Another Victory for State Preemption Gun Laws

More than 40 states have “preemption” laws that place all authority for regulating firearms in the hands of the state legislature. However, a state appeals court panel in one of the states that pioneered preemption recently handed down a unanimous ruling that reinforced the regulatory approach.

It drove anti-gunners nuts, because they have been trying to erase such laws across the country. Preemption statutes bring uniformity to state gun laws, while the gun prohibition lobby much prefers an environment in which local municipalities or county commissions set their own gun regulations. These will invariably be confusing, and in many cases, conflicting from one jurisdiction to another. This discourages people from owning guns or carrying them, which is exactly what gun control extremists want.

This case happened in Washington, where the National Rifle Association and Second Amendment Foundation (SAF) teamed with three individual citizens to challenge a so-called “safe storage” ordinance in the City of Edmonds. The case is known as Bass v. Edmonds. Washington was a “pioneer” state for such a law, and it has been unpopular with the gun control crowd.

What’s disturbing about this case is the office of the Attorney General isn’t leading the charge. After all, the city is challenging the state statute, which Democrat Attorney General Bob Ferguson is supposed to enforce. Instead, two gun rights organizations are doing his job.

The three-judge appeals court panel consisted of Acting Chief Judge Beth Andrus, who authored the opinion, and Judges Bill Bowman and Lori Kay Smith.

Edmonds adopted the requirement that all firearms be locked and unloaded, and set penalties for violations, in direct defiance of Washington’s 36-year-old preemption statute. That law has been used as a model for similar laws in other states, and it has been used in the past to strike down a gun ban in city park facilities in Seattle.

Incidentally, Seattle adopted a similar ordinance prior to Edmonds, and both the NRA and SAF are also challenging that one in court. That case is known as Alim v. City of Seattle.

Edmonds and Seattle are in neighboring counties, which makes this drama that more interesting to watch. Pretty certain there will be more episodes.

Source:
https://www.heraldnet.com/news/appeals-court-says-edmonds-cant-enforce-safe-storage-gun-law/

What’s Not to Understand?

State preemption statutes are typically easy to understand because the concept is simple: The state is in charge and smaller jurisdictions must keep their hands off.

The city contended the statute is “ambiguous as to its application to ordinances which regulate the storage of firearms…” The court’s reaction to this was terse: “We disagree and conclude that the legislature’s express preemption of ‘the entire field of firearms regulation’ is unambiguous and necessarily extends to regulations of the storage of firearms.”

Here’s what Washington’s 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.”

Who could read that and not immediately understand what it says, and means? Well, perhaps with the exception of Edmonds officials and their legal team, of course.

Sources:
https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.300

https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.290

Gun Store Employees Fight Back

Jefferson Parish, La. Sheriff Joseph Lopinto was at a loss trying to determine why a man identified as Joshua Williams of New Orleans opened fire at a Metairie gun store and range, but he knew what to say about the seven armed employees who fought back and canceled the suspect’s rampage permanently.

Unfortunately, a store employee identified as Herbert “Noah” Fishbach and customer Veronica Billiot were gunned down.

Speaking to reporters, Sheriff Lopinto observed, “I want to make sure that I thank those employees. Those employees did not come to work looking for a fight that day. They were put into a decision-making process that they did not ask for. But they acted calm, collectively and really protected a lot of people that day.”

The suspect had come to the store with his brother and the brother’s children. He had a carry license and some traffic violations on his record. But his motivation was a mystery. He opened fire, first outside and then inside just moments after being told by a store employee he couldn’t be carrying a loaded handgun inside the store. Many gun shops have this restriction, simply to prevent careless mishaps.

Sheriff Lopinto told a press gathering, “I believe without a doubt he was looking to shoot more people until he ran out of bullets.”

Indeed, he did run dry after firing 32 rounds, according to the New York Times. Investigators recovered nearly 100 empties, the balance of which were fired by the seven store employees. Investigators recovered 10 guns, the Times reported. This included three guns belonging to the suspect. The other seven likely belong to the store employees who returned fire.

According to the New Orleans Times-Picayune, a woman claiming to be the suspect’s mother asserted on social media that he was “murdered.”

Sources:
https://www.wdsu.com/article/jefferson-parish-officials-will-provide-update-on-gun-range-shooting-that-killed-3-in-metairie/35585943

https://www.wwltv.com/article/news/local/jefferson/update-on-deadly-louisiana-gun-store-shooting/289-aaa820df-9301-486f-a747-dd9c16734482

https://www.nytimes.com/2021/02/22/us/new-orleans-shooting-joshua-williams.html

https://www.nola.com/news/crime_police/article_3cdc6e50-745d-11eb-a315-1335babe707d.html

Break out a pocket calculator and check these numbers: 2021 minus 1986, and then divide the remainder into 76, and you get the sorry account of a Seattle robbery suspect who must be fond of jail food.

In the 35 years since 1986, according to KIRO News, a 56-year-old gent identified as Cedell Steven Scott has been booked into the King County Jail 76 times, including the three times he was checked in last year.

This fellow just might be a walking example of guaranteed full employment for a prosecutor and public defender.

Mr. Scott’s most recent misadventure was his encounter with 61-year-old Mike Osborn, owner of Sosio’s Fruit and Produce in the famous Pike Place Market, a top tourist attraction in the Jet City. Osborn stepped away from his shop for a couple of minutes right after opening up Feb. 17 at about 4 a.m. When he came back inside, here was an older guy leaning over his safe.

“I just told him, ‘I am not getting robbed again’,” Osborn told a reporter.

And the fight was on! Osborne punched the guy, the suspect took a swing and then rushed past. The determined store owner chased the suspect, grabbed his collar and “just flattened him right there; just dropped him right there on the ground.”

“He picked the wrong old guy to mess with,” Osborn told KIRO.

Back in 2016, Scott was convicted of felony assault against a nurse. Insider will guess with the rest of you: What was this guy doing on the street? How does a guy roll up that kind of criminal record? That is a question for the King County courts.

https://www.kiro7.com/news/local/pike-place-market-shop-owner-takes-down-attempted-robbery-suspect/6W3IGJFOJVH5FLUGLAEMRQEVA4/

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