Monday, November 30, 2009

Seattle sued over public building gun ban

From the Evergreen State:
SEATTLE -- A Kent man who chose to "exercise his right to bear arms" by carrying a holstered Glock pistol into a community center earlier this month has taken the mayor to federal court.

Robert C. Warden filed a complaint against the Seattle Mayor Greg Nickels and the city itself in U.S. District Court, alleging the city's gun ban defies his constitutional right to bear arms.

...

Warden's complaint defines the gun ban as a "substantial and comprehensive infringement of Second Amendment rights" -- an opinion the state Attorney General Rob McKenna shares, according to Warden. In a formal written opinion, McKenna said cities in Washington state do not have the power to regulate the possession of firearms on or in city property generally open to the public.

The complaint seeks an order permanently prohibiting the city and Nickels from enforcing any law that "in any way regulates any aspect of firearms unless specifically authorized by Washington Sate statutory law."

Warden, 44, protested the city's new gun ban by walking into the Southwest Community Center in West Seattle while carrying his gun at high noon on a Saturday earlier this month.

He had forewarned parks officials of his intent and, as a result, was asked to leave immediately after entering the center. Warden complied.

Warden, an attorney licensed to practice in Washington, said the incident gives him legal standing to file a lawsuit over the ban, which he believes is illegal. ...

Article here. Hopefully, in addition to a permanent injunction against the city, the city will be forced to pay a hefty settlement or punitive damages for its blatant disregard of state law.

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