Showing posts with label Seattle. Show all posts
Showing posts with label Seattle. Show all posts

Friday, December 17, 2010

Sleepless (and Icy) in Seattle

Tonight's icy road video -- from a snow/ice storm last month, on Seattle's John Street in Capitol Hill according to the video's description:

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.

Friday, June 5, 2009

Seattle mayor backing off gun ban?

From Seattle Weekly:
Seattle Mayor Greg Nickels might be having second thoughts about moving forward with his controversial "dangerous weapons" ban. The executive order would effectively prohibit the possession of firearms on most city-owned properties. The ban has naturally drawn the criticism of Second Amendment rights groups and also Attorney General Rob McKenna, who has stated that it violates state preemption statutes.
...
The Mayor's office has been vague on the issue, saying simply that an announcement hasn't been made yet. The Seattle Weekly has called to clarify the issue but follow up questions have not been answered.

The lack of action is surprising, particularly to opponents of the ban.

Alan Gottlieb, of the Bellevue-based Second Amendment Foundation said that his organization had prepared legal action, lined up plaintiffs and was going to file a lawsuit the day that Nickels put his executive order in place.

"They have a dead-bang loser in court and they know we were going to sue," Gottlieb challenged. "The Mayor talks a good game but he hasn't put his cards on the table yet." ...

Article here.

Tuesday, May 26, 2009

Seattle tries to subvert preemption law

From the Evergreen State:
In the wake of last year's shootings at Seattle's Folklife Festival, Mayor Greg Nickels pledged to ban guns on city property. But except for one public hearing, there's been little sign of activity. Now as the festival kicks off this weekend at Seattle Center, city officials say the new policy is in effect.

When folk music fans arrive at Seattle Center for the festival, they'll see signs posted saying no guns allowed. And that applies even to concealed weapons with legal permits.

Bob Scales is Seattle's senior policy analyst on this issue. He says gun owners will have a few options.

Scales: "They can either take their gun and either take it home or store it legally in their car. Or if they want to store it at Seattle Center they're making safe storage devices available."

There are lock boxes in Key Arena, where gun owners can leave their guns until they're ready to go home.

The city included new language in its leases with the Folklife Festival and other renters this year. These groups are now required to take steps to keep guns off city property. Right now, the policy only applies to locations covered by those leases. Later this year, the city will implement the gun ban in all city parks and buildings. But they aren't calling it a ban. That's because state law preempts tighter gun laws by cities.

Scales says it's a "rule."

Scales: "The state preemption clearly prohibits the city from passing a law. A rule is not a law. What a rule is, is essentially a formalized policy."
[emphasis added]

And if someone breaks that rule by bringing a gun to Seattle Center or City Hall, there won't be any penalty. The penalty will be a citation for criminal trespass, if the person is asked to leave and refuses.

Alan Gottlieb heads the Second Amendment Foundation in Bellevue. He's been a vocal critic of the Seattle gun rule. He says it violates state law and he'll be in court as soon as the city implements it. ...

Article here. Imagine if the city tried to subvert anti-discrimination laws by passing a "rule" that no blacks, or hispanics, or asians, could enter the festival. Think they'd get very far? Or a "rule" that tried to muzzle free speech in all city parks?

In general, a municipality's administrative rules cannot override state law, absent some explicit authorization by the state legislature or state Constitution. Municipalities are political subdivisions of the state, and hence subject to its power.

Friday, March 27, 2009

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[North Carolina] Lawmaker introduces bill to protect vets from losing gun rights:
North Carolina U.S. Senator Richard Burr, along with 14 other cosponsors, introduced legislation that would end a seemingly arbitrary process by which the government "strips" veterans and other Department of Veterans Affairs (VA) beneficiaries of their Second Amendment rights.

Currently veterans who have a fiduciary appointed to act on their behalf are deemed "mentally defective" and are reported to the FBI's National Instant Criminal Background Check System (NICS), a system which prevents individuals from purchasing firearms in the United States.

