May 22,2008
Port Commission R
Meeting of
hl3
1\.2008
Mr. Aaron Walls, Deputy City Attorney
City of Federal Way
PO Box 97 1 8
Federal Way, WA 98063-97 1 8

Re: Federal Way City Code Firearms provisions
Dear Mr. Walls:
We have reviewed the correspondence between the City of Federal Way and ow client.
Your letter to Mr. Beasley dated February 26, 2008 misstates the state preemption law.
Your statement that RCW 9.41.290 "only applies to the regulation of $rearms
themselves" and "excludes regulations that only secondarily affectlfirearms... that do not
embody a punitive regulation" ignores the broad language of the state preemption statute:
"The State of Washington hereby hlly 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."
Emphasis added.
The fact that the above referenced statute references RCW 9.41.300 raises the issue of
why the legislature has specifically delineated certain areas as restricted while prohibiting
restriction in other areas that are clearly under the control of municipalities:
"a) The restricted access areas of a jail, or of a law enforcement facility, or any
place used for the confinement of a person (i) arrested for, charged with, or
convicted of an offense, (ii) held for extradition or as a material witness, or (iii)
otherwise confined pursuant to an order of a court, except an order under chapter
13.32A or 13.34 RCW. Restricted access areas do not include common areas of
egress or ingress open to the general public.. ."
RCW 9.41.300 (l)(a)

32724-17thAvenue S W                      Telephone (253) 661-1 252
Federal Way, Washington 98023                  knapp.m@comcast.net
www.firearmslawyer.net

The language indicating that restricted access areas do not include common areas of
egress or ingress open to the general public clearly relates to common areas that are used
by the public to access municipal facilities of a jail or law enforcement facility.
Nevertheless, "municipalities may enact only those laws and ordinances relating to
firearms that are specij?cally authorized by state law." Therefore the public cannot be
prohibited from carrying firearms in parks and other areas that are under the control of a
municipality unless such areas are enumerated within RCW 9.481.300.
You reference Cherry v Municipality of Metropolitan Seattle, a case that only deals
with the applicationof RCW 9.41.290 to municipal employees:
There is no question that in amending RCW 9.41.290 the Legislature expressly
intended to preempt municipal "laws and ordinances" enacted on the subject of
firearms regulation. Our inquiry concerns the intended reach or scope of that
preemption and whether it extends to cover public employment work rules.
Cherry v Metropolitan Seattle, 116 Wn.2d 794,808 P.2d 746 (1991).
Pacific Northwest Shooting Park Association v Sequim is a case that extends the
holding in Cherry to municipalities' contractual relations with third parties where a city
enters into a business relationship with a specific party and therefore does not apply to the
present analysis involving laws and policy relating to the general public and public safety.
Thus, Pacific Northwest stands for the "general proposition that when a municipality
acts in a capacity that is comparable to that of a private party, the preemption clause
does not apply. " See Pacific Northwest Shooting Park Association v City of Sequim,
158 Wash.2d 342 (2006). "The authority to regulate sales offlrearms flowedfiom (the
City of Sequim's) authority to regulate possession offlrearms (in its convention center)
under RCW 9.41.300." Thus, the laws that apply to public parks and public meetings are
not analogous to restrictions imposed on private parties per a city's contractualrelations
with said private parties.
To conclude as you have, that the city has the right "to decide as an owner how its
property is used" would render the preemption statute meaningless. Even public transit
operators in Washington have promulgated regulations that recognize that firearms,
lawfully carried, cannot be prohibited on buses and other public transportation that
operate under the jurisdiction of Washington state law.
We are hereby notifling the City of Federal Way that, in the event civil litigation
becomes necessary, the Plaintiffs attorney's fees could be very high and would likely be
compensable. Under certain circumstances, the City could become liable pursuant to 42
USC 1983 andlor 18 USC 242. There are several jurisdictions within the State of
Washington that are not complying with the preemption law and firearms owners like Mr.
Beasley are becoming very concerned that such callous indifference to state law may
endanger the lives of Washington citizens in direct contravention of legislative intent!
The City of Federal Way should amend the relevant statutes and change the signage in
Federal Way to indicate that weapons are prohibited where not otherwise lawful.
32724-17thAvenue S W                      Telephone (253) 202-2081
Federal Way, Washington 98023

The best defense for the citizens of Federal Way, all of whom are vulnerable to random
shootings and street violence is to limit the number of "gunfiee" zones that are available
to deranged individuals seeking publicity by mass shootings. Almost all such shootings
have occurred in areas where honest citizens have been rendered defenseless by laws or
policies like FWCC 11-72 and 6-139(a)(5).
Please consider the issues discussed above very carefully. Our client has extensive
experience working with law enforcement in various jurisdictions and we are addressing
these matters as public safety issues. Please consider discussing this matter with Kyle
Sumpter, FWPD Commander.  Commander Sumpter is known to us as a very
knowledgeable resource on the subject of firearms laws and should be consulted if you
have not already done so.


Sincerely,

MARK S. KNAPP, ATTORNEY










32724-17thAvenue S W                      Telephone (253) 202-2081
Federal Way, Washington 98023