Saturday - March 10, 2012

This Doesn’t Work In Philadelphia Either

For a while there it seemed Philly was passing it’s own set of gun laws every year, only to have them, um, shot down by the state Supreme Court. Cities can’t make laws that go beyond state law. Now it’s Seattle’s turn to lurn. How come this kind of thing never works in New York City? Gun law-wise, the place is a nation unto itself.

The Washington State Supreme Court put an end Thursday to the city of Seattle’s efforts to impose a gun ban at city parks.

Attorneys for the city had asked the high court to overturn a lower court ruling that the gun ban violated state law. But the Supreme Court justices declined to even look at the case, reaffirming that the gun ban is illegal.

The National Rifle Association cheered the ruling, saying that it represents a “final victory” for Seattle gun owners.

The case began in 2008, when the city of Seattle and then-Mayor Greg Nickels enacted a rule that banned firearms from city parks, community centers and other city properties.

...

In 2009, the city added another rule that banned guns from parks where children were likely to be present.

In October 2009, the NRA and the Second Amendment Foundation asked a King County Superior Court judge to strike down the rules as a violation of a state law prohibiting localities from enacting this type of ban on guns.

In response, the city replied that the ban was permissible because it was acting in its interest as owner of the park properties.

In 2010, a King County Superior Court judge struck down the gun ban, and the state Court of Appeals later confirmed that ruling. By declining to review the appeals court ruling, the state Supreme Court reaffirmed it, and the gun ban is now history.

Beat the leftist nanny-staters down with a hammer again and again until they give up or die. Preferably both.


Hell, they knew they were full of beans in 2008 when they passed the first law, and their AG told them so:

In October 2008, Attorney General Rob McKenna (R) issued an opinion, which put the city and Mayor Nickels on further notice that Washington cities may not enact local laws prohibiting possession of firearms on city property or in city-owned facilities.

In 2010 the King County court threw out their bans:

The rule banning firearms in Seattle parks was tossed out Friday by King County Superior Court Judge Catherine Shaffer, who said the city cannot pre-empt state law.

The city now has 30 days to remove the 116 metal signs, which are about 1 by 1-½ feet in size and show a handgun inside a red circle, with a red line crossing out the gun. In all-capital letters there is the warning: “FIREARMS PROHIBITED.”

Assistant City Attorney Gary Keese said, “We will comply with the court order and are weighing with the mayor and City Council the options for appeal.”

I’m not a lawyer, but I don’t think “but we don’t like the decision” is sufficient grounds for appeal. Nevertheless ...

In 2011 the State Court of Appeals threw out their appeal:

The Washington state Court of Appeals affirmed this week that a gun ban in Seattle’s parks is illegal.  The decision comes more than a year after a King County judge sided with several area gun owners, the NRA and the Second Amendment Foundation, and the city of Seattle appealed.

In this week’s ruling, which affirms the trial court’s decision, the Court of Appeals panel wrote:  “We hold that under the plain language of RCW 9.41.290 and RCW 9.41.300, the City’s attempt to regulate the possession of firearms at designated park areas and park facilities open to the public by adopting the Firearms Rule is preempted by state law.”

So my guess is that Seattle will now try and appeal their refused appeal of their denied appeal of their denied appeal of the decision that said the same thing as their own AG’s original opinion to the 9th Circuit clowns, and then the US Supreme Court, which will both ignore them as well. As long as the taxpayers are footing the bill, the leftists simply will not take no for an answer. It’s for the chiiiiildren you know.

Posted by Drew458     on 03/10/2012 at 02:18 PM   
Filed Under: • Guns and Gun Control •  
• Comments (2) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2015 Domain Owner