002-14 - Ordinance - Repealing POMC 5.40.160 and Removing the Prohibition Against Pawnshops Selling Firearms AmmunitionIntroduced by:
City Attorney
Requested by:
Police Chief
Drafted by:
City Attorney
Introduced:
March 25, 2014
Adopted:
March 25, 2oi4
ORDINANCE NO. 002-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING PORT ORCHARD MUNICIPAL CODE
SECTION 5.40.i6o AND REMOVING THE PROHIBITION AGAINST
PAWNSHOPS SELLING FIREARMS AMMUNITION
WHEREAS, Port Orchard Municipal Code section 5.40.16o prohibits
pawnbrokers or pawnshops from the purchase, storage, sale or trade of firearms
ammunition; and
WHEREAS, recent research on the issue has revealed that the State of
Washington has fully occupied and preempted the field of firearms regulation, which
includes the storage, sale and trade of firearms ammunition; and
WHEREAS, the State's preemption of the field means the City can only regulate
firearms and ammunition to the extent allowed by State law; and
WHERE, State law does not allow municipalities to adopt regulations restricting
the storage, sale or trade of firearms ammunition by pawnbrokers or pawnshops; and
WHEREAS, Section 5.40.16o of the Port Orchard Municipal Code, in -so -far as
it makes it unlawful for pawnbrokers or pawnshops to purchase, store, or offer for sale
or trade, any firearms ammunition, violates State law and should be repealed; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION iL. Port Orchard Municipal Code Section 5.40.16o is hereby repealed
in its entirety.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Ordinance No. 002-14
Page 2 of 2
SECTION n. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the City Clerk in authentication of such passage this �5th day of
March 2014.
ATTEST:
Brafady Rinearson, City Clerk
APPROVED AS TO FORM:
Gregory A. tyl
CU
Attorney
9
Timothy C. Ma es, Mayor
Sponsored by:
Rob Putaansuu, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held March 25, 2014.
ORDINANCE NO. 002-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING PORT ORCHARD MUNICIPAL CODE
SECTION 5.40.16o AND REMOVING THE PROHIBITION AGAINST
PAWNSHOPS SELLING FIREARMS AMMUNITION
Copies of Ordinance No. 002-14 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 002-14 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
April 4, 2014