Seattle's Mayor Nickels Defends Gun Ban on City Property

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rainbowbob

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I sent Seattle's Mayor Nickels a letter explaning why his idea to ban guns from city property was a bad one. I don't have a copy of it, but I have previously posted a similar letter to the Seattle Times.

This is the Mayor's reply (or more likely one of his staff wrote this boiler-plate response)

Thank you for your correspondence regarding a “gun free” policy for city property.

The gun regulations in our state are some of the weakest in the country. While we have severe penalties for those who commit crimes with guns, state laws do very little to prevent convicted felons, children and the mentally ill from obtaining firearms. For many years the legislature has failed to pass common sense legislation that would protect our citizens by keeping guns out of the hands of those who should not have them. For example, our state allows mentally ill persons who have been involuntarily committed for fewer than 90 days to purchase and possess firearms. This year, the City of Seattle and the State Attorney General supported legislation that would have closed this mental health loophole, but the legislature failed to act on it.

The Washington State Supreme Court has ruled that cities may impose conditions related to firearms use on city property. The court held that certain types of firearms regulations related to city-owned property do not violate the State’s preemption statute.

I have directed city departments to adopt rules and policies related to firearms and other dangerous weapons that are permitted under the state’s preemption law. These rules do not infringe on Second Amendment rights nor do they violate the state’s laws and ordinances regulating firearms. While these new rules may inconvenience some gun owners who wish to bring their guns on city property, they will result in safer activities and events for all residents and visitors to our city.

We are currently studying how to appropriately enforce this order, beginning with signage and other notices of the rules. No rule, policy or regulation can stop all violent acts from occurring. However, we do know that by reducing the number of guns and dangerous weapons that are brought onto city property, the less chance there will be for violence to occur.

Thank you again for contacting the City of Seattle.

Sincerely,

GREG NICKELS
Mayor of Seattle


This is my reply:

Dear Mayor Nickels:

Thank you for your reply to my inquiry regarding your recent Executive Order establishing “gun-free” zones on city-owned properties.

I must ask on what data do you rely for your conclusion that gun laws prevent violent crime? I have diligently researched this issue as objectively as possible, and have found nothing credible to support such a theory.

Simply put: Violent criminals do not respect gun laws or any other laws – and responsible citizens do not commit violent crimes. You write that “…state laws do very little to prevent convicted felons, children and the mentally ill from obtaining firearms.” That is correct – at least as far as it goes. I would assert that NO laws can prevent such things from occurring.

Felons will obtain firearms as long as there are firearms on the planet – regardless of the law. Children must be prevented from handling firearms unsafely by their parents – not by any law. In fact, I would go so far as to say that if the state is truly interested in protecting children, they would initiate firearms safety courses in the public schools. Just as teaching “safe sex” practices presumably does not encourage children to engage in sexual acts – neither would learning about firearm safety encourage the use of firearms. However it would make children safer if and when they did encounter a firearm. There is already a policy in effect to restrict persons with mental illness from obtaining firearms. A court-ordered involuntary commitment of more than 14 days will disqualify them from legally possessing a firearm. If they chose to commit an act of criminal violence, they can still obtain a firearm illegally – just as any other criminal can. Keep in mind also that horrific criminal violence can be committed with any number of other weapons: from axes to sharp sticks.

Laws restricting law-abiding citizens from possessing firearms have never – and never will – eliminate or even reduce instances of criminal violence. One need only look at the crime statistics for cities such as Chicago and Washington D.C. – cities that have had laws on the books for decades banning responsible citizens from protecting themselves in their own homes – to see that gun laws simply don’t work. Since the gun bans went into effect in those cities, violent crime has escalated significantly, while in most other cities it has gone down.

If you can produce one iota of credible evidence these new rules “…will result in safer activities and events for all residents and visitors to our city…” or that “…by reducing the number of guns and dangerous weapons that are brought onto city property, the less chance there will be for violence to occur…” - I will join you in your crusade.

Although it may seem counter-intuitive, it can be demonstrated beyond reasonable doubt that an increase in the number of firearms available in a community has no negative correlation with the level of violent crime. In fact, the opposite appears to be true based on several large-scale studies of the subject. Although I will not make the claim that more guns in a community are responsible for reductions in violent crime; I can say that in most every city in which concealed permits are issued on a “shall issue” basis – violent crime has gone down – not up

On the other hand, if you cannot provide any evidence to the contrary – you should immediately cease and desist from infringing the rights of the citizens of our beloved city by making it illegal to defend oneself against criminal violence on city-owned property.

Respectfully yours,

Robert Gallaher
 
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I wonder if he wants to be liable should a violent crime occur in one of these "gun free zones" and a licensed carrier is killed or injured? By not providing adequate security to prevent such occurances private businesses can be held liable, why not this clown?
 
