Washington Ceasefire - Attorney General Issues Opinion Barring Seattle Mayor from Imposing Gun Bans

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CITIES AND TOWNS – FIREARMS – PREEMPTION - Authority of city to enact a local law prohibiting possession of firearms on city property or in city-owned facilities.
 
RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.

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October 13, 2008

 Honorable Bob Morton
State Senator, 7th District
P. O. Box 40407
Olympia,  WA  98504-0407
Honorable Kevin Van De Wege
State Representative, 24th District
P. O. Box 40600
Olympia,  WA  98504-0600

 

 

 

Cite As:
AGO 2008 No. 8

 

 



 
 

Dear Senator Morton and Representative Van De Wege:
 
            By letter previously acknowledged, you have asked the following paraphrased question:
 
            Does a city in Washington have the authority to enact a local law that prohibits possession of firearms on city property or in city-owned facilities?

BRIEF ANSWER

            The answer to your question is no.  RCW 9.41.290 “fully occupies and preempts the entire field of firearms regulation” and preempts a city’s authority to adopt firearms laws or regulations of application to the general public, unless specifically authorized by state law.  Accordingly, RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.



Last Updated ( Friday, 17 October 2008 )