Seattle man to pack a pistol into community center to protest mayor's ban

[NavyLCDR]

I thought that was his point, that the city had passed an ordinance that he wanted to be charged with violating so he could contest the ordinance.

What is it, just a citation for carrying? Or did he just want to be denied admission to the park? If they simply asked him to leave without a cause it doesn't seem that he would get the standing to contest this that he wanted.

The mayor prohibited firearms in these places (actually he made the Parks and Recs Department prohibit firearms). He did not enact any ordinance or statute that carries any weight of law because he knew that if he did it would be immediately, without action, voided by state preemption. That is how he, in his mind, thinks he got around preemption, he did not criminalize firearms possession, he merely said, "Don't bring a gun on my property."

The Seattle Police Department can only enforce the prohibition by removing a person carrying a firearm, but they can do nothing about the lawfully carried firearm itself.

Now, Warden has a case against the City of Seattle for not allowing him access to public property even though he met all lawful conditions for entry onto that property, by claim that the gun ban is not a lawful condition for entry. That's what the court case is centered around, public property vs private property and property owner's rights.

If the courts uphold Nickels ban (and I don't see how they could) it would completely invalidate preemption altogether because then any city or county could claim that they owned the public property in their care and, therefore, as property owner, vice being a government, prohibit firearms on "their" property.

 

[TexasRifleman]

Ahh OK, I thought he got the actual city code amended.

 

[xjchief]

http://www.king5.com/news/local/Kent-man-protests-gun-ban-at-community-center-70116362.html

Kent man protests Seattle gun ban at community center

SEATTLE - Bob Warden alerted everyone that he was going to take his legal, concealed, and holstered Glock into the Southwest Community Center at noon.

"Public officials who choose to completely go against the law should not be able to get away with it," he said.

Warden was protesting the recent executive order by Seattle Mayor Greg Nickels to ban the possession of firearms at designated city facilities and parks.

It was reaction to the shooting at Seattle's Folklife Festival last year.

The state Attorney General's Office says it doesn't believe the city has the legal right to make such an order.

"Some people are going to look at this as if the city of Seattle has a big sue me sign on it," said Dan Sytman of the Attorney General's office.

The one-man protest was over in a minute.

The media circus made little sense to some parents.

"He's got a right to make a legal challenge but I support the city's decision," said Marco Millanese.

But Warden says it now lays the groundwork to continue to fight the issue.

"I now have the legal standing to file suit to challenging the rule," he said.

He says that's because he was personally turned away, unlike the plaintiffs in another case.

"We're absolutely prepared for the challenge," said Nickels spokesman, Alex Fryer.

As far as the Attorney General's opinion goes, Fryer said "It's just an opinion, we have a right and we're willing to go to court to prove it."

The mayor's order states if anyone with a gun refuses to leave the designated areas they could be arrested for criminal trespass.

Warden left, and was not detained.

 

[shotgunjoel]

Further, he doesn't want anyone to get hurt.

Um, wasn't half of the point of this that he wanted to overturn a stupid law that doesn't protect people from "getting hurt"??

 

[30mag]

The mayor prohibited firearms in these places (actually he made the Parks and Recs Department prohibit firearms). He did not enact any ordinance or statute that carries any weight of law because he knew that if he did it would be immediately, without action, voided by state preemption. That is how he, in his mind, thinks he got around preemption, he did not criminalize firearms possession, he merely said, "Don't bring a gun on my property."

Does public property belong to the Mayor in Seattle?

I wouldn't think so since it was purchased by taxpayers... therefore, it doesn't stand to reason that he alone has the authority to make such a restriction.

 

[NavyLCDR]

Does public property belong to the Mayor in Seattle?

I wouldn't think so since it was purchased by taxpayers... therefore, it doesn't stand to reason that he alone has the authority to make such a restriction.

And that is exactly what we are hoping the courts will rule.

 

[Atroxus]

As far as the Attorney General's opinion goes, Fryer said "It's just an opinion, we have a right and we're willing to go to court to prove it."

Crap like that infuriates me. Sure this dude just waste more tax-payer money fighting law-suits that he KNEW were going to be coming, because he also KNOWS that he is breaking the law. When someone like me says "I think it's illegal" thats just opinion, when a state attorney general says it though, you would think it would have a little credibility. But what the hell, it's not his money right? I wish these two tool-sheds(Nickels and Fryer) could be sued personally, and be forced to pay for the legal backing for their hare-brained schemes on their own dime.

Sorry...rant over...for now.

 

[rainbowbob]

I wish these two tool-sheds(Nickels and Fryer) [and all other politicians] could be sued personally, and be forced to pay for the legal backing for their hare-brained schemes on their own dime.

Our elected officials could not operate under that kind of personal risk.

The wheels of government would come to a grinding halt...

...wait a minute...

We might be on to something.

 

[esquare]

I wish these two tool-sheds(Nickels and Fryer) [and all other politicians] could be sued personally, and be forced to pay for the legal backing for their hare-brained schemes on their own dime.

I've been saying this for a long, long time. Why can't we hold policy makers accountable. The truth is that bad policy is often vastly more devastating than any firearm.

I want our politicians to go to jail if they:

Pass a law that is unconstitutional
Do not read each bill they vote on or sign
There are probably a few more!

 

[Sweden]

ESQuare,

+ They pass a bill that doesn't apply to themselves.