I lived there once for 2 months.It rained(drizzled)every day.The suicide rate must be very high.I thought about ending it more than once driving to work on another of the endless rainy days.A lovely city but pales next to San Francisco which it is trying to emulate politically.
Mayor Nickels might have the lowest mentality of any big city mayor in America.A hapless leftist boob who never saw a gun control law he didn't like.Makes even Daley and Miller of Toronto look like shining stars.
And now the Sonics are going to Oklahoma City?
And Bob your problems of the other night?
Maybe it's time to get out of latte land.
But a fine letter.Shame it will fall on deaf Socialist ears.
 
Maybe it's time to get out of latte land.

We are planning to move out of Seattle (if we can sell our house in this market) - but not far.

Bothell is only about ten miles up the road, but at least it has a different mayor and is in a diiferent county. And there is a magnificent new indoor range set to open up within a month just about five minutes from where we will be moving. Not only that, but there is a fantastic outdoor range about five minutes away as well.

Best of all...my daughter and grandson will be about five minutes away!
 
i just saw on the local news (ch13) that Nickels just said that the ruling today reaffirms the city's right to enact "common sense" gun laws. like the total ban on all city property. huh. i must have been reading the opinion wrong or something. i sure didn't see anything like that in there. Nickels ban will go nowhere. state pre-emption. the first time they try to enforce it, it will be taken to court and shot down, so to speak. just another warm and fuzzy feel good piece of blah blah blah that will accomplish absolutely nothing. nothing new there.


Bobby
 
Good for you, Robert. Thanks for taking the time to write an intelligent response to the Mayor of Seattle.
 
Bothell is only about ten miles up the road, but at least it has a different mayor and is in a diiferent county. And there is a magnificent new indoor range set to open up within a month just about five minutes from where we will be moving. Not only that, but there is a fantastic outdoor range about five minutes away as well.

Hate to go off on a tangent, but can you post a link or other information about this indoor range? My sister lives in Bothell, and I miss shooting at Weapons Safety Inc (a nice range Seattle area range that closed a few years ago) when I visit her. And I have to go visit her in order to renew my Washington CPL one of these days.

Nice letter, BTW.
 
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And there is a magnificent new indoor range set to open up within a month just about five minutes from where we will be moving.

I talked with the guys from DGS about their new range last year and was really looking forward to it. However, at $50/year (handgun only) to $250/year (handgun & rifle) annual membership and a $15/visit fee, it's pretty expensive. Maybe the market will support these rates - who knows?
 
I've recently moved to WA state from Oregon, and just last Friday applied for my carry permit. Does Seattle no allow concealed carry? I don't mean to hi-jack the thread, but what are Washington's and Seattle's regulations like? I think this state was more relaxed than Oregon, but perhaps not?
 
...at $50/year (handgun only) to $250/year (handgun & rifle) annual membership and a $15/visit fee...

Ouch! - I guess I didn't read the fine print.

...what are Washington's and Seattle's regulations like?

Actually, WA State is pretty good and is a "shall issue" state. That means they must issue a concealed permit if you qualify. It is also a preemption state which means state law supercedes local laws, and cities cannot enact restrictions more restrictive than state laws. The mayor might have a hard time on that basis.
 
Thanks for the range info. Your guys must have had some cheap ranges, those prices are similar to prices here in northern Virginia, for a visitor I think $50 + $15 is doable-not likely to bring my rifle out-for one thing I can't bring my SBRs, right :)

Washington is shall issue with some pretty strong pre-emption laws. Don't know about Oregon, but in one way it is better than VA in that you can carry concealed into restaurants that serve alcohol as long as you stay out of the marked bar area.
 
In defense of Seattle:

a) Nickels wants to put in place laws that are prima facie contrary to state preemption -- maybe he just knows this is a way to appeal to a certain (and Yes, in Seattle, a large) constituency, even though these rules hold no water. Seems like ordinary politics to me. And even if his devotion to the rules is because he's a sincere idiot, state preemption still wins.

b) Sure, it mists a bit once in a while, and the weather's not everyone's favorite. It suits me, though, and I'm champing at the bit to finally be back (which should happen in early September). THR is not a travel/lifestyle-planning site, or I'd start extolling the virtues of Seattle (and its surround) at length, which I tend to do anyhow ;)

timothy
 
Hizzoner said:
The Washington State Supreme Court has ruled that cities may impose conditions related to firearms use on city property. The court held that certain types of firearms regulations related to city-owned property do not violate the State’s preemption statute.

Does anyone know what case or cases he is referring to - and if in fact their ruling would allow his new rules?

He also said:
We are currently studying how to appropriately enforce this order, beginning with signage and other notices of the rules.

The only way to enforce an order of a "gun free" zone at the Seattle Center would be to fence off the entire 12 acres and install magnetometers at the gates. Good luch with that, Nickels! I predict that even people who don't care about CCW would stay away in droves.
 
