Originally published Thursday, December 1, 2011 at 8:37 PM
State high court asked to review gun-ban case
The city of Seattle is asking the state Supreme Court to determine whether municipalities can ban people from carrying guns in local parks and community centers where children gather.
The Associated Press
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The city of Seattle is asking the state Supreme Court to determine whether municipalities can ban people from carrying guns in local parks and community centers where children gather.
Seattle instituted its ban in 2009, after three people were injured in a shooting at the 2008 Folklife Festival. Several individuals with concealed-weapons permits challenged the ban, and a King County Superior Court judge struck it down as pre-empted by state law governing firearms regulation.
A state appeals court upheld the decision Oct. 31.
In petitioning the high court to take the case, the city argues the appeals and lower courts got it wrong. Everyone in the state should be alarmed that state law has been interpreted to ban such reasonable gun restrictions, said City Attorney Pete Holmes.
"Seattle did not attempt to ban firearms for all city property, just parks and playgrounds frequented by families with children," Holmes said in a written statement. "The notion that Seattle can't protect their most vulnerable residents on the city's own property is inimical to the principles of local autonomy."
The Bellevue-based Second Amendment Foundation has said it is confident the ban is unlawful. State law forbids cities from adopting their own gun regulations, said Dave Workman, senior editor at Gun Week, a publication owned by the organization.
The city insists state law merely prohibits municipalities from adopting their own criminal laws on firearms. In this case, the city's lawyers say, there are no criminal penalties for violating the gun ban, though people who refuse to honor it could be cited for trespassing if they refused to leave the park.
The firm of Orrick, Herrington and Sutcliffe is representing the city for free. Its lawyers argue that the ban set reasonable conditions for the safe use of its recreational facilities — as the state Supreme Court permitted in a 2006 decision involving a gun show in the city of Sequim.
"The ruling in this case affects the authority of hundreds of county and municipal governments to set conditions for use of properties they own, in order to meet the needs and wishes of their citizens," they wrote.
Last year, a U.S. District Court judge in Seattle ruled that the ban did not run afoul of federal law.
Workman said the ban isn't just illegal but ineffective. Anyone intent on shooting someone at a park won't be deterred by a city policy banning firearms, he argued.
"It's not going to prevent some gangbanger or rapist or other kind of criminal from harming someone else in the park, and it's never been clear why people who propose such bans think that it will," he said.
"You're going after the wrong people."




To carry a concealed weapon in a park..you must have a concealed weapons permit. If... (December 2, 2011, by leifer)
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