Appeals court upholds decision voiding Seattle's gun ban

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by KING5.com

KING5.com

Posted on October 31, 2011 at 5:32 PM

Updated Wednesday, Oct 30 at 3:16 AM

A Washington appeals court on Monday upheld a King County superior judge's ruling that voided Seattle's ban on carrying guns in city parks.

In a unanimous ruling, three judges of the Washington State Court of Appeals for Division 1 ruled that Judge Catherine Shaffer was correct in her Feb. 2010 decision that the city exceeded its authority in banning firearms from parks. Only the legislature, not the city, has authority to enact such a restriction, the judges concluded.

The Second Amendment Foundation, the National Rifle Association, and several individuals, including a gay rights activist and a Department of Corrections worker, sued the City of Seattle and former Mayor Greg Nickels in October 2009 to block the ban.

"We told former Mayor Greg Nickels he was wrong," Second Amendment Foundation Vice President  Alan M. Gottlieb  said Monday, "and we have reminded the city under Mayor Mike McGinn that it was wrong, and now the Appeals Court has confirmed our position."

Seattle officials said they will review the ruling before deciding on another appeal, according to a spokesperson for the City Attorney's office. 

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