In Seattle
News Alert: A federal judge has ruled Seattle’s ban on carrying firearms in city parks and community centers is constitutional.
Remember, I do this to entertain me, not you.
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March 12th, 2010 at 5:26 pm
Should have waited until McDonald comes out to sue for damages.
March 12th, 2010 at 5:51 pm
He can rule all he wants, but the original ruling was made under the provisions of the Wa state constitution.
No 2A claim was made, and the judge ruled as if it was.
In this state, the state preempts the enacting of local gun laws via it’s constitution, so the law is still invalid, and the judge seriously erred, as the entire basis for the ruling is flawed.
March 12th, 2010 at 7:38 pm
According to the Federal Constitution’s 10th amendent, this is entirely a State Issue, and therefore, should not have been allowed on a Federal Court docket.
Washington State, in it’s Constitution, has a very well-defined section regarding Municipalities and/or Counties being forbidden from superseding the State’s firearms laws, especially in requiring more stringent rules than the State. It is FORBIDDEN !!! We have been going around-and-around on this issue for over 2 years here, and it is the major reason the last Mayor of Seattle was voted out of office.
Don’t King County voters have even the slightest bit of intellect?
March 12th, 2010 at 8:03 pm
The decision reads like an outline of how to refile the case after McDonald v Chicago comes out, in order to win the case and also to hold Mayor Nickels personally liable for damages.
I am thinking this will happen. And then Nickels can pay personally for his bigoted behavior.
March 12th, 2010 at 8:03 pm
http://nwfreethinker.blogspot.com/2010/03/warden-decision-does-not-revive-seattle.html
March 13th, 2010 at 1:51 am
This is the wrong case to refile after McDonald. There’s too much language in Heller that could be used against it. We don’t want any government property to be subject to ban. If you file this case before there’s even a ruling on right-to-carry that’s likely what you’ll get.
March 13th, 2010 at 10:37 am
Steve, I think there were two challenges, the state court challenge on the legality of the law — which we won — and the federal court challenge on the constitutionality of the law — which we lost, of course.
In other words, the law is still invalid as you say, but in Washington such a law would be upheld as constitutional under Heller.
IMHO, someone got his panties into a “SHALL NOT BE INFRINGED!” bunch and pushed a bad case onto the courts. Incidentally, cases such as this one were the reason the NRA was so hesitant to file 2nd Amendment challenges before O’Connnor left the court.
March 13th, 2010 at 2:03 pm
What I find interesting is the judge ruled that “the Second Amendment does not apply to the City of Seattle under current 9th Circuit law.”
Did he not remember that the 9th Circus ruled several months back that the 2nd does apply to the States? Or does the fact that the en-banc rehearing of that decision is on hold pending the decision in McDonald mean the original decision is not in effect?
March 13th, 2010 at 5:07 pm
Or does the fact that the en-banc rehearing of that decision is on hold pending the decision in McDonald mean the original decision is not in effect?
That is the case.
March 13th, 2010 at 7:08 pm
John Hardin
Ah, if only it were so, damn it! Unfortunately the 9th decision on Nordyke v. King was put on ice until the issue of McDonald v. Chicago is settled.
March 14th, 2010 at 9:58 am
Has anyone since been arrested under this ordinance, or are the local cops in Seattle made of more intelligent stuff than Hizzoner?
March 14th, 2010 at 10:01 am
If I’m the Seattle COP, and my State Supremes tell me that the law is unconstitutional under WA law, I’m not going to have my cops arrest under that law, even if some whacky Federal Judge says they can.
If I’m a savvy Seattle patrolman, I’m not going to arrest either, I’m just going to write up the facts and refer it to the DA, who will likely dismiss the case.
March 14th, 2010 at 2:04 pm
The Ninth Circus is full o’ whacky … more decisions overturned than any other … and were even threatened with wholesale removal once when they tried to overturn a SCOTUS decision on their own.
With two exceptions, that entire group needs to be impeached once we get enough conservative Senators to do it.