The Veterans' Second Amendment Protection Act would require a judicial authority to determine that a VA beneficiary poses a danger to themselves or others before VA may send their names to be listed in the FBI's NICS.

"Under current law, veterans who have come to (the) VA for help but who are determined to be unable to manage their own financial affairs are labeled as mentally defective and, on that basis alone, are denied their 2nd amendment rights," Burr said. "I am very concerned that government employees can so easily take away a veteran's right to bear arms. My legislation would protect the rights of veterans and their families by ensuring that only a proper judicial authority is able to determine who is referred to NICS." ...


[Massachusetts] Fewer gun dealers due to onerous regulations:
Fifteen years ago there were 23 federal firearms licenses issued in Belchertown.

Today, there are three.

"I would say that's a pretty major decline," said Rich Kimball, of R&R Gun Sales, 450 State St., and one of the three remaining license holders.

Stricter federal licensing regulations dating back to 1993, plus the overall climate in Massachusetts with some of the toughest firearms laws in the country, have made it tough for gun dealers in the Bay State, according to Kimball. The combination, he says, "caused a lot of dealers to get out of the business."

Since 1994, the number of federal firearm licenses - FFLs - issued in Massachusetts has declined from 4,109 to 531, or by 87 percent.
...
In 1993 there were 240,000 federal firearms licenses issued nationwide. As it was pointed out at the time by one pro-gun control group, there were more licensed firearms dealers in the United State than there were gas stations.

Since then the number has declined to about 109,000, or by 62 percent, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives. The decline is part of a national trend that dates back to two pieces of legislation, according to the federal agency that oversees the licensing.

The first is the Brady Bill, named after White House press secretary James Brady who was shot in an assassination attempt on President Ronald Reagan in 1981. It increased the license fee from $10 per year to $200 for the first three years and $90 for each three-year renewal.

The second piece of legislation was the Violent Crime Control and Law Enforcement Act of 1994, also known as the Crime Bill. It requires applicants for the federal licenses to notify their local police department, submit fingerprints and a photo with the application, and certify that their businesses adhere to local zoning regulations.

It also requires gun dealers to have an established location for their shops that must be separate from their residences. This eliminated many hobbyists and part-time dealers.
...
Ultimately the federal legislation and state regulations did little to fight crime, Wallace contends, but they have managed put a lot of honest dealers out of the business. He also cited the Massachusetts Gun Control Act of 1998, which, he said, enacted more layers of restrictions and regulations for the purchase and sale of guns. ...


[West Virginia] Lawmaker wants permitless carry ... for himself:
CHARLESTON — Controversy often inflames passions, and mindful of this lawless age and a propensity of some in society to go over the edge, a few lawmakers want the right to arm themselves without a weapons permit.

One sponsor of such a House bill, in fact, Delegate Mark Hunt, D-Kanawha, relayed a personal threat directed at him and his family, penned by the hand of a convict.

A self-described “monster,” the man behind bars warned of what he intended to do to Hunt and his children.

Hunt decided to leave nothing to chance and get a firearm, but was told he had to wait during a two-month concealed weapon application process. [emphasis added] ...

Comment: What's good for the goose is good for the gander. Shouldn't the citizens Mr. Hunt represents have the same RKBA rights as their elected servants? Mr. Hunt's complaint appears to be that West Virginia law also applies to him.


[Ireland] From the "oops" file: Gangster shoots himself in head [hat tip to reader Jim P.]:
A WELL-known criminal who is a central figure in Limerick's ongoing feud was in a critical condition on a life support machine last night after he accidentally shot himself.

Feared gangster Philip Collopy (29) from St Mary's Park, Limerick is in the city's Mid-Western Regional Hospital where he has been since he shot himself in the head on Saturday morning.

The career criminal shot himself with a glock handgun at close range in a house at St Munchin's Street, St Mary's Park. He had been inspecting the gun and removed the loaded magazine from it while handling it. However, he failed to realise a bullet was still in the chamber before he discharged the weapon while it was pointed at his head. [emphasis added] ...

