WA Firearms Preemption Win! ~ Lead Plaintiff Talks as Losers Double Down

AmmoLand News Exclusive Interview

WA Appeals Court Unanimously Upholds Preemption in SAF Lawsuit, iStock-884168778
iStock-884168778

Washington – -(Ammoland.com)- The lead plaintiff in a successful Washington state lawsuit upholding the state’s 35-year-old firearms preemption law has provided a lengthy statement to Ammoland News, explaining his zeal for the case, which resulted in a unanimous ruling by the state Supreme Court.

The case, known as Bass v. City of Edmonds, is named for Brett Bass, a certified firearms instructor and Second Amendment activist. The lawsuit was filed in August 2018 after Edmonds adopted a so-called “safe storage” ordinance that clearly was a challenge to the state preemption statute. Bass called it an “illegal publicity stunt.”

Leading the case where the Second Amendment Foundation and National Rifle Association, joined by Bass and two other private citizens—both Edmonds residents—Swan Seaberg and Curtis McCullough. SAF founder and Executive Vice President Alan Gottlieb told AmmoLand News he was surprised and gratified that the ruling was unanimous.

Washington’s high court is wholly liberal; not a single conservative sits on that bench.

The ruling was signed by Chief Justice Steven C. González, underscoring the gravity of the decision.

In comments sent to AmmoLand News via email, Bass stated;

“I’m grateful to the legal team who did the four years of hard work to lead up to the Washington State Supreme Court’s 9-0 decision. It also needs to be mentioned that this victory would not have been possible without the support of the Second Amendment Foundation and the National Rifle Association of America. I would also be remiss if I didn’t express my appreciation for the sound judgment of the members of the court. Thank you.

“I agreed to serve as plaintiff in this case,” Bass continued, “because I believe that the rule of law is important to our society.  Washington State passed among the first state preemption laws in 1983, serving as a role model of responsible governance in the defense of civil rights that are enumerated in article 1, section 24 of the Washington constitution.  Over the next several decades, a dozen other states followed Washington’s model by fully preempting the ability of counties and municipalities to regulate firearms and another forty preempted smaller subdivisions of government from passing firearms ordinances to some degree.

“In spite of clear and longstanding statutory language in RCW 9.41.290 and members of the city council itself stating that their attempt to regulate firearms storage in the home would not pass legal muster,” he wrote, “activists persuaded the city government to break state law in passing a firearm ordinance. The courts have correctly sided with my argument that this blatant violation of the rule of law is indefensible. Unfortunately, this stunt by the city government wasted years of the judiciary’s time and untold sums of money.”

Brett Bass
Brett Bass

“Most frustrating, however,” Bass revealed, “has been the persistent insistence by some to wrongly frame this case as virtuous and caring Good People who want to save children and dislike mass murders and callous, possibly corrupt Bad People who are in favor of dead children. This is a stunning, hurtful, and disingenuous caricature that is below those entertaining it.”

In a statement to the media quoted by the Seattle Times, Edmonds Mayor Mike Nelson said the ruling “feels barbaric.” He admonished the decision, decrying “The repeated failure of the state and federal government to implement these commonsense safety measures to protect our children from gun violence…”

Nelson added this complaint, quoted by KING, the Seattle NBC affiliate: “On the one hand we can prohibit someone from smoking in a park, but we can’t prohibit them from bringing a handgun into a playground. Does that make sense?”

Gottlieb marveled at this, noting to AmmoLand News there is no right to smoke in a park, but there is a right—protected specifically in both the U.S. & Washington State constitutions—to bear arms.

But Bass explained, “I have worked as a certified rifle and pistol marksmanship instructor for nearly a decade, and I have trained thousands of citizens (including federal and local law enforcement & corrections officers, Marines, sailors, Coast Guardsmen, survivors of domestic violence, and others) in the safe, lawful, and effective use of firearms in the context of self-defense. In every Entry-level Handgun class I have taught, I have explicitly taught that those owning firearms purchase a safe and use it. The most important day-to-day ‘job’ for anyone who owns firearms is preventing unauthorized people from accessing those firearms.”

Despite Bass’ goodwill and the unanimous smackdown by the high court, Evergreen State anti-gunners appear to be doubling down.

Former Seattle Mayor Jenny Durkan, whose disastrous term included the 2020 Antifa “summer of love” that saw the city suffer repeated rioting, looting, and property damage, is calling on anti-gun Democrat Gov. Jay Inslee to call a special session of the Legislature this summer “to address the wave of gun violence facing our state.”

