PDA

View Full Version : (WA)(SAF) Seattle Gun Ban Struck Down!


Gray Peterson
02-12-2010, 7:12 PM
I am proud to announce here, as one of the plaintiffs in the case, that the Seattle (WA) Parks Gun Ban has been STRUCK DOWN!

SAF, NRA VICTORY: COURT STRIKES DOWN SEATTLE PARK GUN BAN
For Immediate Release: 2/12/2010

SEATTLE, WA – A King County Superior Court judge has ruled in favor of a lawsuit filed by the Second Amendment Foundation and National Rifle Association, striking down a ban on guns in city parks because it violates Washington State’s long-standing preemption statute.

Judge Catherine Shaffer ruled from the bench that the gun ban, adopted under former Mayor Greg Nickels, violates Washington’s law, which placed sole authority for regulating firearms in the hands of the State Legislature. That law was adopted in 1983 and amended in 1985, and has served as a model for similar laws across the country.

SAF and NRA were joined in the lawsuit by the Citizens Committee for the Right to Keep and Bear Arms, the Washington Arms Collectors and five individual plaintiffs.

“This is a great victory for the rule of law and Washington citizens,” said SAF Executive Vice President Alan M. Gottlieb. “Greg Nickels was so blinded by his personal hatred for firearms owners and his own arrogance that he imagined the city under his control could simply ignore state law. That arrogance cost Nickels his job last year. We repeatedly warned him not to push a gun ban, but he refused to listen.

“It is also a victory for the Legislature,” he observed, “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. The ruling solidifies the legislature’s authority and sends a message to city and county governments to stop meddling with the rights of Washington citizens.”

Gottlieb suggested a review of local ordinances may now be in order, so that city and county governments can be compelled to remove old gun regulations or face legal consequences.

“This ruling puts anti-gun local officials on notice that legally-armed citizens have rights, too,” Gottlieb stated.

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

Report from King5 (http://www.king5.com/news/local/Judges-ruling-ends-Seattles-gun-ban-84272067.html):

SEATTLE - A Judge has just ruled that the city of Seattle ban on guns on city property is illegal, effectively ending the ban.
The 2nd Amendment Foundation, the National Rifle Association, and several individuals, including a gay rights activist (From me: note this is me
they're referring to) and a Department of Corrections worker sued the City of Seattle and former Mayor Greg Nickels in October. They demanded
the city repeal a controversial ban on guns in places like parks and community centers.
The individual plaintiffs say they're suing not just on principal, but because they now "fear for their safety", according to their lawsuit.
King County Superior Court Judge Catherine Shaffer made the ruling today after the plaintiff’s filed a motion for Summary Judgment and prevailed.
Mayor Mike McGinn issued the following statement:
"I am disappointed in today's ruling. Cities should have the right to restrict guns in playgrounds, pools and community centers where children are
present. 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."

dustoff31
02-12-2010, 7:16 PM
Congratulations!

dantodd
02-12-2010, 7:16 PM
Congrats Gray!!! Thanks for everything you contribute to the fight both on the homefront and down here in CA!!!!

Hopi
02-12-2010, 7:17 PM
Well done Gray.

Well done SAF.

Well done NRA.


Well done.

Neuvik
02-12-2010, 7:18 PM
Awesome work! That must have been a hard fought one.

BobB35
02-12-2010, 7:22 PM
Report from King5 (http://www.king5.com/news/local/Judges-ruling-ends-Seattles-gun-ban-84272067.html):[/QUOTE]

Congratuations on the victory.

Sounds like the current Mayor doesn't get it either though, keep your eyes open, he may have to be shown the door.

Gray Peterson
02-12-2010, 7:27 PM
Congratuations on the victory.

Sounds like the current Mayor doesn't get it either though, keep your eyes open, he may have to be shown the door.

It seems like from the press release that they won't appeal it, though I count on nothing, since they can appeal in the next 30 days.

