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COUNTY OF JEFFERSON <br />STATE OF WASHINGTON <br />An Ordinance Repealing and Replacing } <br />Ordinance No. 12-1102-18 and Amending } ORDINANCE NO. 04-0224-20 <br />Title 8, Chapter 8.50 Jefferson County Code } <br />related to Shooting in the County } <br />WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county <br />legislative authorities the police power to adopt regulations necessary to protect the health, safety, <br />and well-being of its residents as are not in conflict with general laws; and, <br />WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make <br />and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as <br />are not in conflict with state law; and, <br />WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and <br />preempts the entire field of firearms regulations within its boundaries, and counties may only enact <br />ordinances as expressly authorized by RCW 9.41.300; and, <br />WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a <br />county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where <br />there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so <br />long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section <br />24 of the state Constitution to bear arms in defense of self or others; and, <br />WHEREAS, Article VI of the United States Constitution states that "This Constitution, <br />and the laws of the United States which shall be made in pursuance thereof; and all treaties made, <br />or which shall be made, under the authority of the United States, shall be the supreme law of the <br />land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of <br />any State to the contrary notwithstanding;" and, <br />WHEREAS, Article I, Section 2 of the Washington State Constitution states, "The <br />Constitution of the United States is the supreme law of the land;" and, <br />WHEREAS, there is a fundamental principle of Washington law sometimes called "the <br />preemption doctrine," that derives from Article VI of the United States Constitution, Article I, <br />Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State <br />Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the <br />"Supremacy Principle," which holds that a higher authority of law will displace the law of a lower <br />authority of law when the two authorities come into conflict; and, <br />WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict <br />with the United States Constitution, the Washington Constitution, and federal laws; and, local <br />ordinances and regulations cannot conflict with the United States Constitution, federal laws, the <br />Washington Constitution, or state laws; and, <br />1 of 41 <br />