Will Seattle gun ban stand up to legal review?

Seattle Mayor Greg Nickels recently targeted firearms by prohibiting guns on city property, including parks and community centers. His executive order, signed on June 9, directs city departments to develop "a plan to implement a gun-free policy." The mayor cited the May 24 shooting at the Folklife Festival as reason for these measures.

The order from Mayor Nickels comes at an interesting time, given a June ruling from the U.S. Supreme Court. In the most significant Second Amendment ruling in the nation's history – certainly one of the momentous decisions from the last session – the high court ruled that the Second Amendment protects an individual right to bear firearms. The ruling struck down the District of Columbia's thirty-year-old ban on handguns.

Despite the win for gun rights advocates, Nickels claimed the ruling "reaffirms our reasonable efforts in Seattle to make our citizens safer."

Critics, such as Dave Workman, senior editor for Gun Week magazine, say Mayor Nickels exceeds his authority. Paul Guppy of the Washington Policy Center says the measure will likely prove ineffective: "people who seek to hurt others don't obey gun laws, so adding more laws won't help," he said.

Washington state law specifically prohibits local governments from adopting policies that are more restrictive than state law. The Washington Constitution also provides strong protection for gun owners: "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired...."

Commenting on Nickels' proposal, Police Chief Gil Kerlikowske told the Seattle Post-Intelligencer, "I wouldn't quite say there is a constitutional right to carry a gun at every city-sponsored event or in many buildings that already exist throughout the state."

Hoping to get some legal guidance on Seattle's firearm ban, a group of Democrat lawmakers have requested a formal opinion from the Office of the Attorney General. Fourteen Republican legislators filed a similar request. Attorney general opinions are not binding, but are often relied upon by courts when issuing decisions. A decision on Seattle's gun ban should be issued sometime in October.

 

 

Topics: gun rights