common sense. We’re grateful the state’s highest court unanimously shares that opinion. This is another example of SAF fulfilling its mission to win firearms freedom one lawsuit at a time.”

 

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36 COMMENTS

    • I have to wonder if the posters calling themselves Dacian and Minor 49IQ are actually some of our regulars who post just to stir things up. I mean normal human beings with an IQ above 50 don’t act like that.

      • Been a while since I’ve seen anything from Miner. I kinda miss ‘ol Vladdie.

        And I still miss Hail…but muh aim is getting better. 🙂

        • Bahahahahaha. Man you’re funny!

          Oh, also, where were you on 1/6 Freedom Day?

      • dacain was doxxed. I’ve been to his facebook. He’s the real deal. So stupid it’s painful to watch sometimes.

        miner? Who knows.

        • You were told you would receive a ‘permanent ban’ if you kept up all the white supremacy stuff. It had nothing to do with your supposed ‘doxxing’ of Dacian, or any other poster for that matter. Man you’re a bitchmade 🤡.

        • Miner probably had to take a break. Lying that much for a regime that doesn’t give a rat’s ass about you has to wear on you after awhile.

    • Oh, they’ve been trying that for a while. But even in a deep blue septic tank like WA they can’t even get motion on that.

      • Just so that you know, Washington is actually a red state. there are 39 counties in Wa. Only 3 of the counties are Blue, King/Pierce and I think Snohomish County are blue, however they have a large population base which screws the rest of the state. The other 36 Counties are blood red.

        • Similar to Oregon and rural California. I used to be a big proponent of “majority rule” but now I think it’s just stupid that if 51% of the people go insane the other 49% are dragged along with them. Not sure of the solution to that problem; super-majorities required to pass any legislation?

        • And Illinois and Ny and Mn, Mo, Co, and Ohio and ………………… Every state that has a large urban demtard run city (and an NFL/NBA team). n

  1. Next up, the SCOCA (Supreme Court of CA) unanimously knocks down all the State’s gun controls laws as infringements against the USC, and therefore “repugnant, null, and void”. The POTG rejoice. The Leftards scream to the sky…

    (snorts, blinks eyes, awakens from nap, realizes it was only a dream…)

  2. Was the SAF around when the pole smoking Polis trashed preemption in Colorado? Rhetorical question. I will research on my own. Anyhow great work SAF and Mr. Gottlieb.

    • Somebody else got a case in first on bad merits with half effort and screwed everybody else over by losing. That’s actually a very interesting false flag tactic that could be used against us – create a losing precedent to make it harder or impossible for real gun people to get a new case started.

  3. Next up – and I believe the suits have already been filed, for the recent flurry of gun-hating legislation signed by Gov. Inslee in Olympia – “ghost guns”, magazine limits, etc. However, despite their correct and unanimous ruling on state preemption (they really couldn’t rule any other way) the Washington Supreme Court is still loaded with liberals, and I’d be surprised to see any of these new laws struck down. The main hope there (and it’s very iffy) would be for the Ninth Circuit to strike them at the Federal level, and I wouldn’t hold my breath there for a favorable en banc ruling.

  4. That did not agree with the same court’s previous finding that the city of Seattle could impose special taxes on firearms and ammo.

    • Coincidentally I have 2 fakebook friends in Washington. One is a school chum who’s armed up. The other lives across from Portland. Umarmed & clueless. I doubt either is aware of this. But cool nonetheless😎

    • They went for the “it’s a tax, not gun control” lie on that one. Not like it’s obvious from that definition that any and all local regulation of guns, whatever the type or purpose, was preempted.

      It reads like the legislature that passed the preemption clause tried to make it ironclad, but it’s impossible to fully account for all the ways future legislatures will try and subvert your words/intent.

  5. There needs to be civil rights violation lawsuits against the city leaders that cost them money personally.
    That’s the only this sheet ends.

  6. Now if they can only get the State Supremes to VOID the pending Magazine size restriction ban . . . .this needs to ruled upon at a Federal Supremes Level as well.

  7. Let’s face it. Those council members for the city of Edmonds, WA knew this was a violation of the state’s preemption law. Where are the punitive damages for civil rights violations? Nothing will change unless the feds file civil rights violations and set a trial date. These liberal council members also need to be sued civilly and need to be spanked hard in the wallet.

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