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NRA, SAF File Lawsuit Against City of Seattle Over Gun-Storage Ordinance

The National Rifle Association, Second Amendment Foundation and two Seattle residents are suing the city over its recently passed legislation requiring the safe storage of firearms within the city limits. Also included as defendants in the lawsuit are Mayor Jenny Durkan, the Seattle Police Department, and Seattle Chief of Police Carmen Best.

The lawsuit filed Friday in King County Superior Court says that the safe storage requirement violates Washington state law, which prevents cities from regulating guns.

"Seattle simply can't break the law to adopt an ordinance as a political statement," Bellevue, Washington-based Second Amendment Foundation founder Alan Gottlieb said in a statement.

Earlier this month, the Seattle City Council unanimously passed the legislation proposed by Mayor Jenny Durkan to require gun owners to lock up their firearms.

Durkan signed the legislation Wednesday, with the law set to take effect in January.

In 2010, Seattle introduced a ban on firearms in city parks. The NRA and Second Amendment Foundation sued the city, and the law was ultimately ruled unconstitutional.

Last year, however, the Washington state Supreme Court ruled in favor of Seattle's tax on guns. The ordinance imposed a tax of $25 per firearm and 2 or 5 cents per round of ammunition. It raised $93,000 last year.
 link to www.washingtonpost.com

NRA, others sue Seattle over gun-storage law

by Associated Press July 20 at 7:20 PM

SEATTLE The National Rifle Association, Second Amendment Foundation and two Seattle residents are suing the city over its new gun-safety law.

The lawsuit filed Friday in King County Superior Court says that the safe storage requirement violates Washington state law, which prevents cities from regulating guns, the Seattle Times reported.

"Seattle simply can't break the law to adopt an ordinance as a political statement," Bellevue, Washington-based Second Amendment Foundation founder Alan Gottlieb said in a statement.

Earlier this month, the Seattle City Council unanimously passed the legislation proposed by Mayor Jenny Durkan to require gun owners to lock up their firearms.

Durkan signed the legislation Wednesday, with the law set to take effect in January.

The law says a gun owner could be fined up to $500 if a firearm isn't locked up, up to $1,000 if a minor, "at-risk person" or unauthorized user accesses the weapon and up to $10,000 if someone uses the weapon to injure someone or commit a crime.

The lawsuit was expected by pro gun-control groups including the nonprofit Everytown for Gun Safety and the law firm Orrick LLP, whose officials said previously they would represent Seattle at no charge.

"Frankly, this is no surprise," City Attorney Pete Holmes said in a statement. "The Mayor and Council are trying to prevent children from accessing guns with this Safe Storage legislation. If the NRA and SAF want to be on record fighting responsible gun ownership, that's their choice."

Seattle residents Omar Abdul Alim and Michael Thyng are plaintiffs in the case and cite a fear of home invasions for keeping their firearms unlocked.

In 2010, Seattle introduced a ban on firearms in city parks. The NRA and Second Amendment Foundation sued the city, and the law was ultimately ruled unconstitutional.

Last year, however, the Washington state Supreme Court ruled in favor of Seattle's tax on guns. The ordinance imposed a tax of $25 per firearm and 2 or 5 cents per round of ammunition. It raised $93,000 last year.


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 link to washingtonstatewire.com

NRA, SAF file lawsuit against City of Seattle over gun safety ordinance

Emily Boerger July 20, 2018

The Second Amendment Foundation (SAF), the National Rifle Association (NRA), and two Seattle residents have filed a lawsuit against the City of Seattle over its recently passed legislation requiring the safe storage of firearms within the city limits. Also included as defendants in the lawsuit are Mayor Jenny Durkan, the Seattle Police Department, and Seattle Chief of Police Carmen Best.

Last week, the Seattle City Council unanimously passed gun safety legislation that would make it a civil infraction and impose fines on individuals who do not store their firearms properly. The newly-filed lawsuit argues that this ordinance is unenforceable based off a state law that prohibits municipalities from regulating the possession of firearms.

"The City of Seattle has been trying to erode state preemption almost from the moment it was passed back in 1985," said SAF Founder and Executive Vice President Alan M. Gottlieb in a statement. "When the city tried to ban guns from city parks facilities under former mayors Greg Nickels and Mike McGinn, SAF and NRA joined forces with other organizations to stop it, under the state preemption statute. We should not have to repeatedly remind Seattle that they are still part of Washington State and must obey the law."

Prior to the passage of the legislation, the threat of state preemption was discussed by the city council. However, Councilwoman Lorena Gonzalez told the council that she believed the legislation would not be impacted by preemption, saying,

"We believe we are on good footing to defend this in a lawsuit based on preemption, [because the legislation] does not regulate what a person does with a gun on their person, but how it is kept."

In response to the lawsuit, Durkan tweeted,

"We are taking urgent action to save lives, and the NRA and SAF want to stop it. We will prevail and will continue to push for more protection for our children and community. While they go to court - kids go to the hospital."

Everytown for Gun Safety's litigation team, along with Orrick LLP, have already pledged to represent the City of Seattle pro bono for any litigation resulting from the new ordinance.

RCW 9.41.290 State preemption. 21.Jul.2018 03:06

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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. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.