Comment: Well, at least he now knows the gun works. :)


Columnist asks: Would you know an "assault weapon" if you say one?
... If you answered "D)all of the above" congratulations, you qualify for a California Senate seat! You'd also be wrong.

Those who want to take away gun from civilians know they can't take them all at once. The only way to get them is to vilify and ban one class of firearms at a time. Two of the most frequent targets are handguns and "assault weapons." But, what exactly is an assault weapon, and why do they claim we need to ban them?

Actually, the term "assault weapon" is made up. It is a derivative of the real phrase "assault rifle" which is a selective fire (can switch between automatic and semi-automatic) rifle or carbine firing ammunition with muzzle energies intermediate between those typical of pistol and high-powered rifle ammunition. If you look at the above pictures again, only one of the above is an assault rifle, and that is "B", a M-16. Both the AR-15 (A) and the SIG 556 (C) are semi-automatic only. But the gun grabbers want to ban them because they are evil looking black rifles.

Since there is a very specific definition of an assault rifle, the gun control crowd needed something that sounded similar and scary so that they could apply that label to this scary looking class of firearms. So, they made up "assault weapon". Sounds close enough.

Looks are the only thing these firearms have in common with real assault rifles. No army or terrorist group in the world would limit themselves to such weapons as they are primarily suitable for sporting purposes and civilian self defense, not the battlefield. A study done by the US Department of Justice found that these kinds of guns are used in less than 1% of all gun crimes. And yet, these unscrupulous individuals have absolutely no qualms about lying to the public in order to sell their agenda.
...
One of the reasons this incident made the headlines is because how rare it is that such an incident occurs. That hardly makes for a description of our cities as "demilitarized zones." Much more troubling is the fact that witnesses to the crime were cheering the deaths of these officers. But, why focus on the root of violence and try to fix the real problem when you can just blame the gun and try to disarm innocent, law-abiding citizens?

One argument regularly used by those in favor of an AWB is that criminals can easily convert these semi-automatic firearms into automatic firearms (machine guns). If it is so easy, why isn't it being done? Right now, there is no AWB, so there shouldn't there be machine gun killings on the news every night? The ban is a farce for crime control, and they know it. ...


[Washington] Seattle mayor moves ahead with gun ban:
Mayor Greg Nickels is going forward with a controversial executive order which would ban "dangerous weapons" - including firearms - on Seattle owned parks and properties. An exact date has not been set yet for when the ban will go into effect. However, a spokesman for the Mayor's office said the ban is currently expected to begin sometime in May.

Coincidentally, this places the time somewhere around the one-year anniversary of the freak shooting incident at Folklife, last year, that left two people injured and was the casus belli for the order.

The move also comes in spite of legal concerns questioning whether the city can unilaterally prohibit firearms owners, particularly those possessing Concealed Pistol Licenses, from exercising their legal rights. ...


[Arkansas] Open carry bill dies in committee:
Yet another weapons bill hit committee this afternoon as the House Judiciary Committee considered Rep. Mark Martin’s legislation to allow people to carry firearms in plain sight. The bill’s lack of provisions for training and its apparent permissiveness toward the open-carry of machine guns was too much for the committee. Though Rep. Martin did not agree with these criticisms, he pulled the bill down for amendment to ensure that it would not be legal for children to wield a gun.

Several legislators suggested they might vote for the bill if it required some sort of permit or training for open carry, but Rep. Martin firmly resisted making a change. He argued that such a requirement would place a financial burden on impoverished people. The poor who couldn’t pay would be unable to exercise what Rep. Martin considers a constitutional right to bear arms in the open. In response to the comment that anyone who owns a gun can also afford a training course, Rep. Martin responded that a gun might be inherited or earned from some sort of program.

“[A fee] would have a chilling effect on people who were discriminated against before,” Rep. Martin said in reference to the 19th century slave laws he cited to justify the necessity of open-carry legislation. ...

