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CHAN v. CITY OF SEATTLE

No. 65123-4-I.

265 P.3d 169 (2011)

164 Wash.App. 549

Winnie CHAN, an individual; Robert Kennar, an individual; Raymond Carter, an individual; Gray Peterson, an individual; Gary G. Goedecke, an individual, Respondents, The Second Amendment Foundation, Inc., a Washington non-profit corporation; Citizens Committee for the Right to Keep and Bear Arms, a Washington non-profit corporation; Washington Arms Collectors, Inc., a Washington non-profit corporation; and National Rifle Association of America, Inc., a New York non-profit association, Plaintiffs, v. CITY OF SEATTLE, a municipality; Michael McGinn, Mayor of the City of Seattle, in his official capacity; Seattle Department of Parks and Recreation, a department of the City of Seattle; and Timothy A. GALLAGHER, Superintendent, in his official capacity, Appellants, Gregory J. Nickels, (former) Mayor of the City of Seattle, in his official capacity, Defendant.

Court of Appeals of Washington, Division 1.

October 31, 2011.

Attorney(s) appearing for the Case

George Greer , Daniel Dunne , David S. Keenan , Orrick Herrington & Sutcliffe LLP, Seattle, WA, for Appellants.

Peter S. Holmes , Gary E. Kreese , City of Seattle Attorney's Office, Steven W. Fogg , Molly A. Malouf , Corr Cronin Michelson Baumgarder & Pre, Seattle, WA, for Respondents.

SCHINDLER, J.

¶ 1 Except as authorized in RCW 9.41.290, the legislature expressly preempts municipalities from enacting firearm regulations prohibiting the possession of firearms. The City of Seattle appeals the trial court's determination that RCW 9.41.290 preempts the Seattle Department of Parks and Recreation from enacting a rule that prohibits the possession of firearms at designated city parks and park facilities open to the public. We affirm.

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