Appeals Court --- Seattle gun ban in parks illegal
LINK : Appeals court upholds decision voiding Seattle's gun ban | KING5.com Seattle
Appeals court upholds decision voiding Seattle's gun ban KING5.com
Posted on October 31, 2011 at 5:32 PM
A Washington appeals court on Monday upheld a King County superior judge's ruling that voided Seattle's ban on carrying guns in city parks.
In a unanimous ruling, three judges of the Washington State Court of Appeals for Division 1 ruled that Judge Catherine Shaffer was correct in her Feb. 2010 decision that the city exceeded its authority in banning firearms from parks. Only the legislature, not the city, has authority to enact such a restriction, the judges concluded.
LINK : NRA-ILA :: Court Rules that Seattle Gun Ban is Illegal
Court Rules that Seattle Gun Ban is Illegal
Friday, November 04, 2011
In 2008, the City of Seattle and then-Mayor Greg Nickels (D) enacted a rule that banned firearms and “dangerous weapons” from city parks, community centers and other city properties. In 2009, the city added another rule that banned guns from parks where children are “likely to be present.” further down in article :
In this week’s ruling, which affirms the trial court’s decision, the Court of Appeals panel wrote: “We hold that under the plain language of RCW 9.41.290 and RCW 9.41.300, the City’s attempt to regulate the possession of firearms at designated park areas and park facilities open to the public by adopting the Firearms Rule is preempted by state law.”
The court’s opinion further stated, “The Firearms Rule regulates the possession of firearms at designated city parks and park facilities open to the general public.13 [The case law on which the City relies] does not support the City’s position that RCW 9.41.290 does not apply because it is acting as a property owner and setting conditions on use of its property. Except as authorized by the legislature, RCW 9.41.290 precludes a municipality from regulating the possession of firearms at city-owned park facilities open to the general public.”