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; Former Mayor Nickles should now have to repay the City and the taxpayers for every penny thrown out the window since this fiasco started on ...
February 13th, 2010 01:15 AM
Judge says Seattle gun ban is illegal
Former Mayor Nickles should now have to repay the City and the taxpayers for every penny thrown out the window since this fiasco started on day one. He knew full well what he was doing was illegal, but didn't care about the law.
New Mayor McGinn, tho, seems a bit slow on the take-up (see below).
Anyways, the court has spoken!
Judge: Seattle gun ban is illegal
By Martha Kang
SEATTLE -- The law has sided with gun rights advocates who took the city of Seattle and former Mayor Greg Nickels to court over the city's gun ban.
King County Superior Court Judge Catherine Shaffer on Friday ruled in favor of the plaintiffs - the Second Amendment Foundation, the Citizens' Committee for the Right to Keep and Bear Arms, Washington Arms Collectors, National Rifle Association and five individuals - and declared the city of Seattle's gun ban at public places is in direct violation of Washington state's firearm pre-emption law.
In issuing the ruling, Shaffer wrote, "Seattle's Department of Parks and Recreation's Rule/Policy Number P 060-8.14 ("Firearms Rule") violates Washington law and on that basis, is null and void."
The city has been ordered to remove all signage banning weapons from public areas within 30 days.
Last June, Nickels issued an order banning guns on city facilities where children are likely to frequent. The places on the ban list include parks, playgrounds, community and environmental learning centers, sports fields and courts, swimming beaches, pools, water play areas, skate parks and golf courses.
The plaintiffs' complaint challenged Nickels' executive order, stating "ownership of firearm is a clearly protected right under the United States and Washington Constitutions."
The complaint also cited Washington state Attorney General Rob McKenna, who issued an opinion in response to the city's ban, stating state laws "preempts a city's authority to adopt firearms law or regulations of applications of the general public."
SAF Executive Vice President Alan M. Gottlieb called Friday's ruling "a great victory for the rule of law and Washington citizens."
"It is also a victory for the Legislature," Gottlieb said, "because this case affirms the intent of lawmakers in 1983 to prevent cities like Seattle from creating a nightmare patchwork of conflicting and confusing firearms regulations."
Seattle Mayor Mike McGinn, on the other hand, said he's "disappointed" in the ruling.
"Cities should have the right to restrict guns in playgrounds, pools and community centers where children are present," he said. "The court's ruling was based on a state law, RCW 9.41.290, which preempts Seattle from regulating the possession of firearms. It's time for the state Legislature to change that law."
February 13th, 2010 02:49 AM
Nickels was a JOKE, and he paid for it via the voice of this year's voters !!!
This McGinn guy seems to be another "clown," representing the Liberal "rainbow bunch" holding hands, marrying their goats and parading down Seattle's Capitol Hill neighborhoods, but who knows.
I am VERY PLEASED to see the courts stand up and find in support of the 2A laws that shall not be infringed upon !!!!!!!!!! Personally, I wish we could "clean house" in Olympia, but too many Liberals to likely ever see that happen, sadly enough.
Nevertheless, this is great news and I agree; Nickels should have to pay back every penny !!! Too bad he couldn't be sought after in a civil case, whereas he would be financially responsible for the mess!
February 13th, 2010 08:24 AM
I'm happy to see any pro 2a victories!
February 13th, 2010 08:29 AM
And as it should be...
The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.
Certified Glock Armorer
NRA Life Member
February 13th, 2010 10:50 AM
Originally Posted by bgriffin70
February 13th, 2010 11:17 AM
Maybe Mayor Mike McGinn should consider moving to a country that has laws more to his liking.
Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato
February 13th, 2010 01:36 PM
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February 13th, 2010 01:54 PM
CCW permit holder for Idaho, Utah, Pennsylvania, Maine and New Hampshire. I can carry in your country but not my own.
February 13th, 2010 02:05 PM
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
February 13th, 2010 03:43 PM
February 13th, 2010 08:48 PM
Ought to drive the morons at the PI crazy!
Desperate people do desperate things in desperate situations.
Heavily medicated for your protection.
Kimber Tactical Custom II, SIS Pro
February 13th, 2010 09:06 PM
That decision should have only taken 5 minutes.
February 13th, 2010 09:21 PM
NOT LIVING IN FEAR, JUST READY!!!
I do not love the bright sword for its sharpness,
nor the arrow for its swiftness,
nor the warrior for his glory.
I love only that which they defend.
February 13th, 2010 11:12 PM
Thanks to the legal team and persons who made this possible.
Who would have ever thought it? Politicians must follow the law!
"a reminder that no law can replace personal responsibility" - Bill Clinton 2010.
February 14th, 2010 12:31 AM
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.
Crime should be outlawed.
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