Current Seattle Mayor Bruce Harrell did not immediately react, probably too caught up in a visit to the city by Joe Biden to celebrate “Earth Day.”

Harrell knows his city is also being sued by SAF & NRA, and some city residents, in a nearly-identical action challenging Seattle’s “safe storage” ordinance. The state high court ruling possibly nullifies Seattle’s ordinance as well.

There is no small irony in this case since two months ago Harrell held a press event during which he erroneously declared;

“You will hear this year me lead efforts on trying to get relief from the exemption RCW 9.41.290. You’ll hear me talking about that. I don’t know how many lives have to be lost before we realize we’re one of the few states that has that kind of restriction allowing the state to govern the laws we need for our city of Seattle.”

Gottlieb quickly blasted Harrell’s remark, noting there are currently 42 states with preemption laws, many modeled after Washington’s statute.

Harrell is the scheduled keynoter for the April 27 annual fundraising luncheon held by the billionaire-backed Alliance for Gun Responsibility, the Seattle-based gun prohibition lobbying group that’s been pushing for the repeal of state preemption. Expect him to use the opportunity to demand the repeal of the model statute.

Here is what the statute says:

“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.”

There is little “wiggle room” in this text, which is why municipal anti-gunners want it erased. City leaders in other states with preemption statutes dislike the situation as well. Striking down Washington’s law would be more than just a symbolic victory for the gun prohibition lobby. They would, activists quietly suggest, use their victory to attack other states’ preemption laws, reversing years of rational gun law uniformity to restore a political environment of gun law chaos.

The ruling will almost certainly bring another round of legislation sponsored by Seattle’s far-left state legislators to gut the law, dating back to 1985. Seattle once before challenged the law unsuccessfully by adopting a park regulation prohibiting firearms in city park facilities. That effort quickly brought a lawsuit from SAF, NRA, the Citizens Committee for the Right to Keep and Bear Arms, the Washington Arms Collectors, and several private citizens.

Anti-gun local municipal leaders have despised preemption almost since the time it was signed into law. The law took away from them the power to adopt confusing and sometimes conflicting local ordinances restricting the rights of gun owners moving from city to city. Preemption brought uniformity to state law, and the common sense approach appealed to legislatures across the country.

Meanwhile, Bass—who served as one of the two statutorily-required representatives of the firearms industry on a state legislative suicide prevention task force—noted in his statement to AmmoLand News;

“I daresay that my work has objectively done more to further the laudable goal of safer storage of firearms than the city of Edmonds’ illegal publicity stunt, and I have the peer-reviewed, published data to support that sentiment.  Unlike the (unlawful) and punitive nature of the city government’s approach to safe firearm storage, my program has worked collaboratively with firearms owners and industry, law enforcement, public health professionals, veteran service organizations,  philanthropy, loss survivors, and other key stakeholders, including organizations such as the Washington Alliance for Gun Responsibility and Grandmothers Against Gun Violence in addition to the Second Amendment Foundation and the National Rifle Association.”

Responding directly to Edmonds Mayor Nelson’s comment, Bass concluded, “The court did not act barbarically; it acted by applying the law as it was very clearly written. Which is more than I can say for the government of the city of Edmonds.”

Washington State Lawsuit upholding the state’s 35-year-old firearms preemption law


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

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Don

Finally, some good news out of Washington. They have passed some terrible laws where EVERY semi-automatic rifle is an assault weapon, and recently a 10-round magazine limit. I moved from WA 15 years ago as the legislature was going so far left wing. Idaho has reasonable gun laws, including constitutional carry.

RayJN

They passed a law they knew was unconstitutional. Anyone that voted for it should be paying ALL the legal fees and compensation to anyone charged under this law.

