Appeals court knocks down remainder of Edmonds gun storage law

Appeals court knocks down remainder of Edmonds gun storage law

Mayor Mike Nelson originally proposed the gun storage ordinance in 2018 while he was on the city council. In an opinion issued Monday, the Washington State Court of Appeals ruled against the City of Edmonds and in favor of the plaintiffs in the ongoing series of challenges to Edmonds’ gun storage ordinance. Monday’s ruling built upon previous court decisions that declared the safe storage provisions of the Edmonds ordinance invalid by also striking down the unauthorized use provisions, thereby effectively negating the entire ordinance. Proposed by then-City Council President Mike Nelson in July 2018, Ordinance 4120 was subsequently enacted by a 5-to-1 vote of the council (then-Councilmember Neil Tibbott was on vacation and unavailable by phone). There are two functional issues addressed by the ordinance. The first mandates safe storage of firearms (section 5.26.020), and the second addresses and provides penalties for unauthorized use of firearms (section 5.26.030). The latter is intended to address such things as unsecured firearms being used by children, being stolen or being used in a crime. Originally filed in 2018, the suit argued that Edmonds’ ordinance violates Washington State’s preemption statute (RCW 9.41.290) , which grants exclusive authority for gun regulation in Washington to the state Legislature. The suit, brought Edmonds residents Brett Bass, Curtis McCullough and Swan Seaberg, was joined by the National Rifle Association and Second Amendment Foundation . This was followed by a flurry of legal filings on both sides. Plaintiffs continued to maintain that the Edmonds measure violates state law […]

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