Gun Safety Rule Overturned in Washington What happened next

Ever feel lost when local laws seem to clash with state rules? In Washington, such conflicts can create widespread confusion and concern. Understanding the law is crucial to finding clarity. This article highlights a key court ruling, illustrating how state law can preempt local ordinances, paving the way to resolution.

Situation

Specific Situation

In Washington State, there was a legal issue when some people and organizations didn’t like a new rule made by the City of Edmonds. This rule was about keeping guns safely stored, so kids and others couldn’t get them by accident. The city made this rule because there was a really sad event where someone used a gun at a high school nearby, and they wanted to stop things like that from happening again. But, the people who didn’t like the rule said it went against state rules because the state didn’t have a law saying guns must be stored in a certain way. They believed the city’s law was too strict and made things harder for people who owned guns.

Judgment Outcome

The people who didn’t like the ordinance won the case. The court decided that the City of Edmonds’ rule was not allowed because Washington State already had a law, RCW 9.41.290, saying the state is in charge of gun rules. Because of that, the city had to stop making people follow their rule. The court said local rules can’t be stricter than state rules about how to store guns. (Washington No. 99596-6)

Resolution Method

Immediate Actions

If you find yourself in a situation where a local ordinance seems to conflict with state law, the first step is to gather all relevant information about both the local ordinance and the state law. Understanding the specifics of both is crucial. It’s advisable to consult with a legal expert who can provide guidance on whether the local law indeed conflicts with state law. This initial consultation can help you decide on the best course of action and whether pursuing legal action is necessary.

Filing a Complaint

To challenge a local ordinance, you’ll need to file a complaint in the appropriate court. This involves drafting a legal document that clearly outlines how the local ordinance conflicts with state law. It’s important to include all relevant statutes and previous court decisions, like the Bass v. City of Edmonds case, to support your argument. Once the complaint is drafted, it must be filed with the court, and a copy should be sent to the local government. This formal process initiates your legal challenge and requires careful attention to detail to ensure compliance with court procedures.

Negotiation and Settlement Strategies

Before taking the matter to court, it might be worth trying to negotiate with the local government. Sometimes, bringing the potential conflict to their attention can lead to a resolution without the need for litigation. If negotiations do not succeed, mediation could be a next step. Mediation involves a neutral third party who helps both sides discuss the issue and try to reach an agreement. If mediation fails, then pursuing a court decision might be the only option. However, many disputes are resolved through negotiation or mediation, saving time and resources.

FAQ

What is preemption?

Preemption happens when a higher-level law, like a state law, takes priority over a lower-level law, like a city ordinance. This means if both have rules about the same thing, the higher law wins.

Who were the plaintiffs in the case?

The plaintiffs included individuals like Brett Bass, Curtis McCullough, and Swan Seaberg, as well as groups like the Second Amendment Foundation and the National Rifle Association of America.

What was the ordinance about?

The ordinance required people living in Edmonds to store their guns safely so that unauthorized people couldn’t access them. If someone didn’t follow this rule, they could get a fine.

Why did the plaintiffs file the case?

The plaintiffs believed the Edmonds ordinance was preempted by state law, specifically RCW 9.41.290, meaning it wasn’t enforceable because the state had already made rules about firearms.

What is RCW 9.41.290?

RCW 9.41.290 is a Washington state law stating that the state controls all rules about firearms, preventing local governments from making their own conflicting rules.

What does Wash. Const. art. XI, § 11 mean?

This section of the Washington State Constitution allows cities to make local rules, but only if they don’t conflict with state laws, ensuring state laws are always followed first.

What is Initiative 1639?

Initiative 1639 is a law in Washington that, among other things, makes it a crime to store firearms unsafely under certain conditions, though it doesn’t specify exact storage methods.

What is field preemption?

Field preemption occurs when a higher authority intends to control an entire area of regulation, leaving no room for lower authorities to enact conflicting laws.

Who has standing in this case?

The plaintiffs, who own and store firearms, were granted standing because they are directly affected by the ordinance and can show it might harm them.

What was the court’s ruling?

The court ruled that the Edmonds ordinance is preempted by state law, specifically RCW 9.41.290, making it unenforceable.