Likely legal arguments for Seattle’s latest gun control proposal

Likely legal arguments for Seattle’s latest gun control proposal

Seattle will have to get over a pretty big hurdle to enact its own legislation on guns — the state preemption law. (AP Photo/Jae C. Hong, File) Seattle is considering another gun control regulation. It has yet to pass, but former Washington Attorney General Rob McKenna says that one thing is certain. “Looks like Seattle is headed for litigation, yet again,” McKenna told KTTH Radio’s Jason Rantz . “That would be a pretty safe bet.” RELATED: Mayor Durkan proposes new firearm regulation for Seattle Seattle Mayor Jenny Durkan has proposed new gun control regulations for the city. The council is currently considering it. In short, it requires firearm owners to safely store their weapons. There are penalties if they do not report lost or stolen guns. And there are additional penalties if their gun is used in a crime. If and when this latest gun control measure passes in Seattle, McKenna says there are a few likely legal arguments that will arise when the city defends it in court. Preemption clause for gun control There is a preemption clause commonly cited in Washington — RCW 9.41.290 . It essentially states that local jurisdictions — cities and counties — cannot enact gun control laws that are more strict than the state. The full text states: The state of Washington hereby fully occupies and preempts 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, […]

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Likely legal arguments for Seattle’s latest gun control proposal

Likely legal arguments for Seattle’s latest gun control proposal

Seattle will have to get over a pretty big hurdle to enact its own legislation on guns — the state preemption law. (AP Photo/Jae C. Hong, File) Seattle is considering another gun control regulation. It has yet to pass, but former Washington Attorney General Rob McKenna says that one thing is certain. “Looks like Seattle is headed for litigation, yet again,” McKenna told KTTH Radio’s Jason Rantz . “That would be a pretty safe bet.” RELATED: Mayor Durkan proposes new firearm regulation for Seattle Seattle Mayor Jenny Durkan has proposed new gun control regulations for the city. The council is currently considering it. In short, it requires firearm owners to safely store their weapons. There are penalties if they do not report lost or stolen guns. And there are additional penalties if their gun is used in a crime. If and when this latest gun control measure passes in Seattle, McKenna says there are a few likely legal arguments that will arise when the city defends it in court. Preemption clause for gun control There is a preemption clause commonly cited in Washington — RCW 9.41.290 . It essentially states that local jurisdictions — cities and counties — cannot enact gun control laws that are more strict than the state. The full text states: The state of Washington hereby fully occupies and preempts 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, […]

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