AG says Nickels' authority restricted on guns

Seattle Mayor Greg Nickels does not have the authority to prohibit guns on public property, says State Attorney General Rob McKenna.

McKenna's opinion, which had been requested by state legislators, is nonbinding, so the city can proceed with its gun prohibition on public property. But historically, such opinions have been given great weight in court, according to the Attorney General's Office.

Washington state law "pre-empts a city's authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities," McKenna wrote with Deputy Solicitor General William Collins in the opinion issued Monday. Nickels said the ban is needed for public safety.

"While we appreciate the Attorney General's opinion, we have a moral responsibility to pursue common-sense gun laws," Nickels said in a statement.

"We cannot wait for another incident, or another victim. Our communities face real consequences if our state fails to act and I am hopeful that we will get further clarity on this issue. The simple fact is our public buildings, events, parks and community centers are safer without guns."

In May, a man who had a concealed-weapons permit fired a gun at Seattle Center's Northwest Folklife festival and wounded three other people.

Two weeks later Nickels issued an executive order directing city departments to come up with a plan to make city facilities — including buildings, parks and community centers — gun free. He said the city would post signs about the ban on city property, and would charge people who violated it with trespassing.

The Mayor's Office is now drafting an administrative rule and plans to hold a public hearing.

Many questioned whether the city had the authority to restrict firearms. In Washington state, cities cannot go beyond state restrictions on firearms. State legislators led by Sen. Bob Morton, R-Kettle Falls, and Rep. Kevin Van De Wege, D-Sequim, requested a legal opinion from McKenna's office.

The city has suggested that a state Supreme Court ruling permitting the city of Sequim to regulate firearms at a gun show in a city convention center allowed Seattle to make similar restrictions.

After reviewing the Sequim case, which was filed by Pacific Northwest Shooting Park Association, McKenna wrote that in that instance the city was acting as a private business owner.

Under Mayor Nickels' prohibition however, the city would not be acting as a private business owner because large parts of city property are generally open to the public, McKenna wrote.

Two organizations, The Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms, have notified Nickels they intend to mount a legal challenge to his order.

Sharon Pian Chan: 206-464-2958 or schan@seattletimes.com