Oldman

This is far out, although I must say it is certainly not enough. Maybe a good start? Four years is way too long to get to the Supreme Court in Washington State. This should have been handled in about 6 months, no more.

swmft

this is a game of wack a mole they know the bs is illegal but they know the leos will enforce it knowing full and well it is illegal there needs to be something like title 18 that jails and fines the leos and city council members

swmft

reply on hold por supesto

Arny

Gee Dave I would have thought a great time to blast Jenny & ILK for the deaths Committed by punks with firearms during her summer of love. Why let her & OTHERS skate ? And just how well are any of these laws working in these democrat run cities ? Shooting in DC yesterday by 23 yr old Va resident. Even though they have all the LAWS (INFRINGMENTS). LOL

DonP

“On the one hand we can prohibit someone from smoking in a park, but we can’t prohibit them from bringing a handgun into a playground. Does that make sense?” They are comparing apples and oranges. Let’s put them on a more even comparison. No they can not prevent someone from bringing a gun to a playground, but then they can’t prevent anyone from bringing cigarettes either. Yes, they can make it against the law for someone to smoke a cigarette in a park and I’ll bet it is already against their laws to brandish or discharge a firearm at a… Read more »

Ced Truz

This was my thought exactly, and it seems like such an obvious thing for anyone with half a brain to point out. It’s illegal to smoke in a park. It’s also illegal to go around shooting people in a park. I think the reason this isn’t realized by the morons in King County is because they look the other way when other illegal activists are committed by certain segments of society in parks. They have no problem with people shooting up heroin in parks, despite its illegality.

KenW

THEY want to repeal and or circumvent preemption here in Florida but isn’t it ironic that the same people that are opposed to preemption for states local municipalities to be able to pass their own gun laws, are all for the “Supremacy clause” in the U. S. Constitution for Congress to override the States.

musicman44mag

I would appreciate it if you would go south to OreGONEISTAN and straighten out the mess here next and kill our safe storage act. I don’t think guns being locked up when you are gone is a bad idea. But all the other rules that come into play are what makes it a bum deal. Your child should be able to get into the safe and get a loaded gun and keep it on themselves for home defense. I always think of young girls when it comes to this. Here, the gun needs to be locked up with a trigger… Read more »

Wild Bill

Not a bad idea to lock things up when one is gone, but our choice. Personfally, I co-locate a few rounds with each firearm, so that I can get any one of them into battery … fast.

Bigfootbob

You are right. I taught all 4 of my daughters weapon safety and they all know how to handle firearms and have since they could hold a weapon.

Fortunately, I didn’t have to consider radical storage laws, but if I would have it wouldn’t have mattered. They would have been instructed to do the same thing except they would know the safe combination.

IMHO, it’s better to be judged by 12 than carried by 6. Bring on a jury trial…

musicman44mag

Right on. I like the little saying on the end. I will use it because it is too smart not too. That might shut a commie left anti-gunner up.

I told my wife your saying and she said, very good, no S!!!!!. I think I might put that on my truck.

BoydK

This is awesome, let’s celebrate for a bit. Then let’s get to work because while this is clearly a win the battle is barely begun. Every year, WAGR and their surrogates in Olympia talk about “local control” and that darned preemption mistake. WE need to replace those surrogates. We need to be working now to get https://wsrp.org/ to field candidates that #1 can -win- and #2 support our liberty in Districts that are hard. We can’t just win in the easy, historically right leaning districts and call that victory, we -have- to move the majority and that means taking seats… Read more »

Bigfootbob

Sage advice, sir. As a resident I am doing exactly that. Our whole family is engaged. We’re working to dump 3 rouge legislators who could care less about their constituents in the 24th and instead vote in lock step with the Pugetopolis losers. Van De Wege, Chapman and Tharinger. Their days are numbered. I am working to organize the nearly 800 members of my gun club as a lobby group, I cannot believe they haven’t done this before. 800 member strong 2A supporters out in the 24th is going to have an impact. Our rifle and gun club is growing… Read more »

Arny

Will it make a difference is the elephant in the room ? First we need to fix elections. HONEST ELECTIONS.
Instead of stricter gun laws we should be wanting stricter election laws. Harsher sentences for crimes. We waste time & resources for a right guaranteed under the Constitution. People need to show these parasites who push for or try to enforce gun laws what that right entitles.

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Arny

2018 MIDTERMS opened my eyes to who controls elections,

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Arny

As the visibility of the “glitches” found in Dominion Voting Systems continues to spread across multiple states, and the longstanding issues surrounding Election Systems & Software start to re-surface, one critical question has yet to be asked, “How did they manage to corner the U.S. election voter market in the first place?” On September 14, 2009, Hart Interactive, Inc. filed a lawsuit against Diebold Incorporated and Election Systems & Software, Inc. (ES&S) alleging antitrust claims after the September 2, 2009 purchase of Diebold’s outstanding stock of Premier Election Solutions and the assets of Premier Canada.  This transaction gave Election Systems &… Read more »

Arny

Guess which organisation all these companies belong to.

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