-Gray

pTa
02-12-2010, 7:41 PM
I am disappointed in today's ruling. Cities should have the right to restrict guns in playgrounds, pools and community centers where children are
present. 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.

Mayor Mike McGinn better not be as delusional as his predecessor.
He may not appeal the decision, but he's gonna try to push his State Govt counterparts to reverse RCW 9.41.290.

pTa
02-12-2010, 7:43 PM
PS Congratulations Gray

liketoshoot
02-12-2010, 7:56 PM
Standing O and Thank you

loather
02-12-2010, 9:13 PM
Excellent news!

Foulball
02-12-2010, 9:19 PM
Great Job!!!!
Congrats to all.

dirtnap
02-12-2010, 9:29 PM
outstanding!

nick
02-12-2010, 9:44 PM
Good job!

NiteQwill
02-12-2010, 10:26 PM
So awesome. This is great to hear!

N6ATF
02-12-2010, 10:40 PM
The individual plaintiffs say they're suing not just on principal, but because they now "fear for their safety", according to their lawsuit.

Principle.

Sigh.

Mstnpete
02-12-2010, 10:50 PM
Congratulations! Great news ! I'm originally from Issaquah, WA!
We need your help here in CA!
Well Done! :clap:
I should go back home and renew my CCW!

JDoe
02-13-2010, 8:21 AM
Good news! Thanks to everyone who played a role in this success!

Just one quick question...given that “Greg Nickels was so blinded by his personal hatred for firearms owners and his own arrogance that he imagined the city under his control could simply ignore state law." and his actions cost the city of Seattle $$ is there any effort to recover costs from Nickels?

hoffmang
02-13-2010, 9:44 AM
Gray,

Can you use the access laws as this case winds up to find out how much Seattle spent. I'm hoping WA has a private AG statute so that Seattle has to pay SAF/NRA as well...

-Gene

vantec08
02-13-2010, 10:52 AM
5ssssssssssssss gray!

nobody_special
02-13-2010, 11:01 AM
Very nice, congratulations.

Gray Peterson
02-13-2010, 11:41 AM
5ssssssssssssss gray!

What?

Southwest Chuck
02-13-2010, 11:44 AM
What?

High fives?....Give me five? ;)

Gray Peterson
02-13-2010, 12:00 PM
Congratulations! Great news ! I'm originally from Issaquah, WA!
We need your help here in CA!


What makes you think I'm not already helping? :ninja: :31:

PatriotnMore
02-13-2010, 12:08 PM
Wow, I missed this yesterday, congratulations WA. and thank you for your efforts Gray. Another win for the 2A. :cheers2:

Gray Peterson
02-13-2010, 12:47 PM
Wow, I missed this yesterday, congratulations WA. and thank you for your efforts Gray. Another win for the 2A. :cheers2:

I'm merely a cog in the machine. If you want to thank anyone, thank Winnie Chan (who took the lead plaintiff position), Ray Carter (of Ceasefire/Seattle Pink Pistols), Alan Gottlieb at SAF for funding it and hiring the lawyer, Stephen Fogg at Corr Cronin LLP for well representing this issue for us in state court, Chris Conte at the NRA for their involvement and funding, and Dave Workman at Gun Week/Seattle Gun Rights Examiner for keeping the fires going since Mayor Nickels originally announced the gun ban in June 2008.

The only thing I *might* have done for it is to point out during discussions within plaintiffs and counsels the lie the city told in it's motion for summary judgement, claiming falsely that Heller had limited the 2nd amendment to the home, which Alan Gura thoroughly destroyed that argument (http://www.archive.org/download/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.15.0.pdf). I believe that was argued and handed to the judge in papers, but I am not certain.

bigcalidave
02-13-2010, 1:31 PM
That's Excellent news !!! Great work SAF!! This year will see a LOT of gun bans falling... hahah!

Big Jake
02-13-2010, 5:13 PM
+1 for our side!

campperrykid
02-14-2010, 4:53 AM
Great news.
Another big win for the big team.