Can Cities Make Their Own Gun Laws in Washington State?

Published on October 2, 2021
Duration: 8:45

In Washington State, RCW 9.41.290 establishes state preemption over firearms regulation, meaning cities and municipalities cannot enact their own gun laws that are more restrictive than state law. While municipalities can regulate zoning for firearms businesses and restrict firearms in specific locations authorized by RCW 9.41.300, they cannot create additional prohibitions on possession, purchase, or transfer. Past attempts by cities to impose stricter regulations have been struck down by courts, reinforcing the strength of state preemption.

Quick Summary

In Washington State, cities cannot create their own gun laws that are more restrictive than state law due to RCW 9.41.290, the state preemption law. This statute fully occupies the field of firearms regulation, ensuring uniform laws across the state and preventing local ordinances from imposing additional prohibitions or exceeding state requirements.

Chapters

  1. 00:03Introduction to Washington Gun Law TV
  2. 00:08Question: Can Cities Make Their Own Gun Laws?
  3. 00:31Call to Action: Like, Subscribe, Comment
  4. 00:56The Issue: Municipal Gun Laws
  5. 01:25Diversity in Washington State
  6. 02:12Answer: State Preemption Law
  7. 02:18RCW 9.41.290 Explained
  8. 02:53Limitations on Municipalities
  9. 03:31Meaning of State Preemption
  10. 04:10Authorized Local Restrictions (RCW 9.41.300)
  11. 04:33Zoning for Firearms Businesses
  12. 05:19Municipalities Cannot Further Restrict Firearms
  13. 05:27Case Law: Municipal Attempts to Impose Restrictions
  14. 05:43City of Renton Case (1983)
  15. 06:07Mootness with RCW 9.41.300
  16. 06:20City of Seattle Park Ban Case (2010)
  17. 06:44City of Edmonds Safe Storage Case
  18. 07:07Ammunition Taxes: Seattle and Tacoma
  19. 07:35Bottom Line: State Preemption Protects Rights
  20. 08:08Further Questions and Contact Information
  21. 08:22Conclusion: Know the Law

Frequently Asked Questions

Can cities in Washington State make their own gun laws?

No, in Washington State, cities and municipalities generally cannot make their own gun laws that are more restrictive than state law. RCW 9.41.290 establishes state preemption, meaning the state fully occupies the field of firearms regulation. Local ordinances must be specifically authorized and consistent with state law.

What is Washington State's preemption law regarding firearms?

Washington State's preemption law, specifically RCW 9.41.290, dictates that the state fully occupies and preempts the entire field of firearms regulation. This ensures uniform laws across the state, preventing cities and counties from enacting their own, more restrictive, gun ordinances.

What types of firearm regulations can cities enact in Washington?

Cities in Washington can enact firearm regulations only if they are specifically authorized by law and consistent with state statutes. This typically includes zoning restrictions for firearms businesses and regulations for specific prohibited locations as outlined in RCW 9.41.300, but not broader prohibitions on possession or purchase.

Have local attempts to create stricter gun laws in Washington been successful?

No, most attempts by Washington cities to create gun laws more restrictive than state law have been unsuccessful. Cases involving ordinances from Seattle and Edmonds have been struck down by courts for violating state preemption, reinforcing that local governments cannot exceed state firearm regulations.

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