Seattle Mayor to issue BAN on concealed weapons/Victim speaks out against ban: Merged

Seattle Mayor to issue BAN on concealed weapons/Victim speaks out against ban: Merged

This is a discussion on Seattle Mayor to issue BAN on concealed weapons/Victim speaks out against ban: Merged within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I posted about this in the related thread on the Folklife Festival shooting in Seattle, but I think perhaps this deserves it's own thread. Because ...

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  1. #1
    Member Array Rifter's Avatar
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    Seattle Mayor to issue BAN on concealed weapons/Victim speaks out against ban: Merged

    I posted about this in the related thread on the Folklife Festival shooting in Seattle, but I think perhaps this deserves it's own thread.

    Because of this fiasco, Mayor Greg Nickels is planning on issuing an Executive Order (effectively bypassing public opinion) to ban the carrying of firearms (despite having a permit) on city property.

    City to limit concealed weapons

    If you are in WA, write to your lawmakers!

    Also, you can contact the mayor's office here: Mayor Greg Nickels Email Form


  2. #2
    Ex Member Array Ram Rod's Avatar
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    Any attempt by a city or county to ban guns outright in public parks -- unless it exempted holders of permits to carry concealed weapons -- would be illegal under state law, which pre-empts local governments from enacting gun laws that are stricter than state codes, said Dave Workman, senior editor and Western bureau chief for Gun Week magazine.

    Those carrying a concealed handgun without a license would already be illegal, he said.

    State pre-emption was intended to prevent confusion over having a variety of different gun laws, depending on which city or county you were in.
    I'm sure if an executive order was filed, a lawsuit would soon follow. It probably won't fly anyway.

  3. #3
    VIP Member Array Paco's Avatar
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    Well, now the BG know 1 more place they can go to practice their trade.
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    Member Array Rifter's Avatar
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    Quote Originally Posted by Ram Rod View Post
    I'm sure if an executive order was filed, a lawsuit would soon follow. It probably won't fly anyway.
    Yes, hopefully that is the case, but sometimes lawmakers find loopholes and ways around such things using "emergency executive orders in the name of public safety" and other legal trickery.

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    Member Array riverkeeper's Avatar
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    Attempts to pass bad laws (ex orders) usually follow bad situations (Folklife shooting).

    Like the Folklife Wack Doodle (depressed, schitzoid and drug abuser) would care.

    IF ANYTHING they should spend more time filtering this type from the carry pool, even tho CCW are FAR LESS likely to go bad.
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    VIP Member Array matiki's Avatar
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    State preemption is going to be a bit of a problem for the Mayor. This should be interesting. The cities near totalitarian ban on weapons of any type specifically excludes firearms because of the State Constitution and Concealed Pistol License exemption and preemption. I wonder how he plans to get around the State.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  7. #7
    Member Array Arisin Wind's Avatar
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    Why doesn't he ban psychopathic killers from city property?
    Be not far from me, for trouble is near; For there is none to help. psalm22:11

  8. #8
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by Arisin Wind View Post
    Why doesn't he ban psychopathic killers from city property?
    They're already illegal, but that hasn't stopped them so we need more laws!
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  9. #9
    VIP Member Array David in FL's Avatar
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    I understand completely......makes perfect sense to me!

    After all, if there had been a law on the books against what happened at the Folklife Festival, I'm sure that it never would have happened.......

    ......oh wait, what happened was already illegal. Hmmmm......geeeze.......uh.........well........ never mind.

  10. #10
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    One minor rub here. Do Washington's concealed carry laws prohibit carrying in certain places, like government buildings, facilities & property?

    I don't know. This might give the mayor an "out".


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    And the women come out to cut up what remains,
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    Senior Member Array FlyboyLDB's Avatar
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    We here in GA had several counties, towns, etc that has passed their own version banning firearms. But luckily we have GCO that goes after and has successfully won each case in court - some actually settle before court. Most recently in Atlanta when the city attempted to ban carrying in their city parks. I hope that you guys have some type of similar advocate organization that people in WA support. Here is a couple of links to get you started for ideas. Georgia Carry : An information clearinghouse for Georgia Firearms License issues and news & Welcome to GeorgiaPacking.org.

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    Member Array Rifter's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    One minor rub here. Do Washington's concealed carry laws prohibit carrying in certain places, like government buildings, facilities & property?
    Yes, courtrooms, federal buildings, jails, etc.. are prohibited.

    Chapter 9.41 RCW: Firearms and dangerous weapons

  13. #13
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    One minor rub here. Do Washington's concealed carry laws prohibit carrying in certain places, like government buildings, facilities & property?

    I don't know. This might give the mayor an "out".
    Quote Originally Posted by Rifter View Post
    Yes, courtrooms, federal buildings, jails, etc.. are prohibited.

    Chapter 9.41 RCW: Firearms and dangerous weapons
    The mayor can't pass anything more restrictive than the state level restrictions, which do not prohibit carry on municipal property.

    RCW 9.41.290: State preemption.

    The list of locations prohibited is here:
    RCW 9.41.300: Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

    Here is the wording of the section providing cities the right to add restrictions - to open carry - concealed carry with permit is specifically exempted:

    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

    (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

    (i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

    (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    VIP Member Array Cupcake's Avatar
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    I hope that the state overrules him. The city next door to mine tried that, and a lower court sided with the city. The MI supreme court, however, made it clear that the cities cannot pre-empt state laws granting rights. (MCRGO VS City of Ferndale, forgive me if the details arent exact, but the bottom line is there)
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  15. #15
    Member Array Rifter's Avatar
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    The preemption language in RCW 9.41.290 seems to clearly make his efforts null and void:

    "Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality."
    Hopefully he won't find a way around this by using some kind of "executive order" shenanigans.

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