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Yes, he is referring to the Sequim case I referenced in the other thread: http://www.thehighroad.org/showthread.php?t=369221

Although medmal law is my area of expertise, I think his approach most definitely has a shot at working. No doubt it will take a Washington appellate court decision to make a definitive ruling as to if the state pre-emption statute applies to rules and policies that pertain to owned property. See my comments in the other thread.
 
Great response to the mayor's canned speach. Maybe you should run against him, it seems to me you have a better grasp of reality than he does.

It's no wonder why most of my relatives have always lived outside of Seattle proper. I know most of them would like to see Seattle/Tacoma become it's own state to keep the uninformed from influencing the rest of the state.

Found a couple interesting things in the regs and laws pamphlet that I got when I bought a rifle from the Sportsman Warehouse. RCW 9.41.290: "The state of WA hereby occupies and preempts the entire field of firearms regulations within the boundry of the state..."
and RCW 9.41.300 (2b) Unlawful to carry a firearm in certain places "Restricting the possession of firearms in any stadium or convention center, operated by city..., except that such restrictions should not apply to: Any pistol in the possession of a person licensed under (concealed carry permit) or exempt under (law enforcement)"

So I'm trying to understand how the mayor thinks he has the upper ground on getting this passed?
 
A quote taken from the reply from the Mayor's office :
While these new rules may inconvenience some gun owners who wish to bring their guns on city property, they will result in safer activities and events for all residents and visitors to our city.

H O W ??

How will making city property a "gun free zone" make for safer activities and events ?!? It just doesn't make sense. We have no "Gun Free Zones" on any township lands, in the town halls or at any or the 1788 township monthly meetings held in Minnesota. That's about 21,000 monthly meetings every year that have NEVER turned into a gun battle and I suspect that there are several people carrying legal weapons at many of them.

We have had only one incident that I can remember where someone brought a weapon to a county commissioner's mtg and took hostages. He was there to commit "suicide by police" (which he accomplished) and was the only one killed. One one else was killed or wounded.

When you add up all of the township, city, county and state meetings that are held every year and divide by the number of gun incidences that happen at them............. I'd wager that it's a pretty safe place to be.

When you start making places safe for the criminal element to commit their crimes (by creating "Gun Free Zones) you need to be voted out of office.
 
Yes, he is referring to the Sequim case I referenced in the other thread: http://www.thehighroad.org/showthread.php?t=369221

Thanks MillCreek...I had forgotten about your previous post answering that question. So maybe he can get away with it...good luck enforcing it.

I will sure rest easier knowing that, even though I may be inconvenienced - I will be much safer.

What is interesting to me is that I think many people (including the Mayor) really do believe this stuff. Maybe it is counter-intuitive to recognize that more guns make us safer from criminal violence - and fewer guns make us less safe. I know a lot of seemingly intelligent, well-meaning people that just can't get their minds around this reality.
 
I Fixed the Mayor's Statement

While these new rules may inconvenience some gun owners who wish to bring their guns on city property, they will result in safer activities and events for dirt bags and criminals as they freely prey on innocent victims and the peaceful citizens and visitors in the chaos of Seattle, now known as DC West
 
Great response to the mayor's canned speach. Maybe you should run against him, it seems to me you have a better grasp of reality than he does.

The majority of people in Seattle have no concept of reality.
The wackier and more liberal the politician, the better.
Jim McDermott is a good example.
 
On Monday six Democrats from rural districts called on Attorney General Rob McKenna to issue an opinion on a city's authority to ban people who legally possess firearms from city property and facilities.

http://seattlepi.nwsource.com/local/369041_guns01.html

With all the recent shootings, experiencing a burglary last week and the fact that I walk my dog around a park at night I hope they come back saying that Greg can't ban them in Seattle Parks.


P.S thank goodness that the safe worked and they didn't get away with any firearms.
It only took 2 hours and 40 min for the police to show up and check out the house.
 
Awesome! I hadn't seen this - thanks for the link. These are Democrats -including the House majority leader!

"The statement from us is that our districts are just a totally different culture and it's a big part of our culture, people hunt and they carry their gun rights on their sleeve," said House Majority Leader Lynn Kessler, D-Hoquiam. "We represent people who are adamant about the Second Amendment of our Constitution and we try to represent them."

"I'd like to know whether cities like Seattle can set aside the Bill or Rights when you walk onto city property," Rep. Van De Wege said. "Public safety is important to us all, but it seems to me an outright ban infringes on the right of citizens to legally carry a gun."

"There are a lot of questions, but I would also like to know if state laws are being preempted by Seattle's mayor."

"There aren't enough votes in our caucus to get any kind of gun control bills out," Kessler said.
 
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