Re: Federal Way City Code Firearms Provisions

Dear Mr. Walls:

We have reviewed the correspondence between the City of Federal Way and our client.  Your letter to Mr. Beasley dated February 26, 2008 misstates the state preemption law. Your statement that RCW 9.41.290 “only applies to the regulation of firearms themselves” and “excludes regulations that only secondarily affect firearms… that do not embody a punitive regulation” ignores the broad language of the state preemption statute:

“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, or any other element relating to firearms or parts thereof, including ammunition and reloader components.”

Emphasis added.

The fact that the above referenced statute references RCW 9.41.300 raises the issue of why the legislature has specifically delineated certain areas as restricted while prohibiting restriction in other areas that are clearly under the control of municipalities:

“a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public…”

RCW 9.41.300 (1)(a)

The language indicating that restricted access areas do not include common areas of egress or ingress open to the general public clearly relates to common areas that are used by the public to access municipal facilities of a jail or law enforcement facility. Nevertheless, “municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law.” Therefore the public cannot be prohibited from carrying firearms in parks and other areas that are under the control of a municipality unless such areas are enumerated within RCW 9.41.300.