Judge says Seattle gun ban is illegal

This is a discussion on Judge says Seattle gun ban is illegal within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by narcberry This is definitely a victory. However, the decision wasn't based on the 2A. It was based on state law prohibiting any ...

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Thread: Judge says Seattle gun ban is illegal

  1. #16
    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by narcberry View Post
    This is definitely a victory.

    However, the decision wasn't based on the 2A. It was based on state law prohibiting any municipalities (that's you Seattle) from restricting gun carry in a couple places, like parks. Legislators are already talking about changing state law to allow these types of restrictions, and based on their recent midnight votes, it may get done soon without any support from the people (anyone noticing a national theme here?).

    If things progress that way, we would need to get our case to a district or the supreme court to fight it based on the 2A. However, Californians have tried that a bunch, and count how many of your guns/mags are legal there.
    Well put. The recent success of the Legislators to over ride bills that we the people put in place effectively put an end to a government For the People By The People.
    If we do not put an end to the governments ability to over ride the will of the people, the Constitution as we know it is done. That midnight vote is the most blatant act of insurrection I have ever seen
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

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  3. #17
    Distinguished Member Array BigStick's Avatar
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    This is great news, and I agree that he should have to pay for it himself. The only problem is that the guy that "we" (I put we in quotes because it was most definitly not me. Who is it that votes for these guys?) replaced him with a guy who still thinks it was a good idea and is trying to change state law to allow him to out it back in effect. I doubt that he could get any change to the constitution to pass, but he will try, and continue to waste our money and resources while doing it.

    How do these people keep getting elected???
    Walk softly ...

  4. #18
    Member Array bgriffin70's Avatar
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    These people keep getting elected in Seattle... because we have a bunch of hand-holding, rainbow-bright, pride marching idiots running around in their little corporate suit & tie, "never happens to me" worlds, wondering how the other half lives!

    And sadly, I think I WORK with the majority of them !!!
    Boomer Sooner!

  5. #19
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    I live about 40 miles north of Seattle and all I can say is you still see way too many "O"bot stickers on the backs of cars. You can talk to them for about ten minutes and realize they took the blue pill.

    Perhaps that's why they re-defined states by color of red and blue. You know which side is red don't you?
    For the stength of the pack is the wolf, and the strength of the wolf is the pack. - R. Kipling

    Romans 1:22 Claiming to be wise, they became fools [professing to be smart, they made simpletons of themselves].

  6. #20
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    Cities suck. Seattle sucks more than most.

    Quote Originally Posted by Fred View Post
    I live about 40 miles north of Seattle and all I can say is you still see way too many "O"bot stickers on the backs of cars. You can talk to them for about ten minutes and realize they took the blue pill.

    Perhaps that's why they re-defined states by color of red and blue. You know which side is red don't you?
    I live west on the peninsula. Like up north and east of the mountains it is pretty civilized. Sadly our state keeps being defined by those morons in Seattle. I'm sick of paying for their bridges, stadiums and programs. The EMP or whatever that psychedelic elephant turd under the Space Needle is, should be the symbol for Seattle. Big giant do do on acid.
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

  7. #21
    VIP Member Array paramedic70002's Avatar
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    Judge Says Seattle Gun Ban Constitutional - News Story - KIRO Seattle
    Judge Says Seattle Gun Ban Constitutional
    Posted: 12:13 pm PST March 12,2010

    SEATTLE -- A federal judge has ruled that Seattle's ban on firearms in city parks and community centers is constitutional.
    U.S. District Court Judge Marsha Pechman ruled Thursday that the city of Seattle was within its rights to enact the gun ban.
    Pechman says the Second Amendment constrains the actions of Congress, not cities and states.
    Pechman's decision follows a King County Superior Court ruling last week that came to the opposite conclusion, saying the city rule cannot be enforced.
    A Kent man challenged the city's firearms ban by carrying a weapon into the Southwest Community Center last year. He was asked to leave. There are no criminal or other penalties under the city's gun ban.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  8. #22
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    Quote Originally Posted by paramedic70002 View Post
    Judge Says Seattle Gun Ban Constitutional - News Story - KIRO Seattle
    Judge Says Seattle Gun Ban Constitutional
    Posted: 12:13 pm PST March 12,2010
    This is such a pile of bull pucky not saying the post is inaccurate but that the judge is a freaking MORON. What makes Seattle's gun ban illegal is state preemption. This can not stand I hope it is being appealed I can not find anything
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

  9. #23
    Senior Member Array RemMod597's Avatar
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    US District Court Judge Pechman is an idiot. The original suit was not about the 2nd Amendment, it was about state pre-emption.


    The maximum effective range of an excuse is zero meters.

  10. #24
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    Quote Originally Posted by RemMod597 View Post
    US District Court Judge Pechman is an idiot. The original suit was not about the 2nd Amendment, it was about state pre-emption.
    This was already discussed in this thread :This will be the shortest lived judicial decision on 2A ever

    In summary:
    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 second 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 in the first case 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.

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