Washington Statewide Rule
Washington Firearms Local Preemption Statute
Key Facts
- Rcw
- RCW 9.41.290 is broad statewide firearms preemption
- Only Washington Legislature
- Only Washington legislature may regulate firearms
- Local Registration And
- Local registration and licensing schemes are void
- Limited Exception For
- Limited exception for discharge within city limits
- Civil Liability Available
- Civil liability available against violating jurisdictions
Summary
Washington RCW 9.41.290 broadly preempts local firearm regulation, reserving authority over firearm laws to the state legislature with very limited exceptions.
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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
Full Breakdown
Under RCW 9.41.290, the state of Washington fully occupies and preempts the entire field of firearms regulation within state boundaries. Cities, counties, towns, and other municipalities may not enact or enforce laws related to firearms registration, licensing, possession, purchase, sale, transfer, transportation, ammunition, or component parts. Only the state legislature may regulate these matters, ensuring uniform firearm laws statewide. Limited exceptions allow local restrictions on discharge of firearms within municipal limits and possession in stadiums or convention centers. Local ordinances inconsistent with state law are void and unenforceable.
Violations & Penalties
Local ordinances violating preemption are unenforceable and may be challenged in court. Cities adopting invalid firearm laws face injunctions and civil liability under RCW 9.41.0975.
Frequently Asked Questions
Can a Washington city ban handgun possession in city parks?
What firearm matters can localities regulate?
Does preemption apply to charter cities?
Sources
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