Ordinance 4271ORDINANCE NO. 4271
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING CHAPTER 5.26 OF THE
EDMONDS CITY CODE RELATING TO SAFE GUN STORAGE
AS WELL AS ORDINANCES 4120, 4121, AND 4131.
WHEREAS, on July 24, 2018, the Edmonds City Council adopted Ordinance 4120; and
WHEREAS, Ordinance 4120 established certain regulations related to the safe storage of
firearms, which were subsequently codified in chapter 5.26 of the Edmonds City Code; and
and
WHEREAS, on July 24, 2018, the Edmonds City Council also adopted Ordinance 4121;
WHEREAS, Ordinance 4121 amended the city's regulations related to the reporting of lost
or stolen firearms, which are codified in chapter 5.24 of the Edmonds City Code; and
and
WHEREAS, on October 23, 2018, the Edmonds City Council adopted Ordinance 4131;
WHEREAS, Ordinance 4131 amended Ordinances 4120 and 4121 to further define what
constitutes a proper locking device under those ordinances; and
WHEREAS, these ordinances were challenged in a lawsuit filed on August 7, 2018 by
Brett Bass, Swan Seaberg, The Second Amendment Foundation, Inc., and The National Rifle
Association of America, Inc.; and
WHEREAS, that lawsuit was ruled on by the superior court, the court of appeals, and
ultimately the supreme court; and
WHEREAS, the Washington Supreme Court, filed an opinion (Bass v. City of Edmonds,
199 Wash.2d 403) on April 21, 2022 in which it held that the above ordinances are preempted by
state law, specifically RCW 9.41.290; and
WHEREAS, RCW 9.41.290, which was adopted in 1983 and was last amended in 1994
states as follows:
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enacted and are preempted and repealed, regardless of the nature of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. ; and
WHEREAS, these ordinances were found to conflict with the general laws of the state,
thereby violating art. XI, section 11 of the Washington Constitution on the grounds that RCW
9.41.290 preempts the entire field of firearms regulation;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Repealer. Chapter 5.26 of the Edmonds City Code, entitled "Storage of
Firearms," and Ordinances 4120, 4121, and 4131 are hereby repealed. Chapter 5.24 of the
Edmonds City Code shall read as it did prior to the passage of Ordinance 4121.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance, being an administrative function of the city
council, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
14
ATTESPAUTHENTIC A TED:
CI E , SC❑ ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
July 22, 2022
July 26, 2022
July 29, 2022
August 3, 2022
4271
SUMMARY OF ORDINANCE
of the City of Edmonds, Washington
On the 26th day of July, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4271. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING CHAPTER 5.26 OF THE
EDMONDS CITY CODE RELATING TO SAFE GUN
STORAGE AS WELL AS ORDINANCES 4120, 4121,
AND 4131.
The full text of this Ordinance will be mailed upon request.
DATED this 261h day of July, 2022.
4
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH959758 ORDINANCES
4270 4271 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
07/29/2022 and ending on 07/29/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount o e fee for suc publicati
$32.68.
Subscribed and sworn fore me on this
day of
Notan Public in and for the State of
Washington.
City of Edmond+- LEGALADS 114101416
SCO7TPASSEY
Linda P11jilips
Notary Public
State of c,ton
MY Appeonirncl�l E,[ ire`r 6 ::'9,'2p25 �
Ckistlnf.5fpn }:�ni[,e7 <il�
Classified Proof
MAR
CROINAN ---
of the City oll mrs. Was'gtdn
On Iha 26th day of Julryy, 2022, She City Caw¢II or the City. at
Edmonds, passed tha fo6owing Ordnancen, the summaries s1;WO
dtdlnances CoM1slsilrlg er lithe are load M follows:
6RflINANCE N . 4P70
AN ORDINANCE OrTHE 91TY COUN IL OF THE CITY OF
EOMONOS, WASHINGTON,AMEND ING THE 8VOG17EO FULL
TIMF EQUIVALENT POSITIONS AS ORIGINALLY ADOPTE0
THROUGH THE 2022 BUDGET BY ADOING CERTAIN NEW
POSITIONS WITH CORRESPONDING SALARY RANGES.
fi171NANC N .4 AN OROMANCE OF H t DM 0.S, WASKNGTON,
REPEALING CHAPTER 5.26 OF THE EDMbNOS CITY CODE
RELATING TO SAFE GUN STORAGE AS WELL AS
ORDINANCES 4120, 4121, AND 4131.
OATEO I" 28th Oaayy 01 Juyy 2022,
CITYCLERK, SCOTT PAS5EY
Published: July 29, 2022. EDH959758
Proofed by Phillips, Linda, 07/29/2022 09:02:40 am Page: 2