This is a discussion on This will be the shortest lived judicial decision on 2A ever within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by DPro.40 Just because she a judge doesn't make her the sharpest cheese on the cracker. She must need attention for some political ...
Last edited by P7fanatic; March 16th, 2010 at 12:50 AM.
"The price of freedom is eternal vigilance." -Thomas Jefferson
"Liberalism is a Mental Disorder." -Michael Savage
GOOD Gun Control is being able to hit your target! -Myself
There were two separate unrelated cases.
The first was based on Washington's preemption law, and correctly decided that Seattle's ban was in violation of that law.
This case was in federal court claiming a violation of the 2nd amendment. The judge ruled that current 9th circuit court and SCOTUS have not incorporated the 2nd to the states, so the 2nd amendment does not apply, therefore there is no federal constitutional violation to Seattle's ban. Note: this does not overturn the decision that the ban was a violation of state preemption.
Also, the fact that the Washington STATE supreme court says the 2nd applies to states, does not bind a FEDERAL court to that decision.
Since the ban is a violation of state law, it remains overturned, and Seattle has removed all the short-lived signs from the parks.