Appeals Court --- Seattle gun ban in parks illegal

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    VIP Member Array Eagleks's Avatar
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    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.”
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    VIP Member Array hogdaddy's Avatar
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    Y'all Should have a govener like Rick scott-R Fla ; )
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    Well now you're gonna have blood stained swards of grass in Seattle's parks.. I hope you're happy now...

    Sheesh, next thing you know you'll want to carry your guns on public sidewalks...

    Sigh... Gun nuts, whaddaya gonna do?
    Rats!
    It could be worse!
    I suppose

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    Quote Originally Posted by hogdaddy View Post
    Y'all Should have a govener like Rick scott-R Fla ; )
    H/D
    ^that^ and a legislature that stands on its own two feet.
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    Nice when things work as they should, and people use common sense!
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    Carry on WA!

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    VIP Member Array Eagleks's Avatar
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    I hope it sends a message to any other cities around the country that have thought about doing the same thing, now there is a legal precedent.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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    VIP Member Array livewire's Avatar
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    Last time I was in Seattle, I noticed that the sign was still up in that park by Pikes Place. Any idea who I should contact about getting it taken down?

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    Wrap up those 'no guns in city parks' signs and send 'em back to the city commissioners wrapped around a jar of vaseline.
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    Quote Originally Posted by Eagleks View Post
    I hope it sends a message to any other cities around the country that have thought about doing the same thing, now there is a legal precedent.
    It doesn't set a legal precedent for anyplace outside of Washington state. If your state does not have a preemption clause the city can set regulations that are more stringent than state law.
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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by archer51 View Post
    It doesn't set a legal precedent for anyplace outside of Washington state. If your state does not have a preemption clause the city can set regulations that are more stringent than state law.
    True, and there are places that don't. Our Legislatures here, know from experience to always put in a preemption clause.

    Quote Originally Posted by livewire9880;
    Last time I was in Seattle, I noticed that the sign was still up in that park by Pikes Place. Any idea who I should contact about getting it taken down?
    The appeals court just released the decision last week ... so they should be removing them immediately, but even if they drag their feet, it's been determined as illegal and has no weight in terms of the law. Unless they appeal that decision and take it higher in the courts, in essence try to keep it effective until the next appeals decision is made.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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    Senior Member Array RemMod597's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Wrap up those 'no guns in city parks' signs and send 'em back to the city commissioners wrapped around a jar of vaseline.
    They don't deserve the luxury of Vaseline. Just saying.


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    Distinguished Member Array jumpwing's Avatar
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    These signs were put up by order of former (thank God) Mayor Nickels.

    AFTER he was told by the State Attorney General Rob McKenna that he couldn't do it (citing preemption).
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    2A oughta be a good pre-emption clause. But WA state definitely is serious with its "plain language". I wanted to post such good law :
    RCW 9.41.290
    State preemption.

    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. 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.
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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Pistology View Post
    2A oughta be a good pre-emption clause. But WA state definitely is serious with its "plain language". I wanted to post such good law :
    RCW 9.41.290
    State preemption.

    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. 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.
    So long as there is no penalty for passing such laws it will go on. The people passing them know full well that the worst that could happen to them is being told to stop it. At the very least anyone passing such a law should be held in contempt then both jailed and fined. To me it is serious enough to be classed as a felony and bar them from any future public office.

    Michael

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