This morning, the Second Amendment Foundation, National Rifle Association and other gun rights organizations, and five individual citizens filed the long-awaited lawsuit against the City of Seattle and Mayor Greg Nickels that seeks to nullify the city’s ban on firearms from parks and recreation facilities.
The city had been warned months ago that if the mayor went ahead with his plans to defy state preemption, the lawsuit would be coming. The outgoing mayor, who will leave office at the end of this year, was advised in late September by the Attorney General’s office that such a ban would violate Washington’s long-standing preemption statute that places sole authority for firearms regulation in the hands of the Legislature. This law has been on the books for more than two decades and has served as a model for laws in other states.
Joining in the lawsuit are the Citizens Committee for the Right to Keep and Bear Arms and the Washington Arms Collectors.
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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.-- RCW 9.41.290
At issue, according to the plaintiffs, are the rights of law-abiding citizens who have legitimate concerns for their safety in city parks. They include:
Winnie Chan, a Department of Corrections employee who lives and works in West Seattle. When she is not on-duty, she often carries her personal concealed handgun, particularly when she is going to be in unfamiliar locations, out late at night, or in large/crowded places. The DOC prohibits her from carrying her state-issued firearm when she is off-duty, so she carries a personal firearm. She is concerned that people she has encountered on the job may be disgruntled and pose a threat to her safety.
Likewise, Robert Kennar, who also works for DOC and occasionally visits Seattle parks and recreation facilities. He frequently works in Seattle and he has been a crime victim. He is licensed to carry a concealed handgun and always carries his personal firearm when not on duty.
Ray Carter, a West Seattle resident employed as a car salesman in Seattle is active in the gay community. He co-chaired the Pride Parade in the mid-1990s and founded the Seattle Chapter of Pink Pistols/Cease Fear. Licensed to carry, he frequently visits parks to enjoy the out-of-doors.
This ban affects the rights of allWashington citizens who may visitSeattle parks property and recreation facilities, and especially thousands ofgun owners, many of whom are members of both organizations. It essentially impairs the right of law-abiding citizens to bear arms for personal protection, which is explicitly protected by Article 1, Section 24 of the state constitution.” – Alan Gottlieb, Second Amendment Foundation Seattle
Gray Peterson of Lynnwood, who often visits Seattle parks facilities with his domestic partner. Active in the Seattle-area gay community, Peterson is licensed to carry and does so where it is legal because of concerns that he is vulnerable to hate-related crimes.
Gary Goedecke, owner and proprietor of Pikeplace Marketwear, a 35-year old business at Pike Place Market. A Bothell resident, he has been actively involved with the Pike Place Market for years. He is an avid gun owner and carries a concealed pistol wherever he can. Steinbrook Park is directly adjacent to the Market and is a very dangerous place; he fears for the safety of his wife (who also works at the Market) and his employees.
The lawsuit, filed in King County Superior Court names the City of Seattle, Mayor Greg Nickels and Timothy Gallagher, superintendent of Parks and Recreation, as defendants. Plaintiffs are represented by Seattle attorney Steve Fogg with the Seattle law firm of Corr, Cronin, Michelson, Baumgardner & Preece LLC.
For more info: Second Amendment Foundation. National Rifle Association. Citizens Committee for the Right to Keep and Bear Arms. Washington Arms Collectors.
Comments
This is great, -huge- thanks are due to the team at Liberty Park! This is just the latest of many reasons to support this local educational foundation, and it looks to me like you can still do that right at
saf.org/default.asp?p=safdonation
-Boyd
So, is this Mayor Nickles' revenge on the voters of Seattle? An expensive lawsuit for the taxpayer's to fund in retaliation for his being rejected for another term? It is really too bad that there's no way for the city to turn around and sue him for the cost of the lawsuit once the city has lost.
This is great, -huge- thanks are due to the team at Liberty Park! This is just the latest of many reasons to support this local educational foundation, and it looks to me like you can still do that right at
saf.org/default.asp?p=safdonation
-Boyd
Is there anyway possible that the cost of this exercise can be forced upon Nickles? If so, it should be done. This is simply his effort to pad his resume for a post election position with Mayors Agains Illegal Guns. And politicians wonder why we have completely lost faith in them?
For this, regardless of the outcome, SAF has a new member. This kind of challenge to our state constitution, our excellent preemption and to our right on our own public lands, paid for by the tax dollar, needs to be stopped, and resoundingly.
Let all other "Cities, towns, counties or other municipalities" pay close attention to the failure that will be this poorly conceived "rule", and remember who TRULY owns all public lands in Washington State. The tax payer, not the tax spender!
For this, regardless of the outcome, SAF has a new member. This kind of challenge to our state constitution, our excellent preemption and to our right on our own public lands, paid for by the tax dollar, needs to be stopped, and resoundingly.
Let all other "Cities, towns, counties or other municipalities" pay close attention to the failure that will be this poorly conceived "rule", and remember who TRULY owns all public lands in Washington State. The tax payer, not the tax spender!
An awesome pro-RKBA coalition. Good job, SAF. Proud to be a member of that, as well as NRA, WAC, and a dedicated supporter of Pink Pistols. Good job, Seattle!
PS--I've been sharing the SAF release with many liberal friends, who blink in amazement to find progressives and other highly tolerant people on the same side as NRA. NRA has gone out of its way to polarize and offend so often. 2A should not be a partisan issue. Good job, Alan!
PPS--I'm a lifetime NRA member.
I cannot see that this is in any way a civil matter requiring a lawsuit. This is a criminal matter. Nickels is the criminal.
He has taken it upon himself to break Wa. state law and federal law in his effort to deny civil rights to citizens of Seattle. The laws of both the state and federal governments are very clear on this. Why is he not being perp-walked to an arraignment in courts in each jurisdiciton?
Perhaps the residents and legislators of Washington state should be pressing for his arrest and arraignment and trial. Just a thought.
But when any of us break the law we don't get sued, we get prosecuted. He should too.
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