2021/08/18 Council Agenda Packet

Anna Pankevich From: Deb Williams Sent: Wednesday, August 18, 2021 1:19 PM To: DL-Council; Sharon Fuller; Anna Pankevich; Marista Jorve; David Hall; Dan Eernissee; Cassie Franklin; Nick Harper; Lori Cummings Subject: FW: [EXTERNAL] Comment on Agenda Item: CB 2108-28 From: Nathan Shelby <ntshelby@gmail.com> Sent: Wednesday, August 18, 2021 12:49 PM To: DL-Council <Council@everettwa.gov> Cc: Deb Williams <DWilliams@everettwa.gov> Subject: [EXTERNAL] Comment on Agenda Item: CB 2108-28 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, I would like to provide written comment on an item up for discussion at the City of Everett City Council meeting for -- 18AUG2021 1830 Pacific Time. Comment: Councilpersons, before you for the first time tonight is CB-2108-28. I would like to focus my comments on a prohibition of retail firearms and ammunition sales added by the City of Everett Planning Commission at their 20JUL2021 meeting. I believe this prohibition, as currently written, may fall outside scope of City authority as the State of Washington fully preempts firearms regulation, including sales of firearms, under RCW 9.41.290 (https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.290). Further, restricting the sale of firearms is specifically identified under RCW 9.41.300 (3)(a) with specific areas as to where a city or town may regulate firearms sales. I believe the regulation as proposed would conflict with state preemption as to "... a business selling firearms may not be treated more restrictively than other businesses located within the same zone." I would urge the council to seek legal recommendation on the proposed modification to city ordinance as to avoid any lawsuit regarding the issue and potentially costing the citizenry taxpayer dollars in litigation or settlement costs. There is nothing inherently wrong with transacting in firearms. Federal Firearms License dealers are licensed by the Federal government after completing a background check, FFLs cannot be felons. FFLs must comply with a variety of Federal and State documentation, storage, and sales tracking laws. Customers of firearms dealers are again subject to intense scrutiny before completing the purchase or transfer of a firearm including background checks, passing 1-1639 compliant training, and ongoing annual background checks for owners of items deemed a 'Semiautomatic assault rifle' under Washington State Law as well as secure storage of firearms (even in transit to/from point of sale). To me this seems like an unfair burden on citizens who are running small businesses related to firearms and ammunition sales simply because they are small enough businesses to be run inside of their homes, this may stunt future growth of firearms related businesses in the City. To stunt any business that is young seems inappropriate for a City with a large structural deficit that is working to diversify its employer base and increase tax revenue. i