Saturday, December 20, 2008

Seattle holds public hearing on proposed gun ban

From Seattle Weekly, on this week's public meeting on Mayor Nickels' proposed gun ban:
Although it is convenient to characterize the opponents of Nickels' gun ban merely as a lot of flannel and camo-clad yokels from Auburn or Kent or Enumclaw, the audience was far more representative of the city as a whole than one might stereotypically expect.

There were healthy numbers of liberals and progressives, environmentalists and community activists mixed in with Republicans and Libertarians who were opposed to the notion that, despite being licensed to legally carry a concealed firearm, they'd be forced to walk unarmed in city parks while gang members, stalkers and sundry other criminals are free to pack heat.

Lonnie Wilson, a Lynnwood resident, said he and his partner frequently visit Seattle because it is the center of gay cultural life in the region. He has had a concealed pistol license for eight years.

"As a gay man, I have to be very careful about holding the hand of my partner in public," Wilson said. "I don't want to hide myself just to be safe. Minorities such as myself are the biggest target of hate crimes."

Yvonne Kinoshita Ward, a civil rights lawyer and former President of the Asian Bar Association of Washington said the ban hurts the most vulnerable in the community, minorities, women, domestic violence victims and the disabled. She quoted FBI crime statistics stating that of the 9,000 hate crimes committed in 2007, 41 percent occured on government-owned property.

"Wicked and cowardly men who commit hate crimes do not obey the law," Ward said. "Do not disarm or criminalize those they seek to harm."

Maggie Willson, from Seattle, described herself as a "gun-toting tree-hugger" who campaigned for Barack Obama. She spoke about being raped at knife-point and living in fear for several years before a friend taught her how to shoot.

"Gun bans hurt women more than they hurt men," Willson said adding that she now feels secure, as a CPL holder, to hike at Carkeek Park.

Article here.

Tuesday, November 25, 2008

The Kingdom of Seattle

From Seattle:
Seattle Mayor Greg Nickels expects to introduce a city rule change in December that would ban all guns from city buildings and parks, despite objections from state officials and gun-rights advocates.

City staff released a draft of the proposed change to reporters Friday, which shows a change in line with statements Nickels made following a nonfatal shooting at the Northwest Folklife Festival in May.

The administrative change, which would not come to a City Council vote, would ban concealed weapons from city-owned property. Roads, sidewalks and most parking areas would not be included.

In October, the state Attorney General's Office issued an opinion asserting the mayor's proposed restrictions would violate state law blocking cities from enacting gun rules. The move also caught the attention of gun-rights advocates, who see it as an attempt by Nickels to pave the way for additional prohibitions.

Article here.

Friday, November 14, 2008

Seattle mayor plans gun ban, despite Attorney General's legal opinion

From the Seattle Post-Intelligencer:
An unequivocal "no" from the state Attorney General's Office is often enough to shoot down a city proposal.

Not so with a move by Seattle Mayor Greg Nickels to ban legally permitted handguns from city-owned parks and buildings, an effort that, if successful, could shatter a 47-year-old state prohibition against cities' regulation of firearms.

The Mayor's Office continues to build a case for the ban despite an Oct. 14 opinion issued by Attorney General Rob McKenna's office arguing that the city cannot pre-empt state gun law. The mayor hopes to introduce an administrative order next month.

Article here. When government officials sworn to uphold the laws and constitution don't obey the law, at some point ordinary citizens may decide that they don't need to obey those laws either.

Wednesday, September 10, 2008

Community organizing you can get behind

From the Home of Starbucks, a/k/a Seattle:
In some ways, the group of Beacon Hill residents who gathered August 27 to walk the streets at dusk was just like any other community meet-up: People made small talk about the weather and compared how long they'd lived in the neighborhood. But in another way, it wasn't so typical, at least for Seattle: Some of those assembled were packing heat, part of an armed patrol recently born of the neighborhood's listserv (beaconhill.seattle.wa.us).

Article here. The article has the usual anti-gun quotes from the usual suspects, and the reporter gives a lot of column inches to gun-fearing residents, but, well, it's Seattle.