Judge Says Edmonds, WA ‘Safe Storage’ Rule Violates Firearms Preemption Law
BELLEVUE, WA – -(AmmoLand.com)- A Snohomish County, WA Superior Court judge has ruled that a 2018-passed ordinance in the City of Edmonds requiring so-called “safe storage” of firearms “impermissibly regulates firearms in violation” of Washington’s 36-year-old preemption law, in a lawsuit filed by the Second Amendment Foundation and National Rifle Association.
SAF and NRA are joined by three private citizens, Brett Bass, Curtis McCullough and Swan Seaberg.
Judge Anita Farris handed down the ruling, possibly setting the stage for a state Supreme Court showdown. In a separate case, filed by SAF and NRA against the City of Seattle in neighboring King County, a different judge ruled the opposite. That case is now before the State Court of Appeals.
“We’re encouraged by the judge’s ruling,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Judge Farris’ ruling confirms what we’ve argued all along, that under the state preemption law, first adopted in 1983 and strengthened in 1985, the Legislature has sole authority over firearms regulation in the state.”
The preemption statute is designed to create statewide uniformity in firearms regulation, he noted. Allowing municipalities to chip away at the law by adding a storage requirement simply cannot be permissible, he added.
The judge denied the city’s request in the SAF/NRA summary judgment victory to stay the decision until it can be appealed. Gottlieb noted that Judge Farris was having none of it. The judge explained that part of the “stay test” requires showing a reasonable probability of success on the merits, and she saw no possibility of success for the city on appeal. She described it as “not a close call.”
“Michael Bloomberg’s gun control lobbying group has been supporting similar restrictive local laws all over the country,” Gottlieb stated. “This victory will help stop this across the country. Preemption uniformity was a good idea in the 1980s and it is still the most commonsense way to deal with firearms regulation,” Gottlieb observed. “What is the law in one part of a state should be the law in all parts of that state.”
Under the judge’s order, pending appeal, a permanent injunction will take effect against the Edmonds storage ordinance, and if an appeal is unsuccessful, that requirement must be repealed.
Plaintiffs are represented by attorneys Stephen Fogg and Eric Lindbergh with Corr Cronin LLP of Seattle.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
The post Judge Says Edmonds, WA ‘Safe Storage’ Rule Violates Firearms Preemption Law appeared first on AmmoLand.com.
Get our Free Ebook, "Suppressed Health Secrets" with Natural Cures THEY don't want you to know!
APeX - Far superior to colloidal silver! Destroys Viruses, Bacteria, Pathogens with Oxygen plus Silver!
Supreme Fulvic - Nature's most important supplement! Vivid Dreams again!
Ultimate Curcumin - Natural pain relief, reduce inflammation and so much more.
pathogens and gives you more
energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Organic Hemp Extract (CBD) - Full Spectrum high CBD (3300mg) hemp extract eases stiff joints, relieves stress and more!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video)
FINAL WARNING! Diseases are EXPLODING! Watch this Video about APeX and You'll THROW AWAY Your Colloidal Silver! APeX destroys Viruses, Bacteria and other Pathogens with the power of Oxygen PLUS Silver! Nobody else has a product like THIS! See why the inventor hasn't been sick in 16 years and why you'll never hear about it on the FAKE NEWS! Get some now and tell your friends about it too so we can reach more people!