State AG says Seattle's proposed gun ban is illegal

October 15, 12:26 PMWashington Law ExaminerMichael Reitz

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Attorney General Rob McKenna (pictured) says that Seattle's proposed firearm ban is illegal. Cities in Washington do not have the authority to enact a local law that prohibits gun possession on city-owned property.

In response to several violent incidents, Mayor Greg Nickels proposed a ban on handguns on city property that would have included guns owned by licensed carriers. At the time, legal experts pointed out that Washington state law specifically prohibits local governments from adopting policies that are more restrictive than state law. The Washington Constitution also provides strong protection for gun owners: "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired...."

At the time of the proposal, Police Chief Gil Kerlikowske told the Seattle Post-Intelligencer, "I wouldn't quite say there is a constitutional right to carry a gun at every city-sponsored event or in many buildings that already exist throughout the state."

Hoping to get some legal guidance on Seattle's firearm ban, a group of Democrat lawmakers requested a formal opinion from the Office of the Attorney General. Fourteen Republican legislators filed a similar request. Attorney general opinions are not binding, but are often relied upon by courts when issuing decisions.

The Attorney General's Office issued a formal opinion on October 13.

[State law] 'fully occupies and preempts the entire field of firearms regulation' and preempts a city's authority to adopt firearms laws or regulations of application to the general public, unless specifically authorized by state law. Accordingly, RCW 9.41.290 preempts a city's authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.

Gun rights advocates applauded the opinion.  Alan Gottlieb, with the Bellevue-based Citizens Committee for the Right to Keep and Bear Arms said, “We have a law, and it works. It recognizes the right of individual citizens to keep and bear arms as affirmed in both the state and federal constitutions. Mayor Nickels was wrong to think he could usurp legislative authority through executive edict."