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Seattle Gun Rights Examiner

SAF, NRA file lawsuit to overturn Seattle parks gun ban

October 28, 12:24 PMSeattle Gun Rights ExaminerDave Workman
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   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with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.-- RCW 9.41.290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 all Washington citizens who may visit Seattle parks property and recreation facilities, and especially thousands of Seattle gun 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
 
   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.
 

 

 

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