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Appeals court upholds decision voiding Seattle's gun ban

by KING5.com

KING5.com

Posted on October 31, 2011 at 5:32 PM

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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Comments: Displaying 1 - 15 of 15

ironmike86 said on November 6, 2011 at 12:39 PM

smiget Guess there more room at the Parks without you there. It was getting crowded

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smiget said on November 1, 2011 at 7:04 PM

I feel safer with police. I have friends who are police. I trust them because they are professionally trained!! No, I did not leave my son at their house!!

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Jarhead1982 said on November 1, 2011 at 6:11 PM

Must be awful thin walls and a door to hear a magazine being inserted into a pistol, lol. Are you sure it wasnt the slide being pulled back to chamber a round which can be loud enough to be heard, but not the magazine. Geez, could you at least get your lies straight and use the right terminology at least? So what your saying smidget is that the neighbor did not threaten you, point a gun at you, but was just being cautious, wow such a scarey thing being prepared is to you! Guess we will have to demand that you show evidence of you not having any life, home, car or medical insurance as being prepared like that is just insane right? You should at least finish your fairy tale and tell everyone whether you left your grandson there eh? Since your so afraid of an inanimate object, you must be frightened to death of the police. You know, those 800k only ones 11 times more likely to accidently shoot you than the 8 mil cpl licensee's.

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smiget said on November 1, 2011 at 12:48 PM

I had a neighbor who was an avid gun enthusiast. When I went to their house one evening, around 9:00 PM, because I needed them to watch my son, due to an emergency. After knocking on the door, I heard the drawer to the buffet open, the clip go into the gun, BEFORE the neighbor even asked who was at the door. I screamed my name and when he finally opened the door, he was standing there with the loaded gun behind his back!! Need I say more!

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mazze6011 said on November 1, 2011 at 10:57 AM

I was kind of wondering what a ban is going accomplish? Does this guy think it will stop criminals from having gun's?

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agarmy said on November 1, 2011 at 8:36 AM

@ Smiget, I hope you realize, that if someone is openly carrying a weapon, they are most likely legal to carry it. If they are legal to carry it, then they submitted to background to check to make sure they aren't batsh*t crazy. Perhaps, if you don't like guns so much, move out to the country... in the middle of oh... 20 or 30 acres, so nobody can come close to you with a gun. Otherwise, just deal with the fact that our forefathers laid down the right for us to have ownership of weapons, and thank your state for allowing us to carry openly, should we be legal to carry to begin with.

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Charlie_Eaki884 said on November 1, 2011 at 6:20 AM

"What about our constitutional right to protect our children for crazed people with guns? You have to be crazy to wear a firearm openly!!!" So all cops are crazy? I think the crazy person here is you. You seem very paranoid.

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Charlie_Eaki884 said on November 1, 2011 at 6:18 AM

Hey City of Seattle how about you stop wasting Tax Payer Money by appealing it. Everyone told you, you would lose, but you didn't listen.

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Tnadal said on November 1, 2011 at 2:17 AM

smiget: our founding fathers set aside our right to keep and carry firearms. the washington state legislature says that we are legally able to carry any otherwise legal weapon so long as it's carried openly. you stand a significantly higher chance of some drunk running the two of you over, than you do some crazy with a gun shooting you in public. Most gun murders are committed by friends or family, not random strangers. as an (apparent?) elder, i'd expect you to have more experience with life.

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ruxpercnd said on October 31, 2011 at 9:51 PM

Greg Nickels did the people a disservice by his reckless disregard for the law and sloppy use of his authority. He wasted public funds simply to express his emotions and twisted ideology. This is the most polite way I can put it. And it reflects on the people of Seattle who keep electing these types. I just wish the lefties would just move to Kalifornia. I mean really, you believe that only the government should have guns? People all around you are armed, women carry guns in their purses for good reason, men carry concealed weapons, good citizens. There is no reason to fear a good, law abiding citizen. So, please don't try to turn citizens into criminals by passing stupid laws to satisfy your nanny state need for control. It won't work. Guns are good, they keep us free. Guns are a great equalizer when things get rough. Of course, politicians probably don't want things to be equal when they try to impose their police state.

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tugthug said on October 31, 2011 at 8:31 PM

Give it up already! What the h**l are you going to appeal City of Seattle. Your just not going to win this one. The last court would be the State Supreme Court and they are not likely to go against the two other court rulings.

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recon said on October 31, 2011 at 8:05 PM

Have you ever heard of a person who is leagally carrying a concealed weapon using it to commit a crime. I doubt it. The people you are affraid of are the people who are not legally allowed to carry those weapons in the first place. Around the world, the places that have some of the highest violent crime rates are the places where only criminals have access to weapons. Most of the areas around the world that have the lowest violent crime rates are the areas where more people are armed legally. Think about it. Would you attempt to break into a house if you knew or even thought the owner was armed? Criminals are cowards who pray on helpless people.

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smiget said on October 31, 2011 at 7:44 PM

We aren't safe anywhere in Seattle anymore. Seeing people, men especially, with guns strapped to their belts, feeling like tough guys, scares me to death! I will never take my grand-daughter to a park in Seattle again as long as people can carry firearms openly! What about our constitutional right to protect our children for crazed people with guns? You have to be crazy to wear a firearm openly!!!

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freedomfrank said on October 31, 2011 at 7:12 PM

The right to keep and bear arms will not be infringed. You want your free speech we want our guns. No one has ever been shot at an NRA convention. You do the math,,,,

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Sir_Real said on October 31, 2011 at 6:17 PM

Least we know the SPD won't be bothering the Tea Party at their next rally in Seattle.

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