rainbowbob
Member
A man has publically announced a challenge to Mayor Nickel's (soon to be Mayor-elect McGinn's) gun ban:
As he pointed out, the already-pending law suits may not have standing because, as of yet, no one was actually denied access to a park facility for carrying a firearm.
This is exactly what is needed, someone with the legal chops and the spare time (and hopefully deep pockets) to fight this unlawful ban.
I wish him well.
Seattle man to pack a pistol into community center to protest mayor's ban
By Susan Gilmore
Seattle Times staff reporter
A Seattle man said he plans to carry a gun into a Seattle community center Saturday to protest Mayor Greg Nickels' ban on carrying guns into city parks.
"As a courtesy, this is advance notice that at noon tomorrow, Saturday, November 14, I plan to exercise my legal right to bear arms in Seattle's Southwest Community Center, 2801 SW Thistle Street." said Bob Warden in a letter to the Seattle Parks Department. "I will be safely and securely carrying my holstered Glock pistol. I have a current valid State of Washington license to carry concealed."
Warden said he has been an attorney in Washington state since 1991, but doesn't currently practice law and works in labor relations for an unnamed federal agency in the Seattle area. He said he will take a gun into the community center because the city's new gun ban "was promulgated in knowing and blatant violation of state and federal law."
The ban went into effect last month in certain park facilities and will eventually affect hundreds of playgrounds, community centers, sports fields, swimming pools and water-play areas.
Nickels in September proposed the ban specifically to protect children, but the move immediately drew fire from gun-rights advocates and questions about its legality.
State Attorney General Rob McKenna said after the gun ban was announced that state law pre-empts local authority to adopt firearms regulations, unless specifically authorized by law.
Nickels said state law does not prohibit a property owner from imposing conditions on the possession of firearms on his or her property.
According to Nickels, the city believes a municipal-property owner such as Seattle may impose limits on firearms as a condition of entry or use of particular facilities, particularly those where children and youth are likely to be.
Four gun-rights groups and five individuals said last month they are suing the city of Seattle and Nickels over the new ban on guns in city parks.
But Warden said today he believes the plaintiffs may not have standing because they haven't been denied admission to a city park, and parks officials confirmed today that the issue has not arisen at any facility.
"I expect their suit may be dismissed," he said, adding that he intends to file his own lawsuit if denied admission to the community center.
"I will do so promptly and I will have legal standing," said Warden, 44, a graduate of the University of Washington law school. "I don't think public officials should get away with ignoring the law."
He said he will use McKenna's opinion in his suit.
Warden said he plans to test the law at the West Seattle center because he grew up in West Seattle and knows the area.
He said he informed the city about his plans because "I don't want to play hide the ball." Further, he doesn't want anyone to get hurt.
Warden said he's had a concealed-weapons permit since the early 1990s and is a certified pistol instructor.
He said if turned away Saturday he will comply, and described what he would be wearing so he'll be easy to identify.
As he pointed out, the already-pending law suits may not have standing because, as of yet, no one was actually denied access to a park facility for carrying a firearm.
This is exactly what is needed, someone with the legal chops and the spare time (and hopefully deep pockets) to fight this unlawful ban